Federal appeals court rules Albuquerque public library must allow sex offenders

The 10th Circuit Appellate Court upheld a lower court decision that Albuquerque’s ban on registered sex offenders in public libraries violates the First Amendment. The court ruled that the ban was too restrictive and did not allow alternative means for sex offenders to gain access to the library’s information and ideas. -db From the First [...]

A&A: Do trade publications have same speech protections as other journalists?

Q: My company owns a website and private news source for a trade Industry. We are having concerns about our First Amendment protections. The website and news company is a business operation of our parent company. I would like to inquire about whether our direct ownership of the site conflicts with any First Amendment or [...]

Justice Department report castigates Puerto Rico police for unlawful beating of peaceful protesters

A Justice Department report says Puerto Rican police have routinely cracked the heads of reporters and  people in nonviolent demonstrators, in serious violation of their First Amendment rights to peaceful protest. In protests by students and workers against higher university fees and government layoffs, police used pepper spray and choke holds along with batons to [...]

FBI tries to block book by whistleblower

A flounder of a national whistleblowers group has sued the FBI for preventing her from publishing a book though she claims the book contains no classified information. Sibel D. Edmonds had worked for the FBI after 9/11 as a contractor rather than an employee and said that many of her reports about misconduct of co-workers [...]

Test your 1st Amendment IQ for the 4th

Only six percent of Americans know what the First Amendment says, according to a survey by The First Amendment Center.  Of course, you’re not one of the clueless 94 percent, a fact that is easily proved by taking the 20-question First Amendment Test put together by the First Amendment Center and USA Today: Test your [...]

A&A: They claim they’ll limit billboards, but does the 1st Amendment allow such restrictions?

Q: A group of us have been fighting the city council majority and their campaign contributor/friend, the local Auto Mall, regarding a proposed electronic advertising billboard. The city allows no billboards currently, but our group  suspects the city’s new tack — to limit advertising content to auto dealers and brands only– is an attempt to [...]

ACLU finds schools censoring lesbian, gay, bisexual and transgender websites

The American Civil Liberties Union has discovered that schools in Michigan, Texas, Pennsylvania and Virginia are using filers to block students from lesbian, gay, bisexual and transgender websites. The ACLU has sent letters to the schools to unlock the sites. The press release outlines the rights of students and the reasons they should have access [...]

Murfreesboro mosque backers, foes to address commission

Opponents of the Islamic Center of Murfreesboro’s planned mosque on Veals Road won’t monopolize public comments at Thursday’s Rutherford County Commission meeting. The Tennessean September 15, 2010 By Scott Broden “This time a majority of speakers are going to be in support of our First Amendment rights,” said Thomas Moss, a Murfreesboro resident who is [...]

Judge tosses out privacy claim against Michael Moore over ‘Sicko’ segment

A federal magistrate judge in Tacoma has thrown out key claims in a lawsuit filed against controversial filmmaker Michael Moore and his Academy Award-nominated documentary “Sicko,” the first use of a state law that bars lawsuits targeting conduct associated with free speech and the First Amendment. Seattle Times September 6, 2010 By Mike Carter Related [...]

EEOC sues meatpacker over treatment of Muslims

Muslim Somali workers at two JBS Swift & Co. meatpacking plants in Colorado and Nebraska face ongoing harassment because of their race and religion, including being prevented from getting a drink at one of the plants after fasting all day during the Islamic holy month of Ramadan, the Equal Employment Opportunity Commission alleges. September 1, [...]

Judgment Vindicates Calif. Student Punished for Pro-Life T-Shirt

Tiffany Amador won a free speech case in Federal Court after officials barred her from wearing her American Life League pro-life T-shirt, featuring the word “ABORTION,” at McSwain Union Elementary School in Merced, California. Christian Newswire August 13, 2010 By Katie Walker kwalker@all.org WASHINGTON – American Life League celebrated a free speech victory after a federal [...]

N.Y. town board’s prayers OK with federal judge

A federal judge has ruled that a town board in upstate New York isn’t doing anything unconstitutional by opening its meetings with a brief prayer. August 9, 2010 By The Associated Press GREECE, N.Y. — The judge signed an order Aug. 5 tossing out a lawsuit filed by two residents of the town of Greece, [...]

School boards ask federal judges to block employee free speech

School boards are trying to reverse a federal court ruling banning administrators from controlling the free-speech rights of teachers and other school employees. California Watch July 30, 2010 By Corey G. Johnson According to a brief filed yesterday in 9th U.S. Circuit Court of Appeals, the National School Boards Association (NSBA) and the California School [...]

5th Circuit strikes down part of university’s free-speech policy

A federal appeals court said universities cannot require a security fee for speaking on campus without any guidelines for what security is needed. July 28, 2010 By AP NEW ORLEANS — The 5th U.S. Circuit Court of Appeals ruled yesterday that Southeastern Louisiana University’s free-speech policy is unconstitutionally vague on that point. Jeremy Sonnier challenged the [...]

