Whistleblower treated like traitor

When a Justice Department attorney advised that the American Taliban John Waker Lindh should not be interrogated without a attorney present, they proceeded with the interrogation then denied receiving the legal advice and destroyed all relevant evidence. The attorney Jesselyn Radack, was then forced out of her job, subjected to criminal investigation, reported to the [...]

New York Times editorial calls tobacco industry First Amendment appeal ‘bogus’

A New York Times’ editorial says a recent effort to required the tobacco industry to include graphic images on cigarette packs should be supported in federal court. The industry claims the images including one with smoke coming out of a tracheotomy hole constitute compelled speech in violation of the industry’s free speech rights. -db From [...]

Federal court: Massachusett town’s ban on billboard cigarette ads unconstitutional

Tobacco interests won a ruling in federal court that they have a constitutional right to run billboard ads advertising cigarettes in Worcester, Massachusetts. The town had passed an ordinance banning the ads. The ruling found that the city ordinance was not content neutral and thereby violated the First Amendment rights of the tobacco industry. -db [...]

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 [...]

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 [...]

California State East Bay lecturer loses job after blowing whistle on colleague

A lecturer at Cal State East Bay is suing the school after he was fired for informing his superiors that a colleague was using public money to buy equipment and services for personal use. -db From the San Francisco Chronicle,  April 1, 2012, by Nanette Asimov. 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 [...]

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 [...]

Newspaper publisher says Gannett journalists may be disciplined for signing governor recall petition

Kevin Carrado, the publisher of the Green Bay Press Gazette, reports that the 25 Gannett journalists who signed recall petitions for Wisconsin Governor Scott Walker violated Gannett’s principles of ethical conduct. To protect the impartiality, neutrality and objectivity of their coverage, Gannett is considering disciplinary measures against the journalists says Carrado.  -db From a commentary [...]

Federal appeals court rules for school in suspension over violent drawing

The U.S. 2nd Circuit Court of Appeals ruled that a school could suspend a 10-year-old boy for a drawing of a “wish” to blow up the school and  its teachers. The court said questions about how true the threat was were secondary to the importance of maintaining parents’ confidence in the school and the protection [...]

French president’s proposal threatens Internet freedom

French President Nicolas Sarkozy is proposing that anyone regularly visiting websites supporting terrorism or advocating hate or violence will be arrested. First Amendment Center President Ken Paulson notes that allowing despicable viewpoints is basic to American democracy and that the proposed French law on hate websites would not survive in U.S. federal courts. -db From [...]

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. [...]

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 [...]

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, [...]

Opinion: No valid defamation claim for Sandra Fluke against Rush Limbaugh

Even though he finds Rush Limbaugh despicable, Marc J. Randazza writing for the Citizens Media Law Project, argues that Sandra Fluke does not, for a number of reasons, have grounds for a defamation case after Limbaugh called her a “slut” and a “prostitute.” -db From a commentary for the Citizens Media Law Project, March 8, [...]

Opinion: Farrahkan’s visit draws attacks on free speech

Speech by Nation of Islam leader Louis Farrakhan at the University of California Berkeley provoked attacks on free speech at odds with the university’s free speech legacy, writes Jason Willick in The Daily Californian, the university’s student newspaper. Willick said if the university closed the doors to controversial speakers as some groups are advocating in [...]

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