We have been discussing a variety of stories lately that reflect the rapidly shrinking free speech rights of students, including a recent column. A story out of Wisconsin shows just how arbitrary administrators have become in stomping out students engaging in free speech and student press rights. Fond du Lac High School senior Tanvi Kumar showed precisely the type of courage and creativity that we want to instill in the young. While other kids were at the Mall and fighting over fashions, Kumar wrote an investigative piece that documents what was described as a “rape culture” at the school. The school officials immediately moved to censor and block the publication — joining a growing population of draconian administrators teaching students to yield to arbitrary authority. In this case, Fond du Lac High School Principal Jon Wiltzius was able to gut principles of free speech and free press in one overarching authoritarian gesture.
Category: Free Speech
We previously discussed the free speech implications of the arrest of a student for wearing a NRA tee shirt to school. Now we have another case of a student, Shane Kinney, 16, who has been disciplined for wearing his NRA tee-shirt to the Grand Island High School. Once again, it is not clear why this tee shirt falls under the school’s written prohibition and appears to be content-based censorship by the school.
Continue reading “New York Student Suspended For Wearing NRA Tee Shirt To School”
Below is a longer version of my column that ran today in USA Today. The column was originally written for a longer format but had to be reduced to fight the page. The column looks at state of the Fourth Estate on the 50th anniversary of the decision in New York Times v. Sullivan. I do not wish to understate the threat against the media in 1964 but it is hard to overstate the threat against the media in 2014.
Continue reading “THE FOURTH ESTATE: FIFTY YEARS AFTER NEW YORK TIMES V. SULLIVAN”
There is an interesting controversy in Arkansas where Circuit Judge Mike Maggio was revealed as an anonymous commenter known as “geauxjudge.” After being outed from online sites, Maggio apologized and withdrew from a race for the appellate court. The controversy however raises the question of whether such comments should be a subject for ethical discipline and whether judges should have the right to comment anonymously on such sites.
Can you say that five times? Well, not if you are online in China you can’t.
There was a delicious irony to the coverage of a speech by Zhang Chunxian, the party chief of Xinjiang, to journalists. In the authoritarian, one-party state, Chinese leaders speak matter-of-factly about censoring reporters and blocking free speech. In this case, Zhang spoke about the vulnerability of the system of censorship maintained by him and other party bosses. His remarks were then censored by his own censors. Just another day in the worker’s paradise.
Continue reading “Censors Censor Censor’s Speech On Censorship”
Submitted by Darren Smith, Weekend Contributor
In two precedent setting rulings, the Washington Supreme Court expanded the privacy expectation of text messages on both statutory and unlawful search and seizure grounds.
Washington’s Supreme Court Ruled on February 27th the people have a right to privacy in text messages even if the person cannot be certain someone is reading them the court held. In State v. Jonathan Nicholas Roden the defendant asked the court to decide whether Washington’s privacy act protects text messages intercepted by a detective who possessed the intended recipient’s cell phone after a warrantless seizure. In State v. Hinton the court held that a text message conversation was a “Private Affair” protected from warrantless searches as enacted in Article I Section 7 of the Washington Constitution.
Continue reading “Washington Supreme Court Rules Citizens Have Right To Privacy In Text Messaging”
Censor boards in Qatar, Bahrain and the United Arab Emirates have sunk Darren Aronofsky’s new Biblical epic, Noah. The Paramount movie is now banned because it allegedly contradicts Islam by portraying a prophet and no one in these countries can see an alternative account of religion other than Islam.
Continue reading “Film Fatwah: Noah Banned In Middle Eastern Countries As Anti-Islamic”
Below is my column today in USA Today on the ruling out of the United States Court of Appeals for the Ninth Circuit over a ban at a California high school of students wearing tee-shirts with American flags during the Mexican heritage celebration Cinco de Mayo. The opinion is Dariano v. Morgan Hill Unified Sch. Dist., 2014 U.S. App. LEXIS 3790.
There is an interesting ruling out of the United States Court of Appeals for the Ninth Circuit over a ban at a California high school of students wearing tee-shirts with American flags during the Mexican heritage celebration Cinco de Mayo. The court ruled in favor of the school out of concern for potential racial violence. We previously discussed this controversy. I strongly disagree with the holding and the logic. The opinion is Dariano v. Morgan Hill Unified Sch. Dist., 2014 U.S. App. LEXIS 3790 .
