Safety trumps speech at Morgan Hill high school

A Morgan Hill high school acted legally when it ordered students to conceal T-shirts bearing American flags on Cinco de Mayo, a federal judge ruled. Because Mexican American and Anglo students had previously wrangled about clothing on Cinco de Mayo, Live Oak High School officials reasonably anticipated campus disruption and safety problems, U.S. District Judge James [...]

First Amendment victory in federal appeals decision on filming police at work

Police in Massachusetts use the state’s wiretapping law to arrest citizens recording video of arrests and other law enforcement activities. But the First Circuit U.S. Court of Appeals ruled last week that since the recording of an arrest was not done secretly, the wiretapping law did not apply. The court upheld the citizen’s First Amendment [...]

First Amendment: Idaho charter school loses appeal over use of religious texts

The 9th Circuit Court of Appeals ruled that an Idaho charter school did not have a First Amendment right to include primary religious texts, including the Bible, as part of the school’s curriculum. The ruling relied on a 1963 U.S. Supreme Court finding that banned ceremonial school Bible readings. The Supreme Court did say that [...]

Twitter refuses to close London rioters’ accounts to protect ‘freedom of expression’

Twitter is refusing to shut down rioters’ accounts amid reports that the British government going online to identify those inciting violence and disorder in London. A Twitter spokesperson said, “Some tweets may facilitate positive change in a repressed country, some make us laugh, some make us think, some downright anger a vast majority of users. [...]

Sarah Palin sued in federal court by man claiming she tried to silence his criticism

Theodore Thoma sued former Alaskan Governor Sarah Palin on the grounds that when she was governor she used state resources to silence him for complaining about excessive traffic near the Governor’s Mansion. The man said he also offered suggestions about how to improve the traffic situation. The complaint states that Palin, “in conspiracy with others, [...]

Judge halts attempt to stop movie critical of Mexican courts

In a test of free expression, a Mexican court has reversed a judge’s order to halt screening of a movie that exposed injustices in the country’s criminal court system. The documentary — “Presumed Guilty” — recounted the case of a man convicted twice of murder, even though there was little evidence to support the prosecution. [...]

Animal rights protest near pet store upheld

Animal-rights advocates can protest near a pet store, despite a shopping mall’s rules that would have limited access, a state appeals court ruled. The Second District Court of Appeal in Los Angeles said the California constitution protects nondisruptive political activity at shopping centers. The Westside Pavilion mall in Los Angeles would have prevented Puppies Aren’t [...]

Court revives Chicago’s disorderly conduct law

Two peace activists have lost a court battle to declare that Chicago’s disorderly-conduct ordinance is unconstitutional. The Chicago Sun-Times September 3, 2010 By Frank Main

From Hiding, Indonesian Defends Free Expression

Hiding out with a two-year jail sentence hanging over his head and vigilantes vowing to track him down, the editor of Indonesia’s defunct version of Playboy magazine, Erwin Arnada, insists he was never in the pornography business. The New York Times September 3, 2010 By Aubrey Belford JAKARTA —The men’s magazine, which began publication in [...]

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 [...]

Giuliani supports moving mosque farther from WTC site

Former Mayor Rudy Giuliani yesterday joined a growing number of politicians supporting a move of a proposed Islamic center and mosque near ground zero to state-owned land farther from the Sept. 11 attack site. August 20, 2010 By The Associated Press NEW YORK — Giuliani, who led New Yorkers through Sept. 11 and its aftermath [...]

Miss. student sues over rejected yearbook tux photo

A Mississippi teenager is suing a rural school district, this time over a policy barring young women from wearing tuxedos in senior yearbook portraits. August 18, 2010 By The Associated Press By The Associated Press 08.18.10 JACKSON, Miss. —Ceara Sturgis’ dispute with the Copiah County School District started in 2009, well before a student in [...]

Anti-Gay Church Prepares For US Supreme Court Case

Members of a Kansas church sued for protesting outside a Marine’s funeral are gearing up to present their case to the U.S. Supreme Court in October. News August 4, 2010 By The Associated Press TOPEKA, Kan. (AP) ― The high court is scheduled to hear arguments Oct. 6 in the case of Westboro Baptist Church, [...]

Panel’s denial of landmark status frees NYC mosque site

A city commission today denied landmark status to a building near the World Trade Center site, freeing a group to convert the property into an Islamic community center and mosque that has drawn national opposition. News August 3, 2010 By The Associated Press NEW YORK — The Landmarks Preservation Commission voted 9-0, saying the 152-year-old [...]

Pro-life T-shirt censorship case to go to jury

A dress-code dispute over an anti-abortion T-shirt will head to trial in late August, after a federal district judge said it was an open question whether officials prohibited a student from wearing her shirt with pictures of fetuses because of its viewpoint or because it was too graphic. Commentary July 27, 2010 By David L. [...]

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: Law penalizing fake heroes unconstitutional

A judge in Denver has ruled that a federal law making it illegal to lie about being a war hero is unconstitutional because it violates free speech. First Amendment News July 16, 2010 By AP DENVER —The ruling, made public Friday, came in the case of Rick Glen Strandlof, a Colorado man who claimed he [...]

