Free Speech Roundup: Month of August, 2018

A summary of the top free speech related news and events from the past month. This month we have news on college lawsuits, a Bangladeshi photojournalist arrested, a professor sanctioned, Ontario affirming free speech on college campuses, and Alex Jones.

Freedom of speech is the right from which all other human rights follow because it allows people to address grievances and protest for their other rights. It is therefore of the utmost importance to protect the right to express oneself freely from those who seek to restrict it.

Bangladeshi Photojournalist Arrested

https://www.theguardian.com/world/2018/aug/06/famed-bangladeshi-photographer-held-over-road-protest-comments
Internationally-recognized Bangladeshi photojournalist Shahidul Alam was arrested for “provocative comments” made during an interview about student protests. The protests about road safety turned violent as police and demonstrators clashed in the streets. Alam was charged under the draconian section 57 of Bangladesh’s Information Communications Technology Act which prohibits electronic communication disparaging of the state. He comments were critical of the government’s repression of public demonstrations. Alam was arrested at his home after his comments were aired in the al-Jazeera interview and reportedly assaulted by authorities while in custody. Amnesty International called for his immediate release and an end to the crackdown on protests against the government.

Judge Allows Lawsuit Against College To Continue

https://www.thefire.org/dodge-city-cant-dodge-due-process-and-free-speech-lawsuit/
Kansas student Lyle VanNahmen filed a lawsuit alleging violations of his due process and First Amendment rights. Federal Judge Eric F. Melgren rejected the motion to dismiss by Dodge City Community College. VanNahmen met with college president Dr. Harold Nolte on Dec. 5, 2016 to speak against a proposed land deal for retail development. Nolte alleges that while “VanNahmen did not curse at or physically assault him,” his “voice was raised and the encounter left Nolte feeling threatened.” VanNahmen received a charge letter alleging he violated provisions against threatening behavior, but it did not specify what behavior. He was suspended for four years, which was affirmed on appeal. Judge Melgren allowed the lawsuit to move forward, writing that “the Court concludes that he has adequately pleaded a procedural due process violation based on a lack of notice.”

Rutgers To Review Ruling Against Professor

https://www.thefire.org/rutgers-president-orders-review-of-ruling-against-professor-for-facebook-posts-about-white-gentrification-in-harlem/
Rutgers President Robert L. Barchi ordered a review of the ruling against Professor James Livingston. Livingston had been found guilty of violating University policy prohibiting discrimination and harassment for posts about white gentrification in Harlem. In two Facebook posts on his personal account on May 31st and June 1st, Livingston wrote, “OK, officially, I now hate white people. I am a white people, for God’s sake, but can we keep them–us–us out of my neighborhood?” and “I just don’t want little Caucasians overrunning my life … remand them to the suburbs, where they and their parents can colonize every restaurant.” FIRE wrote to Rutgers arguing that “Professor Livingston’s Facebook posts to his personal account amounted to speech on a matter of public concern - namely, gentrification and race - and are certainly protected by the First Amendment.” President Barchi instructed the university’s Office of Employment Equity to “more rigorously analyze the facts and assumptions underlying its conclusions.”

Alex Jones Removed From Multiple Platforms

https://www.theguardian.com/technology/2018/aug/06/apple-removes-podcasts-infowars-alex-jones
In a seemingly coordinated move, Facebook, Apple, YouTube, and Spotify all removed accounts associated with Alex Jones and Infowars in the same day. The reasons cited for removal were vague violations of the community standards centering around alleged hate speech. Twitter was the only major platform to defend Jones’ account initially, but later suspended him for threatening posts. As private companies, these platforms have the right to remove users for any reason. The concern is that the rules against hate speech are vague and enforced arbitrarily, not evenly. A handful of companies have a great deal of power to suddenly and without clear explanation remove a person’s online presence from the modern day public square.

Ontario Orders Colleges To Develop Free Speech Policies

https://london.ctvnews.ca/develop-free-speech-policies-or-face-funding-cuts-ontario-tells-colleges-1.4075345
The Ontario government ordered provincial colleges and university to develop free speech policies by the start of next year or face funding cuts. The initiative delivers on a campaign promise by Premier Doug Ford to deal with controversies where conservative speakers came under fire for their views. The policies “must include a definition of freedom of speech and adhere to principles based on the University of Chicago Statement on Principles of Free Expression.” The Chicago Statement affirms colleges and universities as places for free and open discussion. Opponents are concerned about the unclear consequences for schools if disruptions take place and that it “opens the door for groups to spew hate.”

Court Rules In Favor Of University In Free Speech Case

https://www.thestate.com/news/local/education/article217384630.html
A federal appeals court agreed with a federal judge who dismissed a lawsuit against the University of South Carolina by student groups. The College Libertarians and Young Americans For Liberty had filed a lawsuit accusing the university of violating their free speech rights through actions which “chilled” free speech. The groups held a university-approved “Free Speech Event” in November 2015 featuring imagery such as swastikas. Following complaints filed about the event, administrators required organizers to attend a meeting to justify the use of the offending imagery. The claims were not investigated further and no actions were taken against the student groups. The court ruled that the meeting was not enough to “chill” free speech and violate the First Amendment.

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Recent Free Speech Roundups:

Free Speech Roundup: Month of July
Free Speech Roundup: Week of June 24th, 2018
Free Speech Roundup: Week of June 17th, 2018
Free Speech Roundup: Week of June 10th, 2018
Free Speech Roundup: Week of June 3rd, 2018

Other Free Speech Posts:

Count Dankula Sentenced
UK Speech Police Offended Again
Lèse-majesté: Archaic Anti-Speech Law
California Bill Threatens Online Press and Speech
UK Parliament Report on Campus Free Speech
Thoughtcrime in the UK?
New Study Shows College Students Conflicted on Free Speech
Who is most supportive of free speech?
Campus Free Speech Zones
Hitchens on Free Speech - Must Watch

Free Speech Resources:

The Foundation for Individual Rights in Education
The American Civil Liberties Union
Notable 1st Amendment Cases – ALA
Milton’s Areopagitica – Modern English Translation
On Liberty by John Stuart Mill – Audiobook

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
~ First Amendment to the Constitution of the United States