Category: Free Speech

Arizona Passes Sweeping Law Criminalizing Internet Speech

In one of the most sweeping attacks on free speech in America, the Arizona legislature has passed a draconian bill that would criminalize speech on the Internet (“any electronic or digital device”) that prosecutors consider “obscene, lewd or profane language or . . . suggest[ing] a lewd or lascivious act if done with intent to ‘annoy,’ ‘offend,’ ‘harass’ or ‘terrify.’” The law is largely undefined and is in my view facially unconstitutional. The law would drive a stake in the heart of free speech. Yet, people like Bill Clinton have been calling for such a crackdown on Internet speech for years.

Continue reading “Arizona Passes Sweeping Law Criminalizing Internet Speech”

Tunisia Rejects Sharia As Basis For New Constitution

Over the years, I have not hidden my opposition to Sharia-based legal systems and the types of grotesque forms of justice that they mete out to their citizens. There is little good news from this area of the world as revolutions in Libya and Egypt go careening toward Islamic states. However, this week we have a modicum of good news. Tunisia’s governing Islamist party has decided to oppose a move to make sharia law the main source of legislation in a new constitution. They appear to be doing better than our allies in Iraq and Afghanistan who are increasingly applying harsh Islamic principles.

Continue reading “Tunisia Rejects Sharia As Basis For New Constitution”

Teachers Under A Morality Microscope

Below is my column this morning in The Los Angeles Times on the increasing number of cases where teachers are punished for comments or activities in their private lives — often under nebulous disruption or moral turpitude grounds. While the recent case of a teacher moonlighting as a porn star in California raises understandable concerns for school officials, most of these cases involve either past conduct or clearly protected speech. This is part of a broader number of cases that we have been following dealing with public employees ranging from city managers to police officers to firefighters. The question is how much our public employees must confirm their political and social activities to satisfy members of the public.

Continue reading “Teachers Under A Morality Microscope”

A Small Victory Against Corporatism

by Gene Howington, Guest Blogger

On Friday, a small victory was had against the ever encroaching corporatism threatening our democracy.  Rep. Chris Van Hollen (D – MD) brought suit against the FEC last year. In his suit, Van Hollen charges that in 2007 the FEC created a loophole allowing undisclosed donors to contribute money for “electioneering communications” to organizations like Karl Rove’s 501(c)(4) advocacy group Crossroads GPS and to 501(c)(6) business associations like the Chamber of Commerce for the purposes of by willfully misinterpreting disclosure requirements in the Bipartisan Campaign Reform Act of 2002 (a.k.a. McCain-Feingold). “Electioneering communications”  are broadcast ads that refer to a federal candidate in the period 60 days before a general election or 30 days before a primary election.  These ads may call for either the election or defeat of a specific candidates.

In 2007, the FEC added a regulation that complicated the situation. The rule in question – C.F.R. Title 11 § 104.20 (c)(9) – (found at 2 U.S.C. 434(f)) – says “If the disbursements were made by a corporation or labor organization pursuant to 11 CFR 114.15, the name and address of each person who made a donation aggregating $1,000 or more to the corporation or labor organization, aggregating since the first day of the preceding calendar year, which was made for the purpose of furthering electioneering communications.”  Clearly the FEC is saying that disclosure is only required if a donation is explicitly made “for the purpose of electioneering communication.”  Being that few, if any, donors to these groups ever earmark their donation for a specific election expense there has been little or no disclosure of the donors to these groups.

There is a problem with that regulation though.

Continue reading “A Small Victory Against Corporatism”

Defending Our Freedoms?

Submitted by: Mike Spindell, Guest Blogger

A recurring meme used in American society by leaders and politicians is that certain acts must be done to “Defend Our Freedoms”. The use of this meme has occurred repeatedly in our history as a justification for certain governmental actions, particularly in defense of war. In some cases like our Revolution, or World War II its usage has been right on point, in others like Viet Nam, Iraq and Afghanistan it’s been used as untruthful propaganda. On national and local levels the meme has also had a mixed history. It has been used to persecute radicals, as a States Rights justification of “Jim Crow” and post 9/11 to enact “security” legislation that many of us think actually diminishes freedom in the name of saving it. Continue reading “Defending Our Freedoms?”

