Category: Free Speech

Stanford Debates Free Speech After Flyers Supporting Law Enforcement Are Torn Down As Hate Speech

ANTI-ICEPRO-ICEAccording to Stanford University students, one of these flyers is a public service and one is hate speech.  There is a controversy at Stanford University reported by College Fix over the distribution of the flyer on the right — a satirical jab at posters encouraging students and faculty to report any ICE activity.  It is clearly satirical and political, but some Stanford students declared it to be hate speech and filed complaints with the university that they now felt unsafe and threatened on campus. The flyers were removed by residential staff. 

 

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Two Fans In New Zealand Are Sued Under New Law For Encouraging Singer Lorde Not To Do Israeli Concert

250px-Flag_of_New_Zealand.svg660px-flag_of_israelsvgWe recently discussed the striking down of one of the state laws barring contractors who support the boycotting of Israel.  In New Zealand, however, a similar law is in effect and a pro-Israel group is suing two people for simply encouraging pop singer Lorde not to hold a planned concert in Israel.  The lawsuit demonstrates the danger to free speech in these laws, which seeks to punish people for their political views, association, and speech.  As many on this blog know, I generally oppose any laws that curtail free speech and view the solution to bad speech to be better speech — not criminalized speech.  This has nothing to do the merits of the boycotts; only the means used to oppose such views.  I have not problem with fans or promoters suing Lorde over a cancelled concert if they lost money.  This goes to the right of people to boycott a country due to their personal or political views.

 

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Federal Court Strikes Down Kansas Law Against Israeli Boycotters

download660px-flag_of_israelsvg1A District Court judge in Kansas has handed down a major free speech victory this week in striking down the state law requiring all state contractors “to certify that they are not engaged in a boycott of Israel.” We have previously discussed these laws and my view that they impinge upon the first amendment.  The laws include making victims of natural disasters attest that they do not support a boycott of Israel as well as similar bans on student groups.  Now the Kansas law has been struck down as a denial of free speech by District Court Judge Daniel Crabtree.  It is the Koontz case that we previously discussed.

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Poland Moves To Criminalize Claims Of Polish Culpability In Nazi War Crimes

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Harvard Sororities Defy Ban On Single-Gender Groups

220px-Harvard_Wreath_Logo_1.svgWe have previously discussed the crackdown at Harvard on single gender clubs and associations (even groups off campus). Last year, Harvard established penalties for students who refuse to yield to the rule against belonging to single-gender organizations, including barring students from serving on campus leadership positions.  This includes Greek organizations.  Now, women are objecting that they are being penalized and denied their “right to choose.”  Notably, however, the protesting sororities did not question the barring of males but rather having such rules apply to women.

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Of Lies And Libels: Trump’s Problem Is Not With The Lack Of “American Values” But The Lack Of A Libel Case

donald_trump_president-elect_portrait_croppeddownload-1Below is my column in USA Today on the renewed calls of President Donald Trump to change our libel laws to make it easier for public officials and figures to sue over publications like the recent book by Michael Wolff.  While the controversy was quickly pushed from coverage by the President’s alarming statements on immigration policy, it is clear that he remains heavily invested in this ill-considered idea.

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German Justice Minister Barred On Twitter Under The New Speech Controls Pushed Through By His Government

Coat_of_arms_of_Germany.svgWe have been discussing how Germany has led the West in the criminalization of speech, an anti-free speech trend that is now raging in England, France, Canada and other Western nations.  Germany has continued its plunge into censorship and criminalization despite the failure of its speech laws to curtail extremism. Now even Germany’s justice minister has been censored under the laws that he and his colleagues have fostered.  Heiko Maas has been notified that a tweet in 2010 is now considered improper and thus barred on Twitter.  The offense? He called an author “an idiot.”

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Trump Again Suggests U.S. Libel Laws Need To Change

Freedom_of_Speechdonald_trump_president-elect_portrait_croppedWe previously discussed the erroneous portrayal of U.S. defamation laws by President Donald Trump.  Trump has complained previously about the inability to sue his critics due to the protections recognized in the First Amendment.  He has returned to that theme at Camp David this weekend and criticized our libel laws as too protective and restrictive. These comments were made in the wake of the failed effort of Trump to prevent the publication of the Michael Wolff’s book Fire and Fury: Inside the Trump White House.  As discussed earlier, the threats made by Trump’s lawyer were facially weak, if not meritless, in claiming defamation. That was not a problem of our libel laws.  The statements by Steven Bannon leading to the notice letter were clearly opinions and protected under even the weakest defamation law.

