Student Press Law Center protests banning of Arizona school books

Together with other free speech groups, the Student Press Law Center is opposing the removal of ethnic history books from the Tucson, Arizona schools. The school district banned the books under a state law that prohibits courses of study that are “designed primarily for pupils of a particular ethnic group.” “The Supreme Court has told [...]

Michigan ACLU sues over Ann Arbor ad ban

The American Civil Liberties Union  of Michigan filed a lawsuit protesting the Ann Arbor Transportation Authority’s ban on a bus ad advocating the boycott of Israel for its Palestinian policy. The Authority rejected the attempts of an Ann Arbor man to buy an ad, “Boycott Israel, Boycott Apartheid” along side a picture of a spider [...]

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 [...]

Smackdown protected by First Amendment?

A New York law prohibiting the promotion of Ultimate Fighting, or mixed martial arts, may run afoul of the First Amendment says Dahlia Lithwick in Slate. The object of the ban seems to be pubic performances rather than its practice in gyms or watching it on television thus the contention that the ban is a [...]

Arizona court rules tattoos protected by First Amendment

An Arizona appeals court ruled that tattooing was a form of pure speech and as such were protected by the First Amendment. The ruling came in a case in which the City of Mesa denied a license to a tattoo parlor. The parlor owners sued the city for violating their free expression rights under state [...]

Federal judge rules Las Vegas street performers can sue for free speech rights

A federal district judge sided with Las Vegas street performers, ruling that they could pursue their claim that the Metro Police and the Venetian had violated their free speech rights. The performers claimed that the sheriff had not adequately trained his officers on free speech issues over the use of the sidewalks outside casinos. -db [...]

‘Overbroad doctrine’ upheld in Washington state ruling on car horns

The Washington Supreme Court struck down a county noise ordinance forbidding honking car horns for purposes other than public safety. The Court ruled that the ordiance was overbroad in limiting legitimate expression. The decision came in a case in which a woman was arrested for honking her horn in front of a house of a [...]

Opinion: United Kingdom enacting plan to put voluntary filters on porn, gambling

The Electronic Freedom Foundation criticizes a plan concocted by the Conservative government and the Christian group, Mothers’ Union to provide filters to customers who want to block sites offering pornography, gambling, information about self-harm, etc. Eva Galerin and Jillian C. York say that the plan’s flaws include the vagueness of the blocked categories, the unknown [...]

U.S. Supreme Court: Woman wins right to sue over removal of hijab in holding cell

A woman from Orange County, California won a ruling from the U.S. Supreme Court allowing her to sue prison authorities for forcing her to remove her hijab in public, contrary to religious law. Lower courts had ruled that the holding cell where the woman was held was a special zone not subject to laws allowing [...]

Federal appeals court rejects First Amendment challenge to law prohibiting fraudulent wearing of military decorations

The Ninth U.S. Circuit Court of Appeals upheld a federal law prohibiting the unauthorized wearing of military decorations in ruling that a Nevada man had violated the law in knowingly wearing a Purple Heart he was not entitled to. The man contended in his appeal that the law prohibiting wearing of unauthorized military decorations was [...]

Georgia mayor censors ‘Rocky Horror Show’

The mayor of Carrollton, Georgia banned the Rocky Horror Show from the city’s theater center. The local theater group who wanted to stage the musical has decided not to challenge the ban. The Rocky Horror Show centers on a cross-dressing scientist and his Transylvania friends but has not been considered obscene, the only legal grounds [...]

Opinion: Kentucky city’s flag ordinance deemed constitutional

The new Lexington, Virginia ordinance on flags means no Confederate flags may be flown since only current government flags qualify for display, a policy that Ken Paulson of the First Amendment Center thinks is neutral and constitutionally sound. Others point out that the city may be sorry since the ordinance would prevent them from flying [...]

Privacy: Fox wins case after woman sued over ‘Cops’ episode

A woman lost her bid to show Fox Broadcasting Co. violated her privacy when the company unbeknownst to her recorded and broadcast her dealings with police during a traffic stop. A federal court of appeals denied the woman’s allegation that the Fox violated her seclusion because she failed to prove that a public street is [...]

U.S. Supreme Court denies review for cheerleader who refused to cheer for assailant

The ex-Texas high school cheerleader, dismissed from the cheerleader squad for refusing to cheer for the basketball player who she said raped her, lost her bid for a U.S. Supreme Court hearing. A federal appeals court had ruled she was rooting for the school, not for herself, so could not remain silent while on the [...]

Free speech: Marin County restores nude painting to art show

After removing a nude painting from an art show because an employee said it created “a hostile work environment”, Marin County officials restored the painting saying that the artist’s rights to free expression prevailed over the employee’s rights in the workplace. National First amendment organizations had told the county that it had violated the First [...]

California: Prison legal news publication sues to end censorship

Prison Legal News (PLN) has sued Sacramento County in federal court alleging that the county sheriff and other officials blocked distribution of its publication to inmates violating their First Amendment rights. PNL lawyer Sanford Jay Rosen said, “Jail officials do not have the right to censor books and magazines simply because they dislike the publisher. [...]

First Amendment: Michigan brewery sues liquor commission for banning ‘Raging Bitch’ beer

The Flying Dog Brewery has challenged the Michigan Liquor Control Commission for banning their best-selling beer, Raging Bitch. The commission objected to the beer’s label. Flying Dog CEO Jim Caruso said there was a larger principle at stake, “It’s about regulators gradually morphing into self-appointed thought police. We believe not only in freedom of speech [...]