Sarkozy Proposes To Arrest People Who Visit “Terrorist” Websites

We have previously discusses alarming moves in France to limit or deny speech through blasphemy prosecutions to hate speech to barring “antihistorical” speech. Now, in the wake of the recent killings by a Muslim extremist, the government of President Nicolas Sarkozy is proposing a new law that would jail repeat visitors to extremist web sites. It is a measure that strips away core free speech rights of citizens and gives the government a new ambiguous power to arrest people for the things that they read.

Continue reading “Sarkozy Proposes To Arrest People Who Visit “Terrorist” Websites”

Russian Court Bans Scientology Books As “Extremist”

A court in Moscow has upheld a lower court decision declaring books on Scientology to be extremist literature and banning publication or distribution of such books. This decision follows moves by other countries against Scientology as a criminal or fraudulent enterprise as well as testimony against the church by former high-ranking church members.

Continue reading “Russian Court Bans Scientology Books As “Extremist””

Chicago Police Arrest Two Journalists For Willful Commission of “Whatever”

The same week that a video showed a Chicago police officer choking a young man on St. Patrick’s Day, this video shows police arresting reporters outside of a hospital without apparent justification. The video shows Photographer Donte Williams and WGN Reporter Dan Ponce complying with orders and seeking to work out the disagreement on their presence at the scene. The officer proclaims “Your First Amendment rights can be terminated if you’re creating a scene or whatever.” This appears to be the “whatever” category.

Continue reading “Chicago Police Arrest Two Journalists For Willful Commission of “Whatever””

Two Federal Courts Reach Opposite Results On The Constitutionality Of The New Graphic Cigarette Images

We have been following the constitutional challenges to the new cigarette advertising regulations requiring graphic images on packages. I have been highly critical of those images and agree with the constitutional and policy concerns raised by the regulations. Now we have two decisions — one from the Sixth Circuit and one from the D.C. district court — reaching opposing results on the constitutionality of regulations. The district court decision sets up the possibility of a split in the circuit with the appeal now going to the D.C. Circuit.

Continue reading “Two Federal Courts Reach Opposite Results On The Constitutionality Of The New Graphic Cigarette Images”

How Patriotic is the Patriot Act?

Respectfully submitted by Lawrence Rafferty (rafflaw)-Guest Blogger

When the Patriot Act was signed into law back in 2001, there was significant discussion about and distrust in the broad powers granted to the FBI and other intelligence gathering agencies. I won’t go into the uproar that ensued back then, but I do want to discuss the latest events pertaining to the infamous Section 215 of the Patriot Act.  Section 215 of the Patriot Act is the section that has been dubbed as the “business records” provision of the Act.  In the last few days, two United States Senators reconfirmed their concern over the possible misuse of the broad powers granted to the government in Section 215.  Senator Ron Wyden and Senator Mark Udall have made public their recent letter to Attorney General Holder expressing their grave concerns on just how Section 215 is being interpreted and used to spy on Americans. Continue reading “How Patriotic is the Patriot Act?”

Coming Soon To A Protest Near You . . .

Submitted by Gene Howington, Guest Blogger

It is a truism that most technology is a two-edged sword. Something created with a beneficial use can and (due to human nature) turned into something harmful is the way the scenario usually plays out. There are, of course, exceptions to this rule where the inverse is true and something harmful turns out to have a beneficial application. To illustrate this point, here is the Vortex Gun.

You saw correctly. This is a gun that can fire concentrated blasts of tear gas, pepper spray or any other aerosol agent moving at 90 miles per hour at targets up to 150 feet away.  The “smoke rings” are still moving at 60 miles per hour reaching targets over 90 feet away.  What possible benefit could come from such a weapon? Let’s look at the non-military application of the weapon before jumping the gun (pun fully intended).

Continue reading “Coming Soon To A Protest Near You . . .”

A Real History of the Last Sixty-Two Years?

Submitted by: Mike Spindell, Guest Blogger

Being in my late 60’s and having grown up in a liberal family, politics and history have been always among my greatest interests. Those much younger than I would no doubt list 9/11 as the most traumatizing historical event of their lifetime. While 9/11 of course affected me greatly, no historical event in my life has affected me as much as the assassination of President John F. Kennedy. I believe that it traumatized my generation so extensively that most of us have not been able to fully believe in our country and its government since that tragic day and its aftermath. Most Americans alive today, who were born in 1960, or afterwards, have only second hand accounts of the total turbulence of the 60’s and the trauma experienced by those who lived through it. There is no doubt that 9/11 has traumatized this nation, but initially it drew most of us together, only to have that unity frittered away by the Bush Administration. The 60’s did that for my generation and that trauma led directly to our current political chaos and deep distrust of government as my generation took the reins of political power.