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Fordham Sued By Students Over Refusal To Recognize Pro-Palestinian Group

162px-Fordham_sealThere is an interesting controversy brewing at Fordham University, which has been sued by students over the failure of the school to recognize their pro-Palestinian group.  The group is called the Students for Justice in Palestine and the university overturned the student government in recognizing it.  Fordham has fought the students for more than two years.  Now that the university is in court, it has made a curious offer: it will recognize the group if they use a name other than “Students for Justice in Palestine.”

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Trump Lawyer Hits Author With Cease and Desist Letter Over Bannon Comments

download-1donald_trump_president-elect_portrait_croppedAttorney Charles Harder has issued a “cease and desist” letter on behalf of his client President Donald Trump. The letter is addressed to author Michael Wolff and the president of the book’s publisher, but is clearly putting Steve Bannon on notice of a possible defamation action for his statements in the forthcoming book, “Fire and Fury: Inside the Trump White House.” The letter alleges violation of confidentiality rules and defamation in the forthcoming book, “Fire and Fury” by Michael Wolff.   The threat of legal action is highly dubious and the suggestion of a prior restraint order or injunction would go against decades of precedent.  It also leaves the worst possible optics of trying to stop the release of a book (and suggesting that Bannon is releasing bona fide confidential information).

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DNC Deputy Chair Gives Shout Out To Antifa

DSpO0wSXcAMPvjwI have previously written about my objections to Antifa and its anti-free speech values, including academics legitimizing efforts to violently curtail free speech on our campuses.  Germany has banned an Antifa website as an extremist organization.  That has not stopped Rep. Keith Ellison, D-Minn., the deputy chair of the Democratic National Committee, from posing with the handbook of the Antifa movement and giving the group a proud shout out.  As Democrats seek a new identity and purpose after the debacle with Hillary Clinton, this is a worrisome signal.  The Democrats will hand over another election if they simply try to run on being anti-Trump and pro-Antifa.

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German Politician Blocked On Social Media Placed Under Criminal Investigation Under New Hate Speech Law

Coat_of_arms_of_Germany.svgFor free speech advocates, there was another chilling development last week in the expanding censorship of social media and the criminalization of speech in the West.  The government is investigating Beatrix von Storch (the deputy leader of far-right party AfD) for a tweet posted on New Year’s Eve in which she accused police of appeasing “barbaric, gang-raping Muslim hordes of men.”  The statement was barred on Twitter and Von Storch and others were barred on Twitter and Facebook. Once again, raising the free speech concerns is not an endorsement of such offensive posts. Rather, the Germans have taken their controversial speech regulations and have extended them to social media — forcing these companies to become active players in the censoring of political speech.  People may have no objection (and even relish) the crackdown on the AfD but the implications for speech is far greater than these individuals.

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Drexel Professor Who Called For “White Genocide” Hired By New York University

drexel27n-1-web200px-ColumbiaNYUCoat.svgWe have previously discussed the controversial writings of George Ciccariello-Maher, a former Drexel University professor who was pushed to resign after a national outcry.  Ciccariello-Maher has blamed the Las Vegas massacre on “Trumpism” and declared that “All I want for Christmas is white genocide.” He has insisted that some of his prior tweets have been”satirical,” though he appears to court controversy on social media.  He has now announced to have been hired as a visiting scholar by New York University’s Hemispheric Institute of Performance and Politics.

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University of Virginia Reverses Decision Barring Recognition of Conservative Student Group

university_of_virginia_seal-svgThe University of Virginia has reversed a decision of VA student council to refuse to recognize a conservative student organization because it catered to conservative students.  This absurd decision was based, according to Ty Zirkle, UVA student council’s vice president for organizations, on a strained reading of state law.  The decision was in sharp contrast to other groups which cater to shared viewpoints.  The concern should be with the selective application of this perceived rule by the student council.

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University of California (San Diego) Investigates Student After He Posted Pro-Steinle Flyers

Gregory Lu  is a student at the University of California San Diego who felt that all of the coverage over the acquittal of Jose Inez Garcia Zarate was missing sufficient consideration for his victim, Kate Steinle.  Much of the coverage turned on the status of illegal immigrants like Zarate and their dreams in coming to the country.  Accordingly, Lu posted 150 posters with her face and the words “She had dreams too.”  The fliers were immediately taken down and Lu was informed that he was to report to the Office for the Prevention of Harassment & Discrimination due of an “online incident report.”

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Res ipsa loquitur – The thing itself speaks