Chicago jury dismisses emotional injury suit against teacher for ‘Brokeback Mountain’ screening

After a teacher showed a class of seventh and eighth graders a segment of the movie “Brokeback Mountain” that included gay sex scenes, a student sued the teacher and Chicago Board of Education for inflicting emotional distress. After a three-day trial, the jury found that the film’s showing did not meet the “outrageousnes” standard for [...]

New governors falter in upholding First Amendment

The executive director of the First Amendment Center says that too many new governors under oath to uphold the U.S. Constitution are hesitant about including the press in official events and granting public records requests in the process violating the First Amendment. -db First Amendment Center Commentary January 23, 2011 By Gene Policinski What’s in [...]

Censorship: Showing of documentary about teen-age pregnancy cancelled then rescheduled

After pulling a documentary on teen-age pregnancy, the Lark Theater board of Larkspur, California apologized to the  filmmaker and rescheduled the film for two screenings in December. -db Marin Independent Journal November 15, 2010 By Jessica Bernstein-Wax The Lark Theater has apologized to a 24-year-old filmmaker and scheduled her documentary on teen pregnancy and the [...]

Judge rules Connecticut voters can don wrestling garb to vote

In a resounding blow for free expression, a federal judge has ruled that voters may wear the garb of their favorite wrestler as they go to the polls to vote for Republican Senate candidate Linda McMahon whose husband is the CEO of World Wrestling Entertainment. -db The Christian Science Monitor Commentary October 27, 2010 By [...]

New government efforts to create ‘back doors’ said to threaten Internet freedom

Electronic Frontier Foundation’s senior technologist writes that government-mandated ‘back doors’ could seriously compromise the privacy of Internet users. -db Electronic Frontier Foundation Commentary September 27, 2010 By Seth Schoen The New York Times reported this morning on a Federal government plan to put government-mandated back doors in all communications systems, including all encryption software. The [...]

Hallmark settles with Paris Hilton over uncompensated use of her image

Paris Hilton settled a lawsuit with Hallmark over Hallmark’s use of her image and a trademarked catchphrase, “That’s hot,” in a greeting card. First Amendment advocates said the settlement had dire implications for free expression. -db The Kansas City Star September 27, 2010 By Diane Stafford She may be famous for being famous, but she [...]

First Amendment: N.H. inmate loses facial-hair challenge

A federal judge has ruled that inmates have no First Amendment right to grow a beard, rejecting the claim of an Orthodox Jew who claimed prison policy banning facial hair longer than a quarter-inch violated his constitutional rights. September 1, 2010 By The Associated Press CONCORD, N.H. —U.S. District Chief Judge Steven McAuliffe ruled against [...]

Free expression: Students protest new dance contract at California high school

Students at Placer High School used a seminar on free speech and Socratic communication to protest the school’s new policy which forbids dirty dancing at school dances. -db Auburn Journal April 13, 2010 By Melody Stone Placer High School students want the freedom to dance as they choose. They used a seminar on free speech [...]

Jefferson center announces dubious awards for stifling free expression

The Thomas Jefferson Center has made its 19th annual “Jefferson Muzzle” awards for those who demonstrated notable disregard for First Amendment last year. For the detailed list of the winners, go to Jefferson Muzzles. -db First Amendment Center Commentary April 13, 2010 By David L. Hudson Jr. An unusually diverse group of winners headlined the 19th [...]

ACLU reminds students of legal rights during gay rights observance day

The American Civil Liberties Union says that students should be able to reasonably participate in the April 16 Day of Silence, a day to protest the bullying and name-calling of gay and lesbian students in the schools. -db American Civil Liberties Union Commentary April 12, 2010 By Chris Hampton Two things I’ve learned over the [...]

Federal court blocks District Attorney from prosecuting girls for appearing in racy photos on cellphones

Without resolving all the First Amendment issues in the case over whether girls could be punished for “sexting”, a federal appeals court blocked the District Attorney from initiating criminal charges and requiring the girls to participate in an education program and to write an essay about why their sexting was wrong. -db The New York [...]

Call for private industry to join U.S. government to promote Internet Freedom

EFF International Outreach Coordinator Danny O’Brien says Hillary Clinton’s speech on Internet Freedom was encouraging but that both governments and global companies have to redouble their efforts to establish world-wide standards for privacy and free expression. -DB Electronic Frontier Foundation Commentary January 25, 2010 By Danny O-Brien Secretary Clinton’s speech last week on Internet Freedom [...]

Forty-year-old Supreme Court decision should still support free expression in schools

A First Amendment Center scholar says that the Supreme Court decision in Tinker v. Des Moines is still being ignored by public school administrators as they attempt to limit student speech and expression even though it does not cause disruption. -DB First Amendment Center Opinion November 23,2009 By David L. Hudson Jr. Forty years ago, the [...]

Indiana high School students sue after school imposed penalties for posting racy photos on internet

Two sophomores from an Indiana high school were barred from afterschool sports for the 2009-2010 school year when the administration objected to sexually provocative images of themselves the girls posted on MySpace. The American Civil Liberties Union is filing a suit against the school, arguing that the posting was not disruptive and therefore violated the [...]

Federal court bars display of Confederate flag in Texas high school

A federal circuit court held that a Texas high school could ban clothing displaying the Confederate flag given a history of racial violence and discord in the school, over 50  incidents since 2002. -DB Courthouse News Service October 14, 2009 By Annie Youderian (CN) – Citing a history of racial tension, the 5th Circuit upheld [...]

Federal judge rules Los Angeles billboard ban constitutional

Efforts by billboard companies to overturn Los Angeles laws restricting outdoor advertising suffered another setback when a federal judge found no merit in the legal arguments of Liberty Media Company. -DB The Argonaut October 1, 2009 By Gary Walker A federal judge refused to overturn a sweeping prohibition on outdoor advertising throughout Los Angeles on [...]