Free