First Amendment groups petition federal appeals court for favorable ruling on student online speech

Conflicting court rulings have prompted First Amendment groups to ask for clarification about  when students can be disciplined for off -campus online speech that is  not a part of school activities. -db
Student Press Law Center
Press Release
March 9, 2010
The Student Press Law Center, a national non-profit devoted to defending student journalists’ First Amendment rights, filed a [...]

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 criminal charges and convictions [...]

Leading gubernatorial candidates Meg Whitman and Jerry Brown need to show voters, by their own actions, that they are committed to transparency in government. Promises won’t cut it.

BY PETER SCHEER—As California voters begin the process of selecting the next  Governor of the ungovernable Golden State, the leading candidates owe them a demonstration of their commitment to government transparency.
All politicians are supportive of open-government “in principle;”  the question is whether they are committed in practice. The best test for that is a candidate’s [...]

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 [...]

Free speech: Supreme Court reaffirms ban on death row interviews

The Supreme Court will not hear the case of a death row inmate who claimed his First Amendment rights were violated by a federal policy that banned interviews with death row inmates. -db
The Reporters Committee for Freedom of the Press
March 8, 2010
By Curry Andrews
The U.S. Supreme Court on Monday said it would not hear the [...]

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 [...]

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. [...]

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 [...]

Health board claims secret meeting violated no laws

The Del Puerto Health Care District board met once secretly in 2008 but claims the meeting violated no California open govenment laws. -db

Patterson Irrigator
February 25, 2010
By Kendall Wright

A majority of the Del Puerto Health Care District met once secretly in 2008, but the head of the district claims the meeting violated no laws, an assertion [...]

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 [...]

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 [...]

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 [...]

Half Moon Bay officials plan private meeting to discuss safety issues of surfing contest

Half Moon Bay public safety agencies are meeting to air concerns about safety issues concerning the Mavericks Surf Contest but don’t want to open it to the public in the interests of encouraging an open and frank discussion. The editor of the Half Moon Bay Review argues that to close the meeting is not only [...]

Poll: 80% of Americans oppose SCOTUS campaign finance ruling

A new Washington Post-ABC News poll finds that nearly 80% of Republicans, Democrats, and Independents are  united in their opposition to the recent Supreme Court ruling that opens the door for corporations, labor unions, and other organizations to spend money directly from their general funds to influence campaigns.
Left and right united in opposition to controversial [...]

Democrats propose plan in response to Supreme Court ruling on campaign spending

To, in their words, close “the floodgates of big corporate money that would otherwise drown out the voices of American citizens,” Democrats in the Congress have proposed new restrictions on campaign spending through enacting a series of small steps starting with banning spending by foreign corporations. -db

The Fresno Bee
February 11, 2010
By William Douglas and David [...]

Special-ed teacher fired for objecting to paddling of autistic student

A federal district court ruled that because her speech was work-related, a special-ed teacher could be fired for opposing the paddling of one of her autustic students for disruptive behavior. -db
First Amendment Center
February 12, 2010
By David L. Hudson Jr.
A special-education teacher in Booneville, Miss., who complained about corporal punishment of an autistic student by [...]

Free speech: Patriot Act prevents civil rights lawyer from helping Kurdish group abandon terrorism

A civil rights lawyer is challenging a provision in the Patriot Act over his First Amendment rights to engage a Kurdish group he wants to advise about ways to resolve issues peacefully. The provision forbids him from engaing the group including offering “expert advice or assistance.” -db

The New York Times
February 11, 2010
By Adam Liptak
WASHINGTON, [...]

Stolen Valor Act challenged on First Amendment grounds

An attorney for a Denver man who lied that he earned a Purple Heart and Silver Star when serving in the  military in Iraq claims the lies are protected speech under the First Amendment. -db
The Denver Post
January 20. 2010
By Felisa Cardona
Rick Strandlof may have lied about being a decorated Iraq War veteran, but those [...]

California: San Jose State State University revises repressive speech code for dorm students

The San Jose State University administration altered the wording in their harassment policy to remove unconstitutional limits on the free speech of dormitory students. -db
FIRE
Foundation for Individual Rights in Education
Opinion
February 8, 2010
By Samantha Harris

There is good news today for students living in the residence halls at San Jose State University (SJSU). The housing department has [...]

Southern California: Workers want right to solicit work on street corner

Day laborers in Costa Mesa are contesting a city law that bans them from seeking employment on city streets. The laborers want “solicitation speech” included as protected speech under the First Amendment. -db
Courthouse News Service
February 8, 2010
By Elizabeth Banicki

SANTA ANA, Calif. (CN) – Day laborers say Costa Mesa enforces an unconstitutional ordinance that prohibits [...]

Florida high school student booted from honor society for Facebook page criticizing school

First Amendment experts say a high school student may have been wrongly kicked out of the honor society since his comments on Facebook criticizing the school would normally be considered protected speech. -db
The Tampa Tribune
February 3, 2010
By Ronnie Blair

WESLEY CHAPEL, Flor. – Two Florida experts in First Amendment law say a Wesley Chapel High student’s [...]

Supreme Court decision on Citizens United brings to forefront two views of First Amendment

The Supreme Court’s majority opinion written by Justice Kennedy and the dissent by Justice Stevens shows contrasting views of the First Amendment, one, that untrammeled free speech will eventually produce good results in a democracy, and, two, that free speech must sometimes be regulated to produce the free flow of ideas so essential to a [...]