Scholars: Westboro message at Marine’s funeral offensive, but protected

Why seven groups of scholars filed briefs with the U.S. Supreme Court supporting the Phelpses, not Albert Snyder. Daily Record/Sunday News By Jeff Frantz July 19, 2010 The writers of all seven amicus briefs filed this week with the U.S. Supreme Court in support of the Westboro Baptist Church noted two things: The protest by [...]

Judge rules against millionaire candidate running for governor in FL

A Federal judge threw out Rick Scott’s request for an injunction against Florida’s public campaign finance law. -SMD The Miami Herald July 15, 2010 By Mary Ellen Klas TALLAHASSEE — Saying there is a greater public interest in preventing corruption than protecting Rick Scott’s First Amendment rights, a federal judge threw out the insurgent Republican’s [...]

Tenth Circuit Appeals Court Upholds Church Autonomy Protected by First Amendment

The United States Court of Appeals for the Tenth Circuit filed a published decision which upholds the First Amendment protection of church autonomy from state legal interference in matters of faith and doctrine. The Examiner July 14, 2010 By Charlie Rosenberg In this case, Skrzypczak v. Roman Catholic Diocese of Tulsa, the specific controversy involved the [...]

First Amendment areas proposed for INTRUST Bank Arena [VIDEO]

Sedgwick County, Kansas, is setting up three permanent First Amendment areas for protesters to gather at will– SMD KWCH 12 Eyewitness News July 13, 2010 By Rebecca Gannon The next time you head to an event at Wichita’s INTRUST Bank Arena, watch where you walk. On Wednesday, Sedgwick County Officials will ask certain areas be protected [...]

Consequences of Exercising First Amendment Rights

A look at the unintended consequences of exercising 1st Amendment rights in America and the inherent guarantees of freedom of expression in a free society. – SMD Cape Cod Times: “First Amendment Consequences” Commentary/Opinion July 6, 2010 By Jim Coogan The First Amendment of the U.S. Constitution, with its guarantees of free speech and inherent [...]

Anti-SLAPP law used against citizens legislature intended to protect

The Redding Record Searchlight says that when Shasta County uses an anti-SLAPP law to sue a citizen seeking redress of grievance, it constitutes a regrettable development for a law intended to protect the right of citizens to speak out on controversial issues. -DB The Redding Record Searchlight Opinion October 5, 2009 Leave it to the lawyers. [...]

Glen Beck’s suit claiming unfair use of a trademarked name garners stiff response

Conservative commentator Glen Beck ferreted out the identity of an anonymous person behind a site that satirized Beck’s rhetorical style for the purpose of filing a suit against the man. The man, Isaac Eiland-Hall, claims that site poses no real threat to Beck’s livelihood but that Beck is filing the suit to shut down protected expression [...]

Law center supports student’s right to criticize school policies in off-campus blog

The Student Press Law Center filed a friend-of-the-court brief to support a Connecticut high school student who in a blog criticized her principal about the use of school facilities for a concert. -DB Student Press Law Center Press Release September 4, 2009 The Student Press Law Center (“SPLC”), the nation’s only nonprofit legal-assistance organization serving student journalists, [...]

Students punished for off-campus speech

A CMLP intern says that there is an epidemic of cases in which students are reprimanded for off-campus speech. A case in a Mississippi high school illustrates the way students can be denied their First Amendment rights. -DB Citizen Media Law Project Commentary July 28, 2009 By Lee Baker The Supreme Court once famously said that [...]

Judge rules sexual harassment policy violates free speech rights

A federal judge ruled that a Los Angeles City College student could express his views opposing gay marriage and proceed with his suit against the the college for financial damages and a ban on a sexual harassment code. -DB Los Angeles Times July 15, 2009 By Gale Holland Saying it violates students’ free speech rights, a [...]

A&A: Posting Links on Neighborhood Council Websites

Posting Links on Neighborhood Council Websites Q: My issue is in the stakeholder councils”, i.e. “neighborhood councils” (see www.freedomadvocates.org for background). I have attempted to post some informational links on the Neighborhood Council website to offer factual information about redevelopment, stakeholder councils along with the other links they have there, e.g. political party meetings, neighborhood [...]

A&A: Public Filming of TV Show

Public Filming of TV Show Q: There was a film crew in my city filming a popular TV show in a restaurant and sidewalk in front of the restaurant.  I took some pictures from the public sidewalk across the street.  None of my pictures were for anything but for my personal use–not commercial in any [...]

A&A: Posting in City Sponsored Spaces

Posting in City Sponsored Spaces Q: I would like to know if cities which maintain bulletin boards, kiosks and other posting places may regulate the content of what is posted and if there is any requirement that these tax supported facilities be available to all? Our city regulates the contents of posting but the only [...]

A&A: Recording at a Board and Care Facility without Permission

Recording at a Board and Care Facility without Permission Q: My mother lives in a board and care facility.  I have power of attorney.  She is mentally capable, but is diagnosed bi-polar and is experiencing beginning stages of dementia.  She has a private room.  The facility receives funds from CEI for my Mom’s B&C.- a [...]