Free speech: Nebraska high school students lose lawsuit over memorial apparel and accessories

After lengthy deliberations a Nebraska jury ruled that the Millard County School District had legitimate safety concerns in suspending two students for wearing bracelets and T-shirts commemorating a friend shot in gang-related incident. -db From the Student Press Law Center, April 13, 2012, by Emily Summars. Full story  

Federal appeals court rules anti-Bush protesters can proceed with lawsuit

The Ninth U.S. Circuit Court of Appeals ruled that anti-Bush protesters could proceed with the lawsuit alleging that their First Amendment rights were violated when the Secret Service moved them two blocks from then-President George W. Bush when he was making a campaign stop in Oregon in 2004. The protesters that included some from the [...]

Protesting priests and nun get no mercy from federal appeals court in trial over protests

The Ninth U.S. Court of Appeals ruled that the 1907 Hague Convention did not overrule federal laws forbidding trespassing on government property. The court upheld the convictions of two Catholic priests and an 80-year-old nun who broke into a Seattle naval base to protest the presence of subs carrying nuclear missiles. -db From the Courthouse [...]

Federal appeals court okays political ads on public television and radio stations

The Ninth U.S. Circuit Court of Appeals ruled that federal law prohibiting political ads on public stations violated the First Amendment. The court upheld part of the law banning ads for commercial products out of concern that stations would change their programming to appeal to a broader audience but said that running political ads would [...]

Military judge dodges issue of media access to prison treatment of key terrorist

A military judge delayed ruling on whether the press could have access to testimony about the prison treatment of Abd al-Rahim al-Nashiri charged with leading the USS Cole bombing in 2000 which killed 17. The CIA admitted waterboarding al-Nashiri and threatening him with a handgun and power drill. -db From the Reporters Committee for Freedom [...]

Former CIA officer indicted for leaking classified information about Guantanamo interrogations

A former CIA agent has been charged with violating the Espionage Act by leaking classified information on the Guantanamo interrogations to reporters. Ex-CIA agent John Kiriakou worked for the CIA from 1990 to 2004 and is among six government employees charged in recent years with violating the Espionage Act by talking to the media. -db [...]

High school student takes fight to wear Jesus T-shirt to federal court

A high school student and his mother are suing their school district in federal court for forcing him to take off a T-shirt that read “Jesus Is not a Homphobe.” The school said the shirt was disruptive and violated separation of church and state. The student wore the shirt to raise awareness of the bullying [...]

Marine critical of Obama on Facebook challenges armed forces on First Amendment grounds

Backed by his congressman, a Tea Party Marine is contesting his dismissal from the military for criticizing President Barack Obama on the Armed Forces Tea Party web page, contending that the postings were private speech and protected under the First Amendment. “A Marine doesn’t give up his First Amendment right to free speech by being [...]

Opinion: Arizona law criminalizing offensive language online poses threat to First Amendment

An Arizona law that awaits the Governor’s signature makes it a crime to use “any electronic or digital device” and “any obscene, lewd or profane language” “with intent to … offend.” In extending the prohibition from telephones with normally one recipient to the Internet with a wide audience, the law is a threat to free [...]

First Amendment: Federal appeals court reject prisoner’s plea for drug rehab instruction in Spanish

An inmate who claimed Miami prison officials denied his free speech rights by not offering a residential drug-abuse program for Spanish-speakers lost his case in federal appeals court. “The decision shows that prison officials do not necessarily violate the Constitution when they make an unwise or debatable policy choice, such as ending a program that [...]

Federal judge rules nursing student waived free speech rights in violating confidentiality pledge

A former University of Louisville nursing student disciplined for writing about patients on My Space cannot collect damages for violation of her First Amendment rights, a federal judge ruled. The judge noted the student waived her free speech rights when she agreed not to post information about patients on the Internet that could be read [...]

Federal judge rules against Massachusetts town’s ban of tobacco ad signs

Observing a U.S. Supreme Court ruling that truthful advertising of products is protected under the First Amendment, a federal district ruled that Worcester, Massachusetts could not ban outdoor tobacco ads or in-store ads visible from the street. The judge wrote that Worcester “has no legitimate interest in prohibiting non-misleading advertising to adults to prevent them [...]

Opinion: Obama’s performance flawed on First Amendment issues

While pledging to become the most transparent government in history, the Obama administration has fallen far short of that lofty promise. They made some strides in releasing some files and documents  such as the torture memos but have been secretive about domestic spying. They have also been criticized for prosecuting whistleblowers under the Espionage Act [...]