Recent ruling shows Hazelwood limiting teacher speech

A January 22 ruling in federal district court in New York shows that Hazelwood can limit teacher’s speech as well as student’s. The court ruled that a teacher could not wear a political campaign button. -db

First Amendment Center
Commentary
January 30, 2010
By David L. Hudson Jr.
When First Amendment advocates hear the name Hazelwood School District v. [...]

Some say ‘Citizens United’ opinion may lead to ban on judicial elections

With a flood of money expected in judicial elections after the Supreme Court decision unleashing corporate money in political campaigns, some reformers are suggesting that the public will react adversely to that trend and abolish judicial elections. -db
The National Law Journal
February 01, 2010
By Tony Mauro

For years now, judicial reform groups have more or less resigned [...]

Rolling Stone Magazine wins ruling in dispute over use of image

A California appeals court dismissed a lawsuit by rock musicians against Rolling Stone over a use of their image that they said implied they sponsored a cigarette brand. The court found that the image was noncommercial speech protected by the First Amendment. -db
The Reporters Committee for Freedom of the Press
January 29, 2010
By Cristina Abello
A California [...]

ACLU sounds warning on role of fusion centers in domestic spying

The American Civil Liberties Union warns that the 70 fusion centers set up to collect and share information after 9/11 are operating with little oversight, even book-marking law-abiding citizens for using “threatening words” one of which is “protest.” -db

American Civil Liberties Union
Opinion
January 29, 2010
By Amanda Simon

For years now, the ACLU has been sounding the alarm [...]

Federal court rules that newspaper owner’s First Amendment rights trump employee’s job rights

The Ninth Circuit Court of Appeals ruled that a Santa Barbara News-Press did not have to rehire employees fired for union activity to pressure the owner and publisher from controlling the editorial content of the newspaper. -DB
Metropolitan News-Enterprise
January 27, 2010
By Steven M. Ellis
The Ninth U.S. Circuit Court of Appeals yesterday declined to force a Santa [...]

Nevada student newspaper in First Amendment dispute

A student journalist’s coverage of controversy over an honor choir program prompts an attempt by the teachers union to block publication of the campus newspaper. – dr
Las Vegas Review-Journal
January 28, 2010
By Kristi Jourdan
What began as an investigative article in a Northern Nevada high school newspaper has turned into a First Amendment issue for [...]

Nonprofit vies for right to fund political ads without limits

A federal appeals court will take up the suit of SpeechNow.org v. Federal Election Commission. The nonprofit SpeechNow.org is suing for the right to advocate for free speech and against free speech restriction in campaign reforms without having to set up a separate political action committee. -DB

Institute for Justice
Press Release
January 26, 2010
ARLINGTON, Va.—Last week, the [...]

Supreme Court to decide if petition-signers can remain anonymous

The United States has a long tradition of allowing anonymous speech in the political arena, but there are also serious concerns about transparency and accountability. The Supreme Court must decide whether Washington state officials can release names on a petition seeking a referendum on repealing the state’s domestic-partnership rights. -DB

First Amendment Center
Commentary
January 24, 2010
By Gene [...]

Justices say decision on campaign finance influenced by concerns for freedom for media

In making their recent decision to dismantle key provisions of the campaign finance law, Justice Anthony Kennedy writing the majority opinion, said that even though media are now exempt from restrictions on their expression, if the justices ruled to restrict the free speech of corporations, Congress could take that ruling and enact laws to restrict the media [...]

Government worker fired for expressing political views loses round in court

An analyst working for the Library of Congress lost a first round in court when the judge refused to issue an order restoring the man to his job. The judge said however that his case was well-founded and that he was likely to prevail. -DB

Politico
January 20, 2010
A Congressional Research Service analyst who was fired from [...]

Arizona: Federal district judge rules out public financing in elections to achieve equitable spending

Political candidates in Arizona will no longer be able to count on a government subsidy if they fall behind in campaign donations. A federal judge ruled that the system violated the free speech rights of privately funded candidates. -DB

First Amendment Center
January 20, 2010
By Paul Davenport

PHOENIX (AP) — Arizona’s system of providing extra campaign cash to publicly [...]

Supreme Court finds key part of campaign finance law unconstitutional

The U.S. Supreme Court ruled 5-4 that the McCain-Feingold finance law violated the free speech rights of corporations to spend as much as they wished to back or oppose political candidates. -DB
Courthouse News Service
January 21, 2010
WASHINGTON, D.C. – The Supreme Court today killed a central part of the McCain-Feingold campaign finance law and ruled that [...]

Obama administration begins roll back of ideological exclusion of international scholars

Secretary of State Hillary Clinton signed orders lifting the ban of two foreign scholars denied the opportunity to address audiences in the United States. The two are prominent scholars from England and South Africa and were denied visas to the U.S. by the Bush administration. -DB

American Civil Liberties Union
Press Release
January 20, 2010

WASHINGTON. D.C. – [...]

Internet raises stakes in cases pitting public disclosure against right to privacy

In Doe v. Reed, the U.S. Supreme Court will weigh the right to privacy under the First Amendment’s protection of freedom of speech and association against the need for open government and transparency in public elections. -DB
First Amendment Center
Commentary
January 19, 2010
By Tony Mauro
WASHINGTON, D.C. — The Supreme Court has agreed to review a case [...]

Domestic partnership law: Supreme Court takes case on privacy for petition signers

The Supreme Court agreed last week to consider whether the First Amendment guarantees the right of privacy to those signing ballot-initiative petitions. -DB

The New York Times
January 16, 2010
By Adam Liptak
WASHINGTON, D.C. — The Supreme Court on Friday agreed to decide whether the First Amendment requires that the names of people who sign ballot-initiative petitions be [...]

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