Federal appeals court rejects lawsuit claiming police violated rights of protestors during 2008 Republican Convention

The 8th U.S. 8th Circuit Court of Appeals found that police had not violated protestors ‘ First And Fourth Amendments rights when they arrested 400 people at the 2008 Republican National Convention in St. Paul, Minnesota. The court cited widespread violence and vandalism in saying police were justified in conducting mass arrests to restore order. [...]

Supreme Court declines to rule on student free speech on Internet

Despite split rulings in two federal appellate courts, the U.S. Supreme Court will not hear arguments on whether school officials can regulate the off-campus speech of students on the Internet. Two of the three cases under consideration concerned parodies directed at principals while the third involved cruel words directed at another student. -db From the [...]

Protesters argue that Occupy tents are part of their free speech statement

Some legal experts are drawing an analogy between the Occupy tents and the burning flag in assessing the right of protesters, and some protesters see the tent as a symbol of hardships during tough economic times, a statement that should be protected by the First Amendment. -db From an analysis for the Citizens Media Law [...]

California: Transit district cell phone policy respects First Amendment

The Bay Area Rapid Transit District adopted a policy that supports First Amendment rights by limiting cell phone service shutdowns to public safety emergencies. The district came under fire in August for shutting down cell phone service to preempt perceived threats during protests in four underground stations. -db From a commentary for the First Amendment [...]

Free speech: Wisconsin protesters challenge no-sign rule in state buildings

Protesters of Wisconsin Governor Scott Walker’s anti-union stance claim that citations for bearing signs in state buildings are unconstitutional since the protesters did not obstruct pedestrians or pose a threat to property. Violators of the state rule against signs and banners could be fined up to $500. -db From the Courthouse News Service, November 14, [...]

Safety trumps speech at Morgan Hill high school

A Morgan Hill high school acted legally when it ordered students to conceal T-shirts bearing American flags on Cinco de Mayo, a federal judge ruled. Because Mexican American and Anglo students had previously wrangled about clothing on Cinco de Mayo, Live Oak High School officials reasonably anticipated campus disruption and safety problems, U.S. District Judge James [...]

Journalist arrested during mass arrests in ‘Occupy Oakland’ protest

A freelance cartoonist covering Occupy Oakland with a press pass was arrested and held 14 hours charged with failing to disperse and obstructing. -db From KGO-TV News, November 3, 2011, by Ama Daetz. Full story      

Newspaper reporter among those arrested during Occupy Nashville

A newspaper reporter and demonstrators in the Occupy Nashville protests are suing in federal court claiming violations of the First Amendment right after they were arrested at a public plaza near the state Capitol building. After the protests began on October 7, Nashville passed two laws to prevent groups from assembling at what is called [...]

Milwaukee newspaper photographer arrested covering rally supporting Occupy Wall Street

In attempting to clear a street, Milwaukee policemen arrested a Milwaukee Sentinel Journal photographer covering a march near a university campus in support of the Occupy Wall Street movement. The police claimed the photographer did not identify herself as a journalist. -db From the Milwaukee Journal Sentinel, November 2, 2011, by By Karen Herzog with contributions [...]

Pennsylvania Christians can continue protesting sex shops

A federal judge ruled that a Catholic fraternal organizaton could continue to picket  in front of a sex shop so long as they are not posing a danger to pedestrians or motorists. The sex shop owners had sued on a number of grounds one being that the protesters were interfering with their First Amendment rights. [...]

Louisiana student sues in federal court after suspended for criticizing teacher on Facebook

A Baton Rouge high school student sued school officials for suspending him and throwing him out of the honors club for criticizing a teacher on Facebook. The student made the comment from his home and removed it before school the next day. The boy’s parents contend that the comment was intended as a joke and [...]

ACLU to challenge ruling approving removal of ads critical of Israel

The American Civil Liberties Union is appealing a federal court decision approving the decision of Seattle officials for public safety reasons to pull ads critical of Israel’s military campaign in Gaza. Officials received many threatening messages before the ads were scheduled to run, but one proponent of the ad said there was no evidence of  [...]

Berkeley students sue over arrests at teach-in

Students jailed for their part in a teach-in to protest cuts and tuition hikes sued University of California officials for denying their right to assembly and free speech. The students claimed they were meeting in Wheeler Hall with administrative sanction when without warning they were handcuffed and arrested. -db From the Courthouse News Service, October [...]

Opinion: Tennessee high school principal tramples student’s free speech rights over gay rights T-shirt

When a student not gay himself tried to wear a T-shirt standing up for gay friends and advocating for a Gay-Straight Alliance at his school, the principal barged into his classroom to punish him in violation of the student’s free speech rights according to the American Civil Liberties Union. The student had defied the principal’s [...]

