Saturday, February 11, 2012

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Muhammad Ali a central figure in unfolding of First Amendment rights

Muhammad Ali, the former world heavyweight boxing champion, “embodies the essence of the First Amendment,” writes David L. Hudson Jr., of the First Amendment Center. Hudson shows how Ali was at the “vortex of…First Amendment freedoms,” freedom of religion, speech, press, assembly and petition.  -db From a commentary for the First Amendment Center, January 21, [...]

Safety trumps speech at Morgan Hill high school

November 14, 2011 by  
Filed under 1st Amendment News

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 [...]

Federal court rules transit district violated First Amendment in rejecting ad

August 15, 2011 by  
Filed under 1st Amendment News

A federal appeals court ruled that a Pennsylvania transit agency, the Allegheny County Port Authority, violated the free speech rights of a nonprofit group who had sought to run a bus ad to inform ex-cons of their voting rights. The agency rejected the ad on the grounds that it did not accept noncommercial ads, but [...]

Defamation: Federal judge says university may label websites ‘unreliable’

A federal district judge ruled that the University of Minnesota’s Center for Holocaust and Genocide Studies was not committing defamation when it put a website on a blacklist of sites not deemed reliable for academic use. The Turkish Coalition of America had sued for defamation and violations of freedom of speech. -db From the Minnesota [...]

Animal rights protest near pet store upheld

March 4, 2011 by  
Filed under 1st Amendment News

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 [...]

Wikileaks doc release expected Sunday 2PM PST; Two websites are already tracking global response

November 27, 2010 by  
Filed under 1st Amendment News, News & Opinion

Two websites–OWNI.fr and Wlcentral — are already tracking global speculation and analysis about the Wikileaks release of 2.8 million classified documents expected to happen Sunday at 2PM PST. Hints of the release time came from Der Spiegal one of the newspapers along withThe New York Times, The Guardian (UK), Le Monde (France) and El País [...]

Blackberry dispute: Reporters Without Borders worried national security a pretext to censorship

Reporters Without Borders is concerned that in asking BlackBerry to provide access codes to governments, it will allow them to shut down free expression. -db MediaShift Commentary August 26, 2010 By Clothilde Le Coz Next week will be decisive for BlackBerry corporate users. BlackBerry maker Research In Motion (RIM) could provide a solution to help [...]

Mayor Defends Mosque near Ground Zero

August 25, 2010 by  
Filed under 1st Amendment News, News & Opinion

Mayor Michael Bloomberg delivered an impassioned speech on religious freedom at a Ramadan dinner at Gracie Mansion Tuesday night, declaring there’s “nowhere in the five boroughs of New York City that is off limits to any religion.” August 25, 2010 The Wall Street Journal By Michael Howard Saul Mr. Bloomberg, speaking at an annual Iftar [...]

Stolen Valor Act Violates Free Speech, Court Says

August 20, 2010 by  
Filed under 1st Amendment News, News & Opinion

Non-defamatory lies are protected under the right to free speech, the 9th Circuit, overturning the conviction of a man who lied about having been awarded the Congressional Medal of Honor. The Courthouse News Service August 20, 2010 By Elizabeth Banicki (CN) -Xavier Alvarez was convicted of violating the Stolen Valor Act for telling fellow members [...]

Iranian journalist Akbar Ganji named ‘press freedom hero’

The International Press Institute on Monday named Iranian journalist and dissident Akbar Ganji as its 59th “World Press Freedom Hero” in honour of his defence of freedom of speech and equal rights. August 9, 2010 By AFP VIENNA —Ganji, 50, spent six years in Iran?s infamous Evin prison for articles that accused high-level political figures [...]

National parks can’t require permits for ‘expressive activities’

National Park Service rules requiring a Minnesota man to get a permit before distributing religious materials at Mount Rushmore National Memorial are unconstitutional, a federal appeals court said in a decision released late last week. August 9, 2010 By The Associated Press The U.S. Circuit Court of Appeals for the District of Columbia said Aug. [...]

N.Y. town board’s prayers OK with federal judge

A federal judge has ruled that a town board in upstate New York isn’t doing anything unconstitutional by opening its meetings with a brief prayer. August 9, 2010 By The Associated Press GREECE, N.Y. — The judge signed an order Aug. 5 tossing out a lawsuit filed by two residents of the town of Greece, [...]

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, [...]

