First Amendment Friday: January 27, 2017

January 27, 2017 Featured, First Amendment Fridays Comments (0) 291

Congratulations, Internet! We made it to another Friday, a whole week into the Trump Presidency. Only… 207 more weeks to go. Hoo boy.

It did take almost an entire week for Steve Ganondorf Bannon to declare the press officially “the opposition party.” In the meantime, Trump and his surrogates have mainly stuck to veiled threats toward the “media.” American reporters may all be headed to re-Ned-ucation soon, but so far it’s all talk. So let’s turn the eyes of liberty elsewhere.

[A brief aside: I have a Patreon page, and I would love your support! I’ve been blogging for more than ten years here, and have never yet turned a profit. Patreon makes it very easy to commit to as little as one dollar a month, so if you like what I’m putting into the world, please consider becoming a patron!]

Women be Marchin’

The Women’s March on Washington, and worldwide “sister marches” on Saturday, January 21, were very likely the largest protest action in the history of… well, the world. Estimates put the number of marchers in the United States between 3.3 and 5.4 million. That’s roughly one to two percent of the nation. and worldwide estimates range from around 250 to 350 thousand. Good job, everybody!

I marched in the New York City Women’s March. You can see some of my photos here, and read some suggested next steps for marchers who may be wondering where to put that energy now.

Side note: I only today learned that there was a Women’s March in the French Revolution, in which the ladies marched on Versailled and evicted the King. I don’t know if that reference was intentional, but I sure hope so.

PA Supreme Court Hears Rapper Charged with Threatening Police

The Pennsylvania Supreme Court is considering the case of Jamal Knox, who raps under the name Mayhem Mal. Knox, a 22-year old resident of Pittsburgh’s East Liberty neighborhood, was arrested and charged after, well…

“The case began with an April 2012 traffic stop in the city’s East Liberty section, when Knox, now 22, drove away after telling an officer he did not have a valid driver’s license. Following a chase in which he hit a parked car and a fence, police found 15 bags of heroin and $1,500 on Knox and a stolen, loaded gun in the vehicle.”

Yikes. But none of that is what this case is about! Seven months after that, police found a rap video on YouTube in which they say Knox threatened them. Knox’s lawyers say the video is a protest, and protected free speech under the First Amendment. Police counter that the lyrics, which include references to “cop killer” bullets and Richard Poplawski (who killed three Pittsburgh officers in 2009) constitutes a true threat.

For more on Knox’s case, Lily Hirsch has a terrific write-up over at The Establishment.

Third Time’s a Charm for Colorado Religious Discrimination Bill

The Colorado House has, for the third time in three years, defeated attempts to pass a “Religious Freedom Bill” that would legalize discrimination.

We’re going to see a lot of these in 2017, so get ready. “Religious Freedom,” in this context of course, means turning gay people away from your business. Because as Jesus said, it is easier for a fat man to fit through the eye of a needle than to bake a cake for two dudes getting married. Or something like that.

Meanwhile, back in Pennsylvania, a restaurateur in Annville allegedly kicked out a black student after calling him a racial slur. The student, Rickey Lee Bugg Jr, says the owner of Just Wing It told him “Trump’s President… so I can say what I want.”

In point of fact, that is not [yet] the case. But who knows? Once they get a taste of legalizing discrimination, the GOP may try to push us all the way back to the 1950s.

Quick note here for the unaware. The First Amendment does not apply to speech or expression in pursuit of profit. That’s considered commerce and therefore, under the Constitution itself, may be regulated.

Federal Court Hears Suit on Concealing Actors’ Ages

Maybe it’s insensitive of me, but I’m going to call this the “Jenna Maroney” Law.

A federal court is hearing a challenge to a California law, passed last year, that prohibits commercial casting websites from listing actors’ ages. The law was promoted by Screen Actors Guild President Gabrielle Carteris, who was 29 when she landed the role of 17-year-old Andrea Zuckerman on Beverly Hills, 90210. Carteris was able to conceal her age, but believes that sites like IMDB today deny actors that opportunity.

Most experts warned California legislators at the time of passage that the law wouldn’t withstand scrutiny. The First Amendment protects the right to list virtually any information, including the age of an actor. If you’re an actor going out for a part that is *ahem* a bit young for you, better act fast.