Attorney rating service wins libel case

Avvo, a Seattle-based site that rates attorneys, won a dismissal of a lawsuit brought by a Florida lawyer claiming a rating on the site was defamatory and false advertising and misrepresentation. “We couldn’t have asked for a better outcome. Not only did we defend our right to free speech, but as one of the first [...]

U.S. anti-terrorism law challenged in court for damaging world free speech

Reporters and political activists are suing in a U.S court contending that a U.S. anti-terrorism law, the NDAA, extends the definition of “supporter of terrorism” to include peaceful citizens working as activists, academic researchers, and journalists. -db From The Guardian, March 29, 2012, by Paul Harris. Full story

First Amendment: Pie-throwing not seen as protected expression

A Minnesota activist who threw a protest pie in the face of a state senator found that the act was not protected under the First Amendment and that he had to serve a 60-day jail sentence. -db From a commentary for the First Amendment Center, April 1, 2012, by David L. Hudson Jr. Full story [...]

Joe the Plumber loses claim of First Amendment retaliation

Now running for Congress as a Republican, Joe the Plumber had earlier filed a lawsuit, claiming that in 2008 he was targeted for retaliation for criticizing Democratic presidential candidate Barack Obama’s tax plan. After the incident he claimed that Ohio officials had done research on him in the Department of Job and Family Services databases. [...]

Michigan militiamen: Gun charge sticks, conspiracy thrown out

A Michigan man and his son pled guilty to possessing a machine gun in a federal government criminal case. The government alleged the men and others were plotting to overthrow the government and kill police officers. The government said the men had stockpiled weapons and were building bombs, but the defense said the men engaged [...]

Obesity fight: Junk food purveyors using First Amendment to fend off federal government

The First Amendment is being harnessed to protect the right of corporations to sell junk food to children, writes Mark Bitman in The New York Times. In light of the fact that 17 percent of children in the U.S. are obese, the federal government has been trying to get the food industry to stop promoting [...]

Federal judge orders ‘investigative blogger’ to pay $2.5 million in defamation case

An Oregon blogger was ordered to pay Obsidian Finance Group $2.5 million for accusing the company of tax fraud on the website ObsidianFinanceSucks.com. The judge rejected claims that the founders of Obsidian were public figures. The Electric Frontier Foundation had filed a brief for the blogger arguing that a previous jury verdict was a threat [...]

Chicago mayor pledges not to handcuff working reporters

Chicago Mayor Rahn Emanuel said he will not allow police to handcuff reporters during the May 21-22 NATO summit in Chicago. The mayor’s pledge came after the Chicago police handcuffed a TV reporter and a cameraman outside a hospital this month. The journalists were trying to cover the murder of a six-year-old girl, shot while [...]

Philadelphia arrest student photojournalist for photographing officers making traffic stop

In the latest incident of police arresting citizens taking photos of them in the course of their duties, Philadelphia police arrested a Temple University student. The police were making a routine traffic stop outside his home. The department established guidelines on the issue last September that ordered them to expect photos, videotaping and  audio recording [...]

U.S. Supreme Court lets stand dismissal of $10.1 million against Tampa Bay Times

The U.S. Supreme Court decided a libel case in favor of the Tampa Bay Times. A doctor sued over a series of 2003 articles about his demotion from chief of medicine at a medical center to a cardiology specialty. A jury decided for the doctor, but the trial judge threw out the verdict and the [...]

Missouri flag desecration law fails constitutional test

A federal judge ruled that the Missouri flag desecration law violates the First Amendment. The ruling came in the case of a man who cut up an American flag and throw it into the street. The judge said the law was unconstitutional on its face and could not be enforced. -db From the St. Louis [...]

Federal judge fails to rock with student rap song targeting two coaches

A federal district judge in Mississippi ruled that a rap on Facebook and YouTube threatened and harassed school coaches and was not protected by the First Amendment. The court said under the Supreme Court decision Tinker v. DesMoines, the rap song caused a substantial disruption of the school, and it would be reasonable to forecast [...]

Former policeman arrested for defaming chief wins right to pursue lawsuit

A U.S. district court ruled a former policeman can continue a civil lawsuit against a Louisiana police chief for violating his First Amendment rights. The policeman was arrested for criminal defamation for sending an e-mail to a local newspaper criticizing them for not reporting the chief’s alleged involvement in another officer’s DUI arrest. -db From [...]