ACLU sues Boulder County Jail over new postcard-only mail policy

Lawyers for the American Civil Liberties Union and the ACLU of Colorado filed a lawsuit today against Boulder County Jail officials for enacting what they allege is an unconstitutional policy barring inmates from sending personal mail in sealed envelopes to people outside the jail. The Daily Camera August 3, 2010 By Vanessa Miller The jail’s [...]

Pa. prisons can bar Muslim workers’ headscarves

Prison officials can bar employees from wearing religious headscarves out of concerns they pose a safety risk, a federal appeals court in Philadelphia ruled yesterday in a 2-1 decision. News August 3, 2010 By The Associated Press PHILADELPHIA — Prison officials have legitimate concerns the headscarves can hide drugs or other contraband, or be used [...]

Court rules student counselors must ‘affirm’ gay clients

July 29, 2010 by  
Filed under 1st Amendment News, News & Opinion

On Tuesday, a federal judge upheld the right of a counseling program at Eastern Michigan University to kick out a master’s student who declined to counsel gay clients in an affirming way — as required by the university program and counseling associations. USA TODAY July 29, 2010 By Scott Jaschik, Inside Higher Ed A month [...]

USA outlaws ‘libel tourism’ in the UK courts

July 29, 2010 by  
Filed under 1st Amendment News, News & Opinion

United States lawmakers have passed legislation countering the threat to freedom of speech posed by ‘libel tourists’ who use the UK’s tough libel laws to take action over articles primarily published in the US. Press Gazette July 29, 2010 By Dominic Ponsford The SPEECH Act – Securing the Protection of our Enduring and Established Constitutional [...]

Mexican Journalists Kidnapped as Drug Cartels Threaten Freedom of Speech

July 29, 2010 by  
Filed under News & Opinion

Mexican gang members took at least three journalists hostage this week in Durango state after the reporters investigated alleged links between prison officials and drug groups, the state attorney general’s office said. Bloomberg July 29, 2010 By Jonathan J. Levin The kidnappers haven’t yet demanded a payoff, said Ruben Lopez, a spokesman for the attorney [...]

Free Speech: Neb. town settles lawsuit brought by Westboro churchwoman

An Omaha suburb has paid a member of a Kansas church that protests at soldiers’ funerals $17,000. In exchange, Shirley Phelps-Roper has dropped her lawsuit against Bellevue. July 28, 2010 By AP LINCOLN, Neb. — The settlement with Westboro Baptist Church, which claims that U.S. troop deaths are punishment for the nation’s tolerance of homosexuality, was [...]

Rally in Dearborn supports arrested Christian missionaries

July 26, 2010 by  
Filed under 1st Amendment News, News & Opinion

Saying that the right to free speech is important, about 25 demonstrators rallied today on the steps of Dearborn City Hall in favor of the four Christian missionaries arrested at the Arab International Festival for allegedly disturbing the peace. Detroit Free Press By Niraj Warikoo July 26, 2010 The rally was organized by Majed Moughni, [...]

Federal judge rejects Caseyville official’s claim that firing violated his free speech rights

A former village official’s claim that his firing violated First Amendment guarantees of free speech has been rejected by a federal judge. bnd.com By George Pawlaczyk July 26, 2010 CASEYVILLE — Former Tax Increment Financing Director Rick Casey filed suit last year in federal court in East St. Louis against Mayor George Chance and the [...]

New federal online identity plan raises privacy and free speech concerns

The White House recently released a draft of a troubling plan titled  ”National Strategy for Trusted Identities Cyberspace” (NSTIC). Commentary/ Electronic Frontier Foundation July 21, 2010 By  Lee Tien and Seth Schoen The White House recently released a draft of a troubling plan titled “National Strategy for Trusted Identities in Cyberspace” (NSTIC). In previous iterations, the [...]

UF First Amendment project files brief with U.S. Supreme Court in funeral protest case

Press Release/ UF July 21, 2010 By University of Florida GAINESVILLE, Fla. — The University of Florida’s Marion B. Brechner First Amendment Project joined three other free speech groups to file a friend-of-the-court brief with the U.S. Supreme Court last week. They filed it as part of Snyder v. Phelps, a free speech case centering [...]

George Carlin: Rethinking a free speech icon

As a new court ruling overturns the rules on TV cussing, a look back at the comic who helped start the debate Salon.com July 16, 2010 By Matt Zoller Seitz Thirty-two years after the Supreme Court ruled on a free speech case sparked by the George Carlin routine “Filthy Words,” profanity and the First Amendment [...]