Chicago: Christian protesters arrested for stopping pedestrians in anti-gay protest lose case

Members of the Christian ministry, Volunteers for Repent America, arrested in 2006 for allegedly blocking pedestrians during their protests at the Seventh Annual Gay Games, lost their lawsuit in federal appeals court. The ministry claimed their free speech rights were violated, but the court ruled against them, holding that the Chicago police were concerned narrowly [...]

Radio reporter for conservative show sues for arrest during G-20 summit

A reporter for the conservative “The Alex Jones Show” filed a lawsuit in federal court in response to his arrest covering the 2009 G-20 summit in Pittsburgh. The reporter said he was arrested even though wearing his press credentials and carrying a professional video camera and detained for over 12 hours in cold weather wearing [...]

Free speech: Students guilty of disrupting speech at University of California Irvine

A jury in Irvine, California found 10 Muslim students guilty of disrupting a speech by the Israeli ambassador at UC Irvine. They were sentenced to three years probation and 56 hours of community service. One legal scholar said the students’ speech directed toward depriving another of First Amendment rights was not protected but felt the criminal [...]

Full federal appeals court rules ban on day laborers unconstitutional

The full panel of the federal 9th Circuit Court of Appeals ruled that a Redondo Beach ordinance aimed at clearing the streets of day laborers looking for work was too restrictive of free speech. The court wrote, “[The ordiance] is not narrowly tailored because [it] restricts significantly more speech than is necessary, and because the [...]

Federal judge rules school can’t punish students for posting provocative images of themselves

A federal district judge ruled that Indiana school authorities overreached in punishing two high school girls for posting provocative images of themselves online. The judge said the expression was intended to be humorous and was protected. He also found no disruption in the posting, “…no reasonable jury could conclude that the photos of T.V. and [...]

Cohen v. California cited as pillar in free speech law

Writing for the First Amendment Center, David L. Hudson Jr. says the U.S. Supreme Court’s 5-4 ruling in Cohen v. California strengthened free speech by limiting the fighting words doctrine, clarifying the difference between obscenity and profanity, making the case that offensive speech should be protected and warning that governments could ban language representing unpopular [...]

Minnesota: Supreme Court decision on Kansas funeral protesters helps animal rights demonstrators

Citing the recent U.S. Supreme Court decision in Synder v. Phelps on the free speech rights to protest at a funeral, a Minnesota state appeals court threw out the conviction of  two animal rights activists for disorderly conduct outside a fur store. The men had chanted loudly protesting the killing of animals. Noting that the [...]

California: Family sues Clovis school officials for slandering their son

After Jacob Fleener, on his own time and on his own computer,  logged onto a Facebook page with a parody of his principal, he was taken out of his high school English class to be interrogated by two district police services officers.  The school officials recommended transferring him to an alternative school and gave a [...]

College students trample free speech zones in celebrating death of Osama bin Laden

College students at Iowa State and Penn State fervently celebrated Osana bin Laden’s death on Sunday night, ignoring their school’s ban on spontaneous demonstrations. In each case, the police made no moves to halt the festivities. Writing for the Foundation for Individual Rights in Education, Adam Kissel questions the constitutionality of the colleges’ free speech [...]

Pennsylvania: Federal appeals court rules man removed from meeting not deprived of free speech rights

A federal appeals court ruled that authorities acted lawfully when they ejected an activist from a County Council meeting. The appeals court upheld a lower court decision that the man was removed to restore order, not to silence him. The majority opinion said, “…we cannot find evidence in the record to support a reasonable inference [...]

Michigan: Quran-burning pastor may sue for right to protest at Dearborn mosque

The Florida pastor who burned a Quran bringing on violent protests by Muslims in Afghanistan was briefly held by police and prohibited from holding a rally at a Dearborn mosque. Pastor Terry Jones says he plans to return next week to protest at City Hall on First Amendment grounds and  may file a lawsuit. The [...]

First amendment rights of Golden Gate protestors reaffirmed

Marin Independent Journal January 14, 2011 By Mark Prado A federal district judge ruled that the Golden Gate Bridge District’s restrictions on  protesters using the bridge violated their First Amendment rights. The district banned bullhorns, hand-held signs and protests after 2 p.m. on weekends. -db

Activist files $2.5 million claim against Novato for alleged free speech violations

An anti-illegal immigration activist sued the city of Novato claiming his arrest at a Sept. 14 council meeting violated his First Amendment rights. He was arrested after he made incendiary remarks to the council and refused to leave the podium or address the council directly. -db Marin Independent Journal December 9, 2010 By Rob Rogers [...]