Supreme Court hears free speech case on Secret Service arrest of protester

The U.S. Supreme Court seemed to side with the Secret Service in a hearing of a free speech lawsuit contesting the arrest of a man protesting the Bush administration’s war policies to Vice President Dick Cheney at a Colorado shopping mall. -db From The New York Times, March 22, 2012, by Adam Liptak. Full story

Student body president claims he was dismissed for attempts to allow right to same-sex couple

A student body present of a Georgia high school claims the school administration sacked him for asking the student council to change “Prom King and Queen” to “Prom Court” to allow the possibility of the election of a same-sex couple. The student is suing the school for violating his free speech rights and for prior [...]

Marine may be dismissed over criticism of Obama

A move is underway to dismiss  or demote a Marine sergeant for criticizing President Barack Obama on the Armed Forces Tea party website page. The Uniform Code of Military Justice forbids military personnel from making political statements. -db From the Los Angeles Times, March 22, 2012, by Tony Perry. Full story      

Commentator argues online rap critical of high school coach protected speech

A high school senior’s online rap critical of a high school coach should be protected under the First Amendment, argues Eric Goldman in the Technology & Marketing Law Blog. Goldman makes the case that there was no credible disruption or threat in the senior’s rap. From a commentary in the Technology & Marketing Law Blog, [...]

Texas cities attacking open meeting law on free speech grounds

Texas cities are pursuing their lawsuit in federal appeals court to contest criminal penalties for open meetings violations. They claim criminal penalties for taking part in an illegal closed meeting violate their First Amendment rights. Defenders of the Texas Open Meetings Act contend that law is needed to prevent secret decisions on the people’s business. [...]

Hip-hop artist counters Lindsay Lohan lawsuit with First Amendment

The hip-hop artist Pitbull is asking a New York federal judge to dismiss Lindsay Lohan’s suit over his mention of her name in a rap song. Lohan claims her publicity rights were infringed. Pitbull says his song is protected by the First Amendment and cites a number of musicians who have mentioned celebrities in their [...]

Federal appeals court deals tobacco a setback on graphic cigarette warnings

The Sixth Circuit U.S. Court of Appeals ruled that the government could require the tobacco industry to put graphic warnings on cigarette packs reversing a lower court finding. The appeals court found that the graphic images presented facts that had been verified through scientific studies. -db From the Jurist, March 20, 2012, by Julia Zebley. [...]

Chicago police handcuff two journalists covering shooting death of six-year-old girl

Saying “Your First Amendment rights can be terminated if you’re creating a scene or whatever,” Chicago police arrested an NBC photographer trying to cover the fatal shooting of a six-year-old girl. -db From the First Amendment Center, March 20, 2012. Full story  

California judge refuses to dismiss criminal charge against photojournalist covering Occupy demonstration

A photojournalist must go to trial for a felony conspiracy and two trespassing charges incurred while covering the “Occupy Santa Cruz” demonstration. The photojournalist was with a group of protesters occupying a vacant bank building and posted a call for support on the web site for the San Francisco Bay Area Independent Media Center. -db [...]

Federal judge rules Utah’s panhandling law violates First Amendment

Rejecting arguments that the law banning panhandling on streets was a threat to pubic safety on busy streets, a federal district judge threw out the law on constitutional grounds. The judge found the law over broad in that under the law children could be prevented from selling lemonade. -db From the Deseret News, March 15 [...]

California: Sonora area school board alleged to violate state open meeting law

The Columbia Elementary School District Board is subverting the public’s right to participate in board meetings by announcing the public will not longer be allowed to address the sex scandal involving the superintendent’s son, writes Craig Cassidy in a commentary in The Union Democrat. Hired as an after-school aide in 2010, the son had allegedly [...]

Federal judge orders university to reinstate fomer media adviser fired over content in student newspaper

A U.S. district court judge ruled that the Chicago State University improperly dismissed Gerian Steven Moore,the adviser of the campus newspaper, after a series of articles criticizing the university. The court ordered the reinstatement of the adviser and the negative employment record deleted. Moore said, “I think it was a victory for student press rights. [...]

PayPal curtails censorship after complaints from free speech advocates

PayPal said it would began accepting transactions involving books containing descriptions of rape, incest and bestiality. Free speech organizations had earlier protested that under PayPal policy classics such as Sophocles’ Oedipus and Ovid’s Metamorphoses would be censored. PayPal said it would still censor e-books that violated U.S. obscenity laws. -db From the Courthouse News Service, [...]

First Amendment: Illinois inmate loses access to medical books about drugs

A federal appeals court denied an Illinois inmate access to two medical books about drugs. The prison authorities said the books could compromise security. The inmate sued on First Amendment grounds saying that he needed the books to find out about the drugs he had been prescribed for a chronic medical condition. -db From a [...]

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