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 annual “Jefferson Muzzle” awards, unveiled [...]

Southern California: Appeals court rules against student for Web site hate speech

A California private school student lost an appeal of a decision against him for death threats he sent to a classmate on the classmate’s Web site. The court said the speech was not protected under the First Amendment since it conveyed serious expression to inflict bodily harm. -db

Courthouse News Service
March 17, 2010
By Avery Fellow

(CN) – A [...]

First Amendment: Federal court allows Nevada to ban brothel ads

A federal appeals court ruled that the state of Nevada could regulate brothel ads under the First Amendment owing to the unique social and legal characteristics of prostitution. -db
Courthouse News Service
March 10, 2010
By Elizabeth Banicki
(CN) – Legal brothels in Nevada cannot publicly advertise under the protection of the First Amendment because prostitution is a [...]

Southern California: Workers want right to solicit work on street corner

Day laborers in Costa Mesa are contesting a city law that bans them from seeking employment on city streets. The laborers want “solicitation speech” included as protected speech under the First Amendment. -db
Courthouse News Service
February 8, 2010
By Elizabeth Banicki

SANTA ANA, Calif. (CN) – Day laborers say Costa Mesa enforces an unconstitutional ordinance that prohibits [...]

Michael Jackson’s dermatologist fights anti-SLAPP to sustain defamation suit against plastic surgeon

Michael Jackson’s dermatologist is fighting an anti-SLAPP motion to keep his lawsuit going against a plastic surgeon he says defamed him for suggesting that he was instrumental in providing the medication that killed the singer. -db
The Los Angeles Wave
February 2, 2010
By Wire Services

A dermatologist who alleges a plastic surgeon defamed him by publicly implying that [...]

Free speech case: Prosecutors won’t file charges on posting of distasteful anti-Muslim images

Minnesota prosecutors declined to file charges against a man posting crude anti-Muslim images in front of a mosque and a Somali-owned store in St. Cloud.-DB

Minneapolis Star Tribune
January 7, 2010
By Patrick Condon
MINNEAPOLIS (AP) – Two Minnesota prosecutors say they won’t file charges against a man who investigators say admitted posting anti-Muslim images in front of a mosque, a
Somali-owned [...]

Professor argues art should be protected speech under the First Amendment

A University of Iowa law professor says that since a work of art can be interpreted in various ways, it can not be treated as other unprotected speech since its message is not “intended, serious and imminent.” -DB
The Washington Post
Opinion
January 5, 2010
By Randall P. Bezanson
If a National Endowment for the Arts panel decides, based on artistic [...]

Courts consider distinction between hyperbole and real threat

This week two courts will hear arguments on whether particular threats should be considered the protected speech of hyperbolic rhetoric or taken as real threats. -DB

First Amendment Law Prof Blog
November 24, 2009
By Kathleen Bergin
Upcoming trials test the boundary between ‘true threats’ and hyperbolic on-line speech
The trial of Hal Turner is scheduled to begin on December [...]

School denies students right to wear anti-Islam T-shirt

The American Civil Liberties Union is suing a school district in Gainesville, Florida for punishing students for wearing T-shirts promoting their religious beliefs that included anti-Islam slogans. -DB
American Civil Liberties Union
Opinion
November 25, 2009
By Brandon Hensler
Islam is of the Devil.
That is the T-shirt slogan that instigated a hailstorm of debate in Gainesville, Fla., about where to [...]

Court hears arguments against government penalization of false statements

A federal court of appeals heard arguments this week on whether the government can impose criminal penalties on a man for falsely claiming he served in the military and earned the Congressional Medal of Honor. The man was convicted of violating the Stolen Valor Act which prohibits lying about military service. -DB

Metropolitan News-Enterprise
November 5, 2009
By [...]

Supreme Court lets stand lower court ruling that Illinois need not offer ‘Choose Life’ license plates

The Supreme Court rejected a free speech claim from Choose Life Illinois Inc. upholding an appellate court ruling that the plate would have given the impression that Illinois was taking sides in the abortion controversy. -DB

Boston Tribune
By David G. Savage
October 5, 2009
WASHINGTON, D.C. — Illinois need not offer “Choose Life” license plates to motorists, under [...]

High court hears arguments: animal rights versus free speech

The U.S. Supreme Court heard arguments this week on whether videos of dogfights are protected speech under the First Amendment. The Obama administration is asking the court to reinstate the Federal Depiction of Animal Cruelty law, restricting the sale of videos and depictions of animal cruelty. -DB

NPR
October 6, 2009
By Deborah Tedford
Animal rights groups and free [...]

Court rules teacher can pursue suit over political speech

Ruling on a teacher’s claim that he was dismissed for criticizing the school administration, a federal judge said it is already established that public employees do not enjoy First Amendment protection while at work but that the teacher could pursue his suit against the school district on the basis of the teacher’s claim that he [...]

Federal court rules sheriff’s deputy criticism not protected speech

While criticizing a sheriff for reacting in an irresponsible way to criticism of his use of personnel, the 7th Circuit ruled that the sheriff could discipline the deputy who brought the criticism. The deputy had argued that he had a right under the First Amendment to speak without suffering retaliation.  -DB
First Amendment Center
July 30, 2009
By David [...]

Gates case: Disorderly conduct or protected speech?

Concerning the arrest of the Harvard Professor Louis Gates, a commentator for Forbes Magazine says it is important to look beyond the racial and class issues to those of the First Amendment. Does loud and offensive necessarily constitute disorderly conduct? -DB
Forbes Magazine
Commentary
July 28, 2009
By Harvey A. Silverglate
The now-infamous Gates story has gone through the familiar media [...]