Media groups side with Westboro protestors in court case

Twenty-two media organizations have sided with a radical church against the father of a fallen Marine who is trying to sue it for picketing his son’s funeral. Stars and Stripes July 16, 2010 By Jeff Schogol ARLINGTON, Va. —The media organizations filed a friend-of-the-court brief on Wednesday with the Supreme Court in favor of the Westboro [...]

Briefs filed supporting right to protest funerals

Supporters of a fundamentalist church’s right to protest at funerals have filed seven briefs to the U.S. Supreme Court. News July 15, 2010 By AP Members of the Westboro Baptist Church in Topeka, Kan., picket military funerals around the country. They argue that U.S. military  deaths are God’s punishment for tolerance of homosexuality. Albert Snyder [...]

Are documentary filmmakers journalists?

The question emerged at a federal appeals court after oil giant Chevron asked Joe Berlinger, the filmmaker behind the documentary Crude,  for all 600 hours of footage of his film. -SMD Fortune Magazine July 14, 2010 By Alex Konrad A federal appeals judge in New York will hear arguments today in what’s shaping up to [...]

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 [...]

The Supreme Court’s inconsistent 1st Amendment rulings

The Supreme Court’s just-ended term was marked by mixed results and “inconsistent” rulings on First Amendment cases according to Los Angeles Times. – SMD First Amendment Rulings Opinion/Commentary July 5,2010 Los Angeles Times The Supreme Court term that ended last week will be remembered for several important decisions. The court ruled that juveniles couldn’t be [...]

First Amendment case: Amazon fights to keep records of customer’s purchases private

Amazon.com has refused to turn over records of customer purchases to North Caroline tax authorities to protect the privacy of those who buy books of a personal and sensitive nature. -db Courthouse News Service April 22, 2010 By June Williams SEATTLE (CN) – Amazon.com is fighting a request by North Carolina tax authorities for records [...]

Supreme Court hears arguments in Christian group suit against state university law school

The U.S. Supreme Court heard arguments in a case pitting a Christian Legal Society barring gay students against the law school that requires campus groups to admit all students regardless of status or beliefs. Much of the sessions dwelled on whether the university nondiscrimination policy applied evenly to all groups and was “viewpoint neutral.” -db [...]

Supreme Court’s much-maligned First Amendment decision will, in fact, expand freedom of speech. Prediction: The Citizens United holding dooms IRS curbs on political advocacy by “dot-org” news media and other nonprofits.

BY PETER SCHEER—Forty-six years ago, the Supreme Court announced its decision in New York Times v. Sullivan, rewriting centuries of “common law” on libel and defamation, in order to boost constitutional protection for criticism of government policies and government officials. One of the most important free speech decisions in Supreme Court history, New York Times [...]

Mississippi school stressed over idea of gays at prom

A Mississippi high school could not legally ban a gay couple from the prom so it just cancelled the event altogether. With the help of the ACLU, the student who wanted to invite a girlfriend to the prom is suing the school for violating her First Amendment rights to freedom of expression. -db ACLU Opinion [...]

A Patent on Podcasting? EFF thinks not

The Patent Office just granted  Volomedia exclusive rights to  “a method for providing episodic media,” creating a very real threat to the future of free podcasting.  You can help  EEF’s Patent-Busting Project crack the case. EFF’s DeepLinks Blog EFF Tackles Bogus Podcasting Patent – And We Need Your Help News Update by Rebecca Jeschke Patenting [...]

Organization for digital rights establishes new website to attack internet censorship

The Electronic Frontier Foundation has established a website “Takedown Hall of Shame” to call attention to internet censorship through what they say are “bogus copyright claims or other legal threats.” -DB Electronic Frontier Foundaton Press Release October 27, 2009 SAN FRANCISCO – Websites like YouTube have ushered in a new era of creativity and free [...]

Federal judge finds no constitutional right to wear hat and jeans in court

A lawyer who claimed a First Amendment right to expression in wearing what he wished in court lost his suit. The judge said the courtroom is a nonpublic forum where rules only need to be reasonable and not reflect on anyone’s viewpoint. -DB First Amendment Center October 1, 2009 By David L. Hudson Jr. A [...]

Family sues school for brothers’ rights to freedom of expression

Two black brothers say their high school suspended them for displaying gang signs during a football game when they claim they only flashed a peace sign and the “hook ‘em horns” sign of the University of Texas Longhorns. -DB Courthouse News Service September 10, 2009 By Evan Prieskop ALBUQUERQUE (CN) – Two black brothers say Valley [...]

Federal court rules for school’s ban on religious song at graduation

A federal appeals court upheld a school district’s refusal to allow a band to play “Ave Maria” at graduation, saying that the ban did not violate students’ freedom of speech or religion. -DB San Francisco Chronicle September 9, 2009 By Bob Egelko SAN FRANCISCO—A divided federal appeals court on Tuesday upheld a school district’s refusal [...]