California State Assembly Speaker bans texting in session

The new California Assembly Speaker has banned text messaging on the assembly floor prompting skepticism from First Amendment advocates that the ban is enforceable or efficacious. -db

CivSource
Commentary
March 9, 2010
By Bailey McCann

Last week, when John A. Perez became California’s new Assembly Speaker a point in his opening speech caught our eye — a new rule limiting [...]

Anonymous speech: Federal court protects identities of posters on news website

A Pennsylvania federal court will not allow a man suing in an employment discrimination case to discover the identities of those making posts on a new website. The man wanted the identities to discredit the testimony of those who fired him. -db

Citizen Media Law Project
Commentary
March 8, 2010
By Sam Bayard

Thomas O’Toole at TechLaw points us to [...]

First Amendment cases: Supreme Court to hear Kansas case of protesters at military funeral

The Supreme Court will hear the case of a Marine father who sued protesters who picketed his son’s funeral with signs reading “God Hates You” land “Thank God for Dead Soldiers.” The picketers were from a Baptist church that believes God hates homosexuality and is punishing the U.S. for tolerating it with the death of [...]

EFF: Federal law on adult photography poses threat to free speech

The Electronic Frontier Foundation is joining with other free expression advocates in a legal challenge to the federal criminal law that requires anyone producing a visual depiction of sexually explicit expression to maintain extensive records including copies of drivers’ licenses, home addresses, etc. -db

Electronic Frontier Foundation
Press Release
March 5th, 2010
SAN FRANCISCO – The Electronic Frontier Foundation [...]

Time has come for a federal anti-SLAPP law

A lawyer who earns considerable income from defending citizens from Strategic Lawsuits Against Public Participation (SLAPPs) says it is time to back a democratic congressman’s bill for a federal anti-SLAPP law to protect citizens’ free speech rights. -db
Citizen Media Law Project
Opinion
March 4, 2010
By Marc J. Randazza

Congressman Steve Cohen, D-TN is our First Amendment Bad Ass of [...]

Former teacher sues D.C. mayor and the public school chancellor for defamation

After the Washington D.C. public schools chancellor said to the media that she got rid of teachers who hit students and had sex with children in reducing the teaching force, she was sued by a teacher who claimed those statements defamed him. -db

Courthouse News Service
March 8, 2010
By Ryan Abbott
WASHINGTON, D.C. (CN) – A teacher says [...]

California legislators for amending U.S. Constitution to overturn Supreme Courts ruling on campaign finance

Two California legislators have introduced a resolution in the state legislature for a constitutional amendment to overturn the Supreme Court decision in Citizens United v. FEC arguing that the court decision wrongly gives corporations the same First Amendment rights as individuals and will allow them to use advertising to control the outcome of elections. -db

Metropolitan [...]

Supreme Court rejects attempt to void part of bankruptcy law on First Amendment grounds

The U.S. Supreme Court upheld provisions of the federal bankruptcy law that had been challenged under the First Amendment. The court upheld a key provision that states that a debt relef agency could not advise a client to incur more debt in order to file for bankruptcy. -db
First Amendment Center
March 8, 2010
By David L. [...]

Attorney for army major who allegedly killed 13 starts blog on the case

After a military judge issued a gag order in the trial of a man accused of killed 13 people at Fort Hood last year, the civilian lawyer for the man started a blog to make his case for the suspect. -db

CNN
March 2 2010
By Larry Shaughnessy
Washington (CNN) — In response to a partial gag order, the attorney [...]

Journalist appeals denial of mug shot of federal fugitive

A freelance journalist is appealing a federal court ruling that the U.S. Marshals Service could deny a Freedom of Information Act request for a mug shot of securities fraud fugitive, Luis Giro. -db

The Reporters Committee for Freedom of the Press
March 3, 2010
By Curry Andrew

A freelance journalist has asked a federal appeals court to consider whether [...]