To most people growing up in the 50’s, on its surface America was the land of opportunity. The USA was a great democracy, unparalleled in human history in the prosperity of its citizens and its standing among nations. For many though, there were obvious cracks in this version of the America Myth. If you were a Black American you faced the viciousness of “Jim Crow” in the South and the somewhat more “genteel” racism pervading the rest of the country. People of Spanish speaking heritage also faced the status of second class citizenship. Native American’s were treated just as badly as they had been from the first European landing on these their shores. Women were, with few exceptions, expected to be subservient to male expectations and were uniformly portrayed as being intellectually inferior. Homosexuals were viciously and violently persecuted. And so it went in 1950’s America. Some great white writers like Mailer, Kerouac, Steinbeck and many others were taking on the myth of the America Dream. Africa American writers like Richard Wright, Ralph Ellison and James Baldwin were standing on the shoulders of their predecessors from the Harlem Renaissance, in exposing the oppression Black people faced. There was among many Americans a weariness of the canards of the Eisenhower Administration, the fear based militarism of the Cold War and a recognition that all was not well with a good portion of the population. There was also for many, a hope for purposefulness in their own lives, beyond marriage, house in the suburbs, new car and two kids.

Arriving on the scene, promising to revitalize the country, was JFK, a brilliant speaker, handsome man and charismatic leader. He won a close election against the unlikable Richard Nixon and proceeded to galvanize the nation with the dreams of his New Frontier. JFK also was the source of great enmity among the Washington Establishment. Seen as nouveau riche by the plutocracy, too idealistic and naïve by the Defense, State Departments and CIA, hated by J. Edgar Hoover and the FBI, too “Nigra Friendly” for Southern racists and a threat to the “business as usual” Corporate status quo. He was murdered on a Friday Afternoon in 1963 as my University suspended activities and I sat with friends stunned with grief listening to a car radio and puffing Marlboro’s. That day is etched permanently in my mind and the disturbing events that followed it throughout those turbulent 1960’s forever changed the way I viewed the world. Lee Harvey Oswald was improbably murdered as I watched on TV that Sunday; a flawed Warren Commission Report arrived filled with holes; the murder of Martin Luther King and then Bobby Kennedy; along with the prosecution of a vicious and illegal war; with all this my faith in American Democracy and exceptionalism faded into skeptical disbelief. Life for us ordinary citizens, however, still went on and pleasure, friends, lovers, spouses, families and careers took up most of our time and attention.  Nevertheless I devoured everything I could read about the JFK murder and indeed about the history taking place as I lived my mundane life. Recently a book brought all those strange feelings back to the surface and provided a possible explanation why our world seems so much crazier these days. Continue reading “A Real History of the Last Sixty-Two Years?”

Could The End Of Political Hate-Speech Be Due To a Fluke?

By Mark Esposito, Guest Blogger

Georgetown University Law Schooler Sandra Fluke may have been able to do something George Soros’ millions, a whole gaggle of Democratic strategists, and Al Franken’s book, Rush Limbaugh Is a Big Fat Idiot, couldn’t do – dethrone the King of Caustic in the court of public opinion.  She may have done something else, too. Something truly unexpected in red-blue battlefield where American politics is played. The feisty feminist may have just made political discourse civil again.

Continue reading “Could The End Of Political Hate-Speech Be Due To a Fluke?”

New York Times Under Fire Over Denial Of Anti-Islam Ad After Running Anti-Catholic Ad

There is an interesting controversy in New York where The New York Times ran an ad calling on Catholics to leave their church, but refused to run a similar ad targeting Muslims. Conservatives have jumped on what they say is a double standard. They may have a point.

Continue reading “New York Times Under Fire Over Denial Of Anti-Islam Ad After Running Anti-Catholic Ad”

Former Gay Porn Star Secures Right To Pursue Florida Teaching Certificate

We have been following a trend toward firing or disciplining public employees for their activities in their private lives, including statements made on Facebook or associations with unpopular groups. One group of employees are teachers and school employees who previously worked in the pornography industry (here and here). Shawn Loftis, 36, faced the same barrier to teaching due to his work as a gay porn actor as well as the director and owner of his own company, World of Men. After a campaign against him and a decision to bar him from teaching, Loftis secured a ruling that he could in fact return to teaching last Friday. He holds a master’s degree in public administration.

Continue reading “Former Gay Porn Star Secures Right To Pursue Florida Teaching Certificate”