Category: Free Speech

Congress, Constitutional Law, Free Speech, Media, Politics

White House Communications Director: Big Tech Should be “Accountable” for Vaccine “Misinformation”

There was an unnerving conversation between between Biden White House Communications Director Kate Bedingfield and MSNBC host Mika Brzezinski that shows how much ground has been lost on principles of free speech. In an exchange on Morning Joe, Brzezinski asks Bedingfield why Biden has not completed his promised review of Section 230 and create an avenue to held social media companies “accountable in a real way” for spreading “misinformation” about vaccines. Brzezinski ignores not only the constitutional implications of such a move but ignores how such an approach would eviscerate free speech and free press rights.  Equally chilling is the response. Bedingfield agrees and assured Brzezinski that the Biden Administration believes these companies should be held accountable for allowing others to voice doubts or dissenting opinions on such questions.

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Constitutional Law, Free Speech, Media

Fear Free Speech: Biden Denounces Big Tech as “Killing People” By Not Censoring Speech

President Joe Biden slammed Big Tech companies this week for “killing people” by failing to engage in even greater censorship of free speech on issues related to the pandemic. It was a surprising condemnation of companies who have been loyal allies of Biden, including killing stories embarrassing to his family like the Hunter Biden laptop scandal before the election. It also has censored stories questioning his victory in 2020. Nevertheless, Biden denounced the range of uncensored free speech as the cause of death for many — the ultimate anti-free speech trope for those seeking to convince people to embrace their own censorship. Continue reading “Fear Free Speech: Biden Denounces Big Tech as “Killing People” By Not Censoring Speech” →

Free Speech, Media, Politics

White House Admits to Flagging Posts For Facebook

We have previously discussed the extensive censorship programs maintained by Big Tech, including companies like Twitter and Facebook taking sides in major controversies from gender identification to election fraud to Covid-19. The rise of corporate censors has combined with a heavily pro-Biden media to create the fear of a de facto state media that controls information due to a shared ideology rather than state coercion.  That concern has been magnified by demands from Democratic leaders for increased censorship, including censoring political speech, and now word that the Biden Administration has routinely been flagging material to be censored by Facebook. Continue reading “White House Admits to Flagging Posts For Facebook” →

Congress, Constitutional Law, Free Speech, International

YouTube Fined By Germany For Removing Pandemic Protest Video

Perhaps the most chilling aspect of the rising censorship in the United States is that countries like Germany (with histories of antagonism toward free speech) have criticized the trend as dangerous and wrong. While Democratic leaders and media figures have supported censorship, figures like Angela Merkel (long criticized for her attacks on free speech) have criticized moves like Twitter banning Trump. Now, Germany has fined YouTube for something that many on the left in the United States have supported: the removal of a video contesting Covid-19 limits. Continue reading “YouTube Fined By Germany For Removing Pandemic Protest Video” →

Free Speech, Lawyering, Torts

Lawyer Sues Legal Aid Society For Discrimination After Being Attacked For Her Criticism Of Critical Race Theory
Maud Maron is a public interest lawyer who is now at the center of a firestorm in New York. A Bernie Sanders donor and public interest volunteer, she is the classic image of a Manhattan liberal.  Maron is also someone with the type of resume that should bring pride to any school. She is a mother of four who graduated from Cardozo Law School and became a public defender with the Legal Aid Society. By every indication, she is a dedicated public interest lawyer.  Her life changed, however, after, as a mother of four public school kids, she criticized the teaching of what is commonly referred to as critical race theory in public schools. That led to her colleagues labeling her a racist and demanding her removal. She has now filed a lawsuit that claims that she was effectively forced out of her job by fellow lawyers and the union. Continue reading “Lawyer Sues Legal Aid Society For Discrimination After Being Attacked For Her Criticism Of Critical Race Theory” →
Criminal law, Free Speech

Utah Woman Charged with Hate Crime for Stomping on “Back The Blue” Sign

There is a troubling case in Panguitch, Utah where a woman has reportedly been charged with a hate crime for allegedly “stomping on a ‘Back the Blue’ sign” at a gas station.  There is a national movement to add attacks on police as a category of hate crime in various states. This case is an example of the serious free speech concerns raised by such prosecutions. Many of us find this conduct to be offensive and obnoxious. However, it is also a classic form of protest and political speech.

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Academia, Free Speech

Connecticut History Professor Under Fire for Objecting to 1619 Project in Public Schools

It is not uncommon for university professors to share their views on the curriculum of public schools. At least, that may have been the view of Jay Bergman, a professor of history at Central Connecticut State University, when he wrote to the state’s superintendents to criticize the inclusion of “1619 Project curriculum” in schools. Fellow professors have now asked for Bergman to be disciplined and even fired for expressing his views of the project, which is most associated with former New York Times writer and now Howard University Professor Nikole Hannah-Smith. Continue reading “Connecticut History Professor Under Fire for Objecting to 1619 Project in Public Schools” →

Academia, Constitutional Law, Free Speech, Media, Politics

The Rising Generation of Censors: Law Schools are the Latest Battleground Over Free Speech

Below is my column in The Hill on the rise of a generation of censors with attacks on both academic freedom and free speech throughout our educational system. This trend has reached law schools, which is ominous since these students are the future judges and lawyers who are expected to defend these core principles.