Middle school student told he could keep American flag on bike

After telling a student he could not fly an American flag on his bike on the possibility that the flag could cause disruption at Denair Middle School, the school authorities relented and allowed the flag. -db FOX40 News November 12, 2010 By Elissa Harrington DENAIR, Calif. -13-year-old Cody Alicea rides with an American flag on the [...]

Free speech: ‘Sign man’ faces charges for obstruction

A Mountain View, California man known as ‘sign man’ claims that his right to free speech was violated when he was arrested for creating threats to public safety and obstructing traffic. -db San Francisco Chronicle November 7, 2010 By Kelsey Williams On any given day in Mountain View, a man called Wo’O Ideafarm can be [...]

Opinion: Cheerleader withholding cheers not disruptive

First Amendment commentator David Hudson says that in the case of the Texas cheerleader kicked off the team for not cheering for her alleged sexual attacker, it is clear that she was not disruptive in not cheering nor was there any legitimate educational goal achieved by removing her from the squad. -db First Amendment Center [...]

California Supreme Court rejects appeal of mall attempting to curtail speech

A Northern California shopping mall lost its bid to stop a pastor from addressing shoppers about topics other than shopping. The appellate decision held that the state constitution protected “peaceful, consensual, spontaneous conversations between strangers.” -db San Francisco Chronicle October 21, 2010 By Bob Egelko The state Supreme Court rejected a shopping mall’s challenge Wednesday [...]

Florida school board considers restricting teachers’ online speech

The Manatee County School Board in Florida is debating a policy that prohibits teachers from posting comments on sites such as Facebook or Twitter that would put the district, students and teachers in a “negative, scandalous or embarrassing light.” -db Student Press Law Center September 28, 2010 By Chelsea Keenan FLORIDA — The Manatee County [...]

Man with impeach Obama sign arrested at Alaska State Fair

Police arrested at man at the Alaska State Fair carrying a sign calling for the impeachment of President Barack Obama. The fair allows political messages if citizens rent a booth and follow vendor guidelines but forbid political activities in common areas. -db Anchorage Daily News August 28, 2010 By Kyle Hopkins Ten minutes of mayhem [...]

Fired for Facebook protest, worker sues for sexual harassment

A medical technician is seeking damages for civil rights violations, sexual harassment, and assault and battery after her supervisor allegedly harassed and assaulted her. She was fired shortly after a Facebook posting saying her boss need to “keep his creepy hands off” her. -db Courthouse News Service June 1, 2010 By Joe Harris TOPEKA, Kan. [...]

Free speech: California man to get rehearing on his right to give Nazi salute to mayor

The majority of the 26 active judges of  the Ninth U.S. Circuit Court of Appeals voted to rehear the case of homeless-rights advocate who sued the city of Santa Cruz after he was thrown out of a city council meeting for making a Nazi salute to the mayor. -db San Francisco Chronicle March 13, 2010 By [...]

State courts find teen-agers’ ‘fighting words’ unprotected

Teen-agers are finding that courts are unsympathetic to their use of “fighting words”, viewing the language as disorderly conduct and affirming lower court decisions in finding the teen-agers delinquent. -db First Amendment Center Commentary March 11, 2010 By David L. Hudson Jr. Recent court decisions in Arizona and North Dakota demonstrate that kids can face [...]

Federal judge says school’s anti-gang policy raises First Amendment issues

After a high school student’s free speech arguments were rejected by a federal district judge, a federal appeals judge said that he could bring First Amendment claims against his school for punishing him for allegedly asking a question to another student about a gang. The student denies asking the question. -DB First Amendment Center November 18, [...]

Federal judge allows students’ empty-holster protest on Texas community college campus 2

A federal district judge ruled that two students could wear empty holsters at Tarrant County College Northeast  to protest school policy against concealed handguns on campus. The students could protest on public streets, sidewalks and common areas but not in classrooms or hallways. Another hearing is scheduled for November 16. -DB Courthouse News Service November [...]

Professors may face criminal charges for role in protest over budget cuts at Southern California community college

10News November 5, 2009 Southwestern College officials are investigation the actions of four professors currently on paid leave after a campus protest over budget cuts.The officials are concerned that the professors incited students to leave the free speech area and disregarded police instructions. -DB

No First Amendment defense in suit over man’s ejection from public meeting for making a Nazi salute

A federal court of appeals ruled that the City of Santa Cruz could eject a man from a city council meeting for a Nazi salute since the salute contributed to disrupting the meeting. The man’s attorney argued that the salute could not have been disruptive since no one noticed it. -DB Metropolitan News-Enterprise November 4, 2009 [...]

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