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 [...]

Guam Board of Allied Health Examiners bans recording devices from board meetings

No recording devices or cell phones are allowed at the Government of Guam Board Meetings, according to a recent Guam Board Resolution. Senator Tina Muña Barnes accuses GBAHE of violating the First Amendment. -SMD Pacific News Center News July 12, 2010 By Guam News Guam – Senator Tina Muña Barnes has written a letter to [...]

US slams Azerbaijan over jailed journalist

After an Azerbaijani journalist was convicted to 2.5 additional years in prison for “drug possession,”  US State Department spokesman Mark Toner said the US is concerned by the ex-Soviet republic’s ruling. -SMD Open Government, Foreign Affairs July 8, 2010 By AFP via World News Australia The United States Wednesday voiced concern at the new criminal [...]

Alleged First Amendment violations in the Gulf of Mexico [VIDEO]

The US Coast Guard has announced that photographers and journalists will not be allowed to film or take pictures within 65 feet of the damage caused by the BP oil spill. -SMD BP Oil Disaster CNN News via Natural News.tv July 3, 2010 By Health Ranger

A&A: Can teacher lose job if student-survey questions school board policy?

June 4, 2010 by  
Filed under Asked & Answered

My questions are as follows: 1. If a teacher assigns students the task of survey development and distribution along with data collection and analysis, what free-speech guidelines should the students follow? What free speech guidelines should the teacher follow since the students are conducting the survey as an assignment for their class? I ask you [...]

Google strikes blow for traditional journalistic values

Google’s decision to leave China rather than to allow censorship of its service, whether it likes it or not,  puts the company in the forefront in defending the free flow of information in the global market. -db The New York Times Commentary March 28, 2010 By David Carr Should we be surprised that the biggest [...]

A&A: Is limiting a school board trustee’s comments legal?

March 26, 2010 by  
Filed under Asked & Answered

Q: I’m a public school district trustee and the board has tried to limit my comments during the meetings by preventing me from responding to Public Comments made during the “public comment period.”  I often will wish to express my agreement with the comment made or ask a follow-up question. Is the board violating my [...]

Sheriff who leaked opponent’s expunged record resigns

November 25, 2009 by  
Filed under 1st Amendment News, News & Opinion

N.H. Sheriff resigns after leaking info on opponent to press while claiming he believes his action is protected by First Amendment First Amendment Center N.H. sheriff resigns amid accusations of leaking info to reporters By The Associated Press 11.25.09 CONCORD, N.H. — The Rockingham County sheriff and his top deputy resigned yesterday after being accused [...]

Federal Court rejects Plame’s argument to allow her to publicize details of CIA service

Former CIA operative Valerie Plame claimed that after the government outed her as an agent and her employment record became part of the congressional record that the First Amendment allowed her to void her confidentiality agreement with the CIA and reveal details of her CIA service. A federal appeals court rejected her arguments citing national [...]

Environmental reporters in Egypt and China face devastating reprisals

September 17, 2009 by  
Filed under Uncategorized

It is not an easy life reporting about the environment in Egypt and China as the reporters face fines, law suits, censorship, death threats and prison. -DB MediaShift September 14, 2009 By Clothilde Le Coz Since May 2009, Tamer Mabrouk has held one of the saddest records regarding human rights abuses in Egypt. He is [...]

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 [...]

A&A: Protesting on Sidewalks

Protesting on Sidewalks Q: We arrived at the sidewalk in front of the Fox television offices. We demonstrated for about an hour then I took the bullhorn and stepped onto the private sidewalk that leads up to the front door of the office building. I spoke my piece as FOX security guards surrounded me and [...]

A&A: Posting Links on Neighborhood Council Websites

Posting Links on Neighborhood Council Websites Q: My issue is in the stakeholder councils”, i.e. “neighborhood councils” (see www.freedomadvocates.org for background). I have attempted to post some informational links on the Neighborhood Council website to offer factual information about redevelopment, stakeholder councils along with the other links they have there, e.g. political party meetings, neighborhood [...]

A&A: Can a school board restrict critical speech about district employees?

June 13, 2009 by  
Filed under Access to Meetings, Asked & Answered

Can a school board restrict critical speech about district employees? Q: Recently a school board adopted a policy that forbids individuals from making critical remarks about staff/board members. I am familiar with Baca v. Moreno Valley USD where the school board there tried to stifle free speech in a similar way and ended up on [...]