Here is the column: Continue reading “The Rising Generation of Censors: Law Schools are the Latest Battleground Over Free Speech” →

Academia, Free Speech

Twitter Flags Foreign Policy Expert Tweeting Criticism Of China
Twitter LogoWe have previously discussed Twitter’s robust censorship program that repeatedly has been denounced for bias in taking sides on scientific, social, and political controversies. The problem is that, when you have an army of censors with their thumbs on buttons to flag or bar comments, the tendency is ever expanding levels of censorship. Indeed, much censorship is not thumbless through automatic systems to remove certain comments. That was evident this week. Not only did Twitter flag a picture of a veteran wishing the country a Happy Fourth of July (presumably due to his combat scars) but it flagged New Zealand foreign policy expert Anne-Marie Brady who mocked the Chinese government.  The incident is particularly notable after Twitter recently admitted to censoring criticism of India’s government.

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Free Speech, International

Comedian Sentenced to Prison for “Public Insult of an Antisemitic Nature”

We previously discussed the prosecution of controversial French comedian Dieudonné M’Bala M’Bala for antisemitic jokes and comments. The comedian has now been sent to prison for four months for “public insults,” including “public insult of an anti-Semitic nature” and “contestation of a crime against humanity.”  M’Bala’s jokes and comments are deeply offensive to many of us but the prosecution for such comments is a further attack on the core principles of free speech. Continue reading “Comedian Sentenced to Prison for “Public Insult of an Antisemitic Nature”” →

Academia, Criminal law, Free Speech

Howard Dean Under Fire For Defending Cosby [Updated]

We recently discussed the ruling of the Pennsylvania Supreme Court overturning the conviction of Bill Cosby. While the Court differed on what errors warranted such action, all of the justices agreed that the trial was fundamentally flawed. Indeed, it was a disgrace and Cosby could sue for malicious prosecution.  Yet, the incoming dean of Howard University’s fine arts college, Phylicia Rashad, is under attack for declaring her support for Cosby. Rashad played Bill Cosby’s TV wife on “The Cosby Show.” Fortune reported that there are calls for her resignation. Update: Rashad issued a profuse apology and deleted the tweet.

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Academia, Free Speech, Politics

“Blow Up Republicans”: UNC (Wilmington) Professor Triggers Firestorm With Call For Killing Republicans [Update]

Dan Johnson is an associate professor at the School of Health and Applied Human Sciences at University of North Carolina Wilmington with apparently equal interest in politics and polytechnics. He posted a short but clear message on Facebook: “Blow Up Republicans.” The detonation of people seems to be in vogue with professors this year. As will come as little surprise to many on this blog, I do not believe Johnson should face discipline for his violent political ideations. [Update: A university Trustee has now asked for an investigation by the university].

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Bizarre, Free Speech, International, Media, Society

Out of Sight, Out of Mind? United Kingdom Moves to Ban Junk Food Advertising

We have previously discussed the tendency of the United Kingdom toward “nanny state” legislation.  Now, starting in 2023, the government of Prime Minister Boris Johnson is moving to ban junk food advertising online and before 9pm on TV — a move that will not only limit speech rights but undermine broadcasters who rely on such revenue. It is a move reminiscent of the Big Gulp laws of former Mayor Michael Bloomberg in New York as the government moves to protect consumers from themselves. As will come as little surprise to many of this blog, I oppose such moves both as a limitation on speech rights and the freedom of choice. Continue reading “Out of Sight, Out of Mind? United Kingdom Moves to Ban Junk Food Advertising” →

Columns, Constitutional Law, Free Speech, Supreme Court

Supreme Court Rules 8-1 for Cheerleader in Mahonoy Case In Major Victory for Free Speech

For those seeking to portray the Supreme Court as, to use President Joe Biden’s words, “out of whack,” the Court itself continued to disappoint critics this week with another major and nearly unanimous decision in the long-awaited decision in Mahonoy v. B.L. While many of us in the free speech community hoped for a bright-line decision protecting student speech, the decision sharply rebuts the sweeping claims of schools (from high schools to universities) of authority to monitor and punish off-campus speech.  What is striking about the language is that the Court secures near unanimous decision by limiting the reach of the decision. Continue reading “Supreme Court Rules 8-1 for Cheerleader in Mahonoy Case In Major Victory for Free Speech” →

Academia, Animals, Free Speech

Not in Front of the Shih Tzu: Professors Call for Hate Speech Protections to be Extended to Animals (Updated)

Two professors at the University of Sheffield have published a piece in the Oxford Journal of Legal Studies to extend hate speech protections to animals to deal with hateful “speciesist” remarks. Drs. Josh Milburn and Alasdair Cochrane insist that such protections will help achieve a “more benign human–animal relations within society.”  The need for speech criminalization is based on the view that “some animals do seem to have their social confidence eroded because of their awareness of the risk of violence.”

 

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Res ipsa loquitur – The thing itself speaks