Continue reading “Ninth Circuit Rules School Can Ban Tee-Shirts With American Flag During Cinco De Mayo”
We have been following the continuing abuse of citizens who are detained or arrested for filming police in public. (For prior columns, click here and here). Despite consistent rulings upholding the right of citizens to film police in public, these abuses continue. The latest case comes from Baltimore, Maryland. Maryland has been previously cited in abuses by police in this area as we discussed. In this case, the officer summed up too many such cases by telling the witness simply “you have not rights.” That simplifies things wonderfully for police and citizens alike.
Continue reading ““You Have No Rights”: Baltimore Police Threaten Citizen Filming Arrest”
The crackdown on free speech continues among our Arab allies. This week, Dubai arrested four people for posting insults about companions of Prophet Mohammed on Instagram. Since the companions of Prophet Mohammed are revered by Sunni Muslims, the insults are particularly sensitive in the country with tensions between a majority of Shiites and a Sunni monarchy.
A divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit ruled today that Google must remove a low-budget YouTube film that prompted riots and killings in the Muslim world as insulting to Mohammad. The highly offensive film portrays Mohammad as a sexual deviate who invented a religion to serve his own desires. Google has been under pressure from President Obama and others to take down the film. While President Obama publicly insisted that the United States stood by the first amendment, his Administration repeatedly tried to privately force Google to yield to the demands. It correctly refused. However, the same result was achieved today by Cindy Lee Garcia, an actress in the film who was received considerable criticism and hate mail for appearing in the film. She insisted that she was tricked into the role and claimed a copyright violation. The decision in Garcia v. Google, Inc. was written by Chief Judge Alex Kozinski (right).
Continue reading “Ninth Circuit Rules Google Must Remove “Innocence of Muslims””
Submitted by Darren Smith, Weekend Contributor
The European Parliament is considering the notion of Net Neutrality in Europe, similar to a debate present in the United States.
Net Neutrality is in general the practice of prohibiting Internet Service Providers, Telecommunications Providers, and Networking Services from giving favorable access or download speeds to entities they wish to give advantage via preferential treatment relating to agreements or other considerations. End users would under Net Neutrality be afforded with equal access to material unconstrained by their service providers.
The vote is scheduled for February 24th of this year.
Continue reading “Net Neutrality Vote In Europe Stirs Debate On Internet’s Future”
Submitted by Lawrence E. Rafferty (rafflaw)-Weekend Contributor
This past week, thousands of emails from within Wisconsin Governor, Scott Walker’s inner circle were released as part of an appeal by his former Deputy Chief of Staff, Kelly Rindfleisch. Ms. Rindfleisch is appealing her conviction on illegal campaign activities during the 2010 Lt. Governor’s race.
“Kelly Rindfleisch was convicted of illegal campaign activity for working on the 2010 lieutenant governor’s campaign of then-Rep. Brett Davis while serving as Walker’s deputy chief of staff during his time as Milwaukee county executive. In Wisconsin, it is illegal for public employees to work on campaigns while on the clock and being paid to administer state services.
Prosecutors found that Rindfleisch traded more than 3,000 emails with Walker campaign staffers, most of which were sent on county time from a secret email system in Walker’s office. Davis, who was Walker’s favored candidate, lost the race but was later appointed by the governor as head of Wisconsin’s Medicaid program.
Rindfleisch was sentenced in 2012 to six months in jail, but her sentence has been stayed as she appeals. She unsuccessfully requested to keep her emails secret while attempting to have her conviction overturned.” Readersupportednews
Ms. Rindfleisch and five other Walker employees were convicted on various illegal campaign activity charges and the emails that were released this week laid bare the mentality of the Walker associates and their actions to work on political campaigns while being paid as state workers. It is a bit amazing that Governor Walker has remained untouched by the prosecutors even though many of these emails that detail not only illegal campaign activities, but some alarming racist and sexist comments, were also sent to him. Continue reading “Governor Walker and Illegal Political Activities”
Submitted by Darren Smith, Weekend Contributor
Statistical analysis has shown that in the past ten years a great threat has been lurking under every dandelion, apple blossom, and tulip growing in the United States, one that is seemingly innocent but is proven to be even more deadly than we could have imagined. And it is with us nearly everywhere during half the year. Your children playing in your back yard, they are especially at risk to this menacing brood. This threat is not to be taken lightly, as it is even greater than terrorism, which you all know is the worst threat our politicians tell us there is.
My fellow Americans we need to look at the degree our government has gone to protect us from terrorism. The NSA monitors seemingly every e-Mail, telephone call, video uplink, and cellphone record it can to address this threat along with billions and billions of dollars for nebulous programs, fought long wars, all to protect us from terrorism. But if this effort is warranted to protect us from terrorism, it is only reasonable that an even greater effort should be waged to protect us from a worse threat: Bees.
Continue reading “Should The NSA Bug Beehives?”