Google would welcome government support in challenging Chinese censorhip

Google wants the Obama administration to take China’s censorship of Google to the World Trade Organization as an unfair barrier to trade. -db

Bloomberg News
March 3, 2010
By Mark Drajem

(Bloomberg) — The Obama administration is weighing the merits of taking China’s censorship of Google Inc. to the World Trade Organization as an unfair barrier to trade, a [...]

New York City considers press credentials for bloggers

Mayor Michael Bloomberg wants to allow online journalists and bloggers press credentials. The proposal comes in the wake of a lawsuit filed by three bloggers denied access to city events. -db

The Reporters Committee for Freedom of the Press
March 3, 2010
By Christine Beckett
New York City and Mayor Michael Bloomberg announced a new policy that would allow [...]

Legislation needed to block corporation money in elections

A columnist for the Buffalo News says that now that the Supreme Court has unleashed the monster of corporate money in the political arena, it is left to Congress to enact a law to block the anticipated flood of special interest money in federal, local and state elections. -db
The Buffalo News
Opinion
March 1, 2010
By Douglas Turner

WASHINGTON, [...]

Bandwidth problems threaten to curtail military’s social networking

The Pentagon is allowing the troops to use such sites as Facebook and Twitter, but it may be difficult for them to actually sign on since, especially in places like Afghanistan, bandwidth is limited. -db
The Hill
March 1, 2010
By Tony Romm
Trouble with the Pentagon’s strapped Web network could threaten its new decision to permit service [...]

Oregon man seeks First Amendment protection for flipping off sheriff’s deputies

A 46-year-old mathematician is suing the sheriff for damages and corrective action after he was stopped by sheriff deputies two different times after giving them the finger. db
The Oregonian
February 28, 2010
By Steven Mayes
When Robert J. Ekas decided to exercise his right to free speech, he didn’t open his mouth.
He hoisted his middle finger.
His single-digit protests, [...]

Intimidation succeeds far too often in stifling free speech

There are all too many recent instances of authorities canceling talks by controversial speakers because they fear violence or disruption. This results in a systemic compromising of free speech rights and significant weakening of the foundations of democracy. -db
Townhall.com
Opinion
March 1, 2010
By Herb London

Jake Witzenfeld, president of Cambridge University’s Israel Society cancelled a talk by Benny [...]

Theft of student newspapers under investigation at California state university

The latest issue of California State University Northridge’s Daily Sundial contained a column asking fraternities and sororities to host more fundraisers for public causes. Someone at the  university responded by stealing more than 2,000 copies of the newspaper from newsstands. -db

Student Press Law Center
March 1, 2010
By Laura Dobler
Police at California State University – Northridge are investigating [...]

California court throws out conviction in child molestation case after juror discusses case outside of court

A man convicted of child molestation won a new trial after a judge found that a juror’s discussion of the proceedings with a friend has been prejudicial and deprived the defendant of a fair trial. -db
Metropolitan News-Enterprise
March 1, 2010
By Kenneth Ofgang

A juror’s repeated conversations with a friend about the child molestation case he was hearing [...]

Opinion: Time for bloggers to gain protections afforded traditional media

With more of the public gaining their news from online sources rather than print media and using the social media to become more interactive and participatory in accessing the news, a CMLP blogger argues that bloggers should be entitled to the same protection as mainstream press. -db
Citizen Media Law Project
Commentary
March 1, 2010
By Andrew Moshirnia

Well, it [...]

Man forwarding alleged defamatory e-mail not liable

A California state appeals judge ruled that a man forwarding an e-mail about a Vietnam War veteran could not be charged with defamation. -db
Courthouse News Service
March 1, 2010
By Avery Fellow

(CN) – A man who forwarded an allegedly defamatory email about a Vietnam War veteran can’t be held liable for defamation, a California appeals court ruled.
“If [...]