 

Continue Reading

First Amendment Friday: Nov 14 2014

November 14, 2014 First Amendment Fridays Comments (11) 1922

I haven’t done one of these in a while, but if Europe can land a robot on a comet then by God I can read my Google alerts and present my little Constitutional digest. As we end a week in which TIME magazine suggests banning the word “feminist” and a celebrated emerging sci-fi author is revealed as one of the Internet’s most nefarious trolls, it seems appropriate to take a look at what’s happening worldwide with the rights to speech, assembly, and expression:

Continue Reading

First Amendment Friday: 05.02.2014

May 2, 2014 ACLU, Gay and Lesbian, Politics / Religion Comments (0) 122

This is a feature I started in my time working for the ACLU, that seems worth continuing here. It’s a roundup of news stories about First Amendment rights, not only from the United States but other parts of the world where such rights may not be guaranteed. As with any roundup of news stories, please consider the integrity of the linked source–I try not to link articles that feel bogus, but sometimes stories slip through.

  • In a new book, retired Supreme Court Justice Paul Stevens suggests six new amendments to the U.S. Constitution, including a revision to the First Amendment that would place “reasonable limits” on political campaign contributions. [NPR]
  • The NCAA believes the First Amendment gives them the right to profit from using the images of the players it doesn’t pay and doesn’t educate in video games, and they want the Supreme Court to agree. [Bloomberg]
  • Several Christian groups that perform same-sex weddings, including the United Church of Christ, have sued North Carolina because the state’s marriage equality ban, enacted through both state law and the state constitution, violate their religious freedom under the First Amendment. [Wall Street Journal]
  • Defense attorneys for alleged gang leader Ronald Herron argue that his rap recordings, in which prosecutors claim he journaled his crimes, are in fact protected free speech, analogous to Johnny Cash’s “Folsom Prison Blues,” and inadmissible at trial. [AP]

Continue Reading

Continue Reading

First Amendment Friday: 04.25.14

April 25, 2014 In The News, Politics / Religion Comments (0) 120

This is a feature I started in my time working for the ACLU, that seems worth continuing here. It’s a roundup of news stories about First Amendment rights, not only from the United States but other parts of the world where such rights may not be guaranteed. As with any roundup of news stories, please consider the integrity of the linked source–I try not to link articles that feel bogus, but sometimes stories slip through.

  • Eight rappers who sell CDs of their music in Times Square are suing the NYPD, saying the police violate their free speech and target them unfairly for persecution and arrests. [AllHipHop]
  • Dallin H. Oaks, a leader of the LDS Church, says he believes protections for religious freedom of speech are eroding. [AP]
  • A Pennsylvania student’s family is suing after administrators removed religious notes he inserted into Valentine’s Day cards. [The Express Times]

Continue Reading

Continue Reading

First Amendment Friday: 4.16.2014

April 18, 2014 Politics / Religion Comments (0) 91

[wp_ad_camp_1]

This is a feature I started in my time working for the ACLU, that seems worth continuing here. It’s a roundup of news stories about First Amendment rights, not only from the United States but other parts of the world where such rights may not be guaranteed. As with any roundup of news stories, please consider the integrity of the linked source–I try not to link articles that feel bogus, but sometimes stories slip through.

 

 

  • The U.S. Supreme Court will consider an Ohio case that could make it illegal to lie in a political campaign. At least two Justices, by the way, have previously indicated their belief that the First Amendment does not protect “factually untrue statements.”
  • A bipartisan group of Congressional Representatives has sent a letter criticizing the Air Force for unconstitutional violations of religious freedom and urging them to revise regulations.
  • The Hugh Hefner Foundation has announced the 2014 winners of their First Amendment Awards, including Glenn Greenwald, Mary Beth Tinker, and a lifetime achievement award for NYU Professor Norman Dorsen. The Foundation has presented their First Amendment Award since Playboy magazine’s 25th anniversary in 1979.
  • The Virginia Supreme Court will weigh in on whether business owners may sue Yelp reviewers for libel.
  • First Amendment Zones,” often-controversial restrictions on the time and place of public protest, met new criticism at the Nevada Cattle Ranch standoff. Their ensuing removal received praise from the ACLU.

Continue Reading

Continue Reading