Arab media showing positive gains

A recent study of the news media in 15 Arab countries shows in spite of economic downturn growth in audience and numbers of publications as well as signs of vigor and creativity. -db

Secrecy News
Federation of American Scientists
March 1, 2010
By Steven Aftergood

A study (pdf) of the news media in 15 Arab countries shows some new signs of [...]

Supreme Court decision on dogfight video may create new First Amendment exception

Free speech advocates are anticipating the Supreme Court decision on animal-cruelty videos that may place the videos with obscenity and child pornography as beyond the protection of the First Amendment. A First Amendment Center scholar argues against making a new unprotected category. -db

First Amendment Center
Opinion
February 26, 2010
By David L. Hudson Jr.
Will animal-cruelty videos face the same [...]

Online free speech: Damages a possibility in Universal Musics takedown of dancing baby

A federal judge ruled that a mother could get compensation from Universal Music for forcing YouTube to remove a 29-second video of her toddler son dancing to a Prince song. -db

The Recorder
March 1, 2010
By Zusha Elinson

Universal Music might have to pay for pulling video of a dancing baby off YouTube.
U.S. District Judge Jeremy Fogel ruled [...]

Obama should back up Google with more than rhetoric: The US should challenge China’s “firewall” before the WTO.

PETER SCHEER—The US government is not powerless to influence China’s policies for censoring the internet. As Google has taken extraordinary steps–bordering on corporate civil disobedience–to challenge China’s stranglehold on the flow of information to and among its people, the Obama administration has acted as though its hands were tied. In fact, however, the administration does [...]

Italian court deals setback to Google and internet freedom

Three Google executives were convicted of violating Italy’s privacy laws and responsible for posts by third parties, a blow to world internet freedom and particularly destructive to Italy’s participation in e-commerce. -db
The New York Times
February 25, 2010
By Rachel Donadio
ROME — Three Google executives were convicted of violating Italian privacy laws on Wednesday, the first [...]

British lawmakers urge laws curtailing libel tourism

A British parliament committee said it is time to change the country’s liberal libel laws to discourage citizens of other countries from bringing libel suits in British courts. The committee said changes are needed to eliminate the chilling effect of libel cases on free speech. -db

Telegraph.co.uk
February 24, 2010
By Gordon Rayner
Britain’s defamation laws must be urgently [...]

Scholastic free press: Parents object to student sex poll

A California institute is challenging the administration of Ventura High School for allowing students to complete the questions of a campus sex survey without parent permission. Reporters from the student newspaper had conducted the survey on campus but outside the classroom. -db
Ventura County Star
February 23, 2010
By Marjorie Hernandez
Pacific Justice Institute officials said Tuesday that [...]

Vague standards challenge Supreme Court in decisions on cases involving “material support” to terrorists

In deciding cases challenging the law forbidding support for terrorist organizations, the Supreme Court must consider that laws should provide clarity about which acts are illegal. -db

The New York Times
Commentary
February 23, 2010
By John Farmer Jr.
Notwithstanding the finger-pointing (and judicial head-shaking) since the Supreme Court’s decision last month on corporate speech, that ruling may not [...]

Federal judge scraps provisions of San Diego’s campaign-finance laws

In accordance with the U.S. Supreme Court’s recent decision in the Citizens United case, a federal judge struck down several provisions of San Diego’s campaign-finance law and particularly a ban on contributions from political parties and a $500 cap on donations to independent expenditure committees. -db
Courthouse News Service
February 23, 2010
By Annie Youderian
(CN) – A federal [...]

Supreme Court hears First Amendment case over right to talk with terrorist groups

The Supreme Court heard arguments over a challenge to laws fobidding “training,” “service” or “expert advice or assistance” to terrorist groups. A retired lawyer is seeking the right to provide support for the nonviolent activities of a Kurdish party and a Tamil group both classified as terrorist organizations. -db

The New York Times
February 23, 2010
By Adam Liptak [...]

Apple bans apps with adult content

Concerned about keeping the content of apps appropriate for the large number of children and teenagers using iPod Touch and expected to buy the new iPad due soon, Apple has responded to parents’ complaints and removed certain apps from its App Store. -db

The New York Times
February 23, 2010
By Jenna Wortham

Apple has started banning many applications [...]

YouTube removes work with artistic nudity claiming it fails to conform with community standards

The Electronic Frontier Foundation and the National Coailtion Against Censorship is asking YouTube to restore the work of renowned video artist Amy Greenfield to YouTube. YouTube removed her work with some nudity claiming it failed to satisfy YouTube Community Guidelines. -db

Electronic Frontier Foundation
Commentary
February 22, 2010
By Kurt Opsahl

Today EFF and the National Coalition Against Censorship [...]

San Francisco Bay Area: East Bay journalists dominate awards

The Society of Professional Journalists’ Northern California Chapter has announced the winners of its Annual James Madison Freedom of Information Awards. The winners include three journalists from the Bay Area News Group-East Bay. -db
Contra Costa Times
February 19, 2010
By Josh Richman

Three Bay Area News Group-East Bay journalists are among winners of the 25th Annual James Madison Freedom [...]

Huffington Post establishes college newspaper forum

College journalists will see their work on a national forum as The Huffington Post begins its college-focused section on its Web site on February 22. -db

Student Press Law Center
February 19, 2010
By Laura Dobler

NEW YORK, NY — On Monday, college journalists across the country will have a new opportunity for their work to be seen by [...]

California court throws out attorney’s case as SLAPP

The First District Court of Appeal has dismissed a San Francisco attorney’s suit saying the claims against an opposing lawyer of fraud and intentional infliction of emotional distress was in conflict with the lawyer’s protected free speech rights. -db
Metropolitan News-Enterprise
February 16, 2010
By a MetNews Staff Writer
The First District Court of Appeal has thrown out [...]

Federal judge refuses to dismiss defamation claim against Dallas radio host

A U.S. district judge refused to dismiss an airport security guard’s defamation suit filed after radio personality Rickey Smiley called him “gay” on his radio show. -db

Courthouse News Service
February 22, 2010
By Leigh Sanders

DALLAS (CN) – Comedian and radio host Rickey Smiley may have defamed an airport security guard by calling him gay on “The Rickey [...]

Student protests at speech of Israeli ambassador at California campus raise free speech issues

After eleven students at UC Irvine were arrested Feb. 8 for repeatedly interrupting a speech by the Israeli ambassador to the United States, debate centered on the question of whose free speech rights should prevail, those of the hecklers or that of the invited speaker. -db

Inside Higher Ed
February 17, 2010
By Scott Jaschik
Every few minutes [...]

Judge allows suit to go forward on student Facebook posting

A Florida student is suing her principal for suspending her after she posted a Facebook page calling her Advanced Placement teacher “the worst teacher I’ve ever met.” -db

The Reporters Committee for Freedom of the Press
February 17, 2010
By Amanda Becker
A federal magistrate said this week that a former Florida high school student who was suspended for [...]

Feisty Berkeley newspaper goes exclusively online

Citing among other things advertising woes, the bad economy and a campaign by pro-Israel “zealots”, the owner of the Berkeley Daily Planet announced it would shut down its print edition to become a Web-only publication. -db
The San Francisco Chronicle
February 12, 2010
By Matthai Kuruvila
The Berkeley Daily Planet, a weekly newspaper with an often-irascible and campaigning style [...]

Hurricane expert claims he was fired for criticizing Corps of Engineer’s work on New Orleans levees

A hurricane expert says he was fired by Lousiana State University because the university feared losing federal funding for the expert’s criticism of the Army Corps of Engineers mistakes that caused breaks during Hurricane Katrina in the levees protecting New Orleans. -db

Courthouse News Service
February 12, 2010
By Sabrina Canfield

BATON ROUGE (CN) – A hurricane expert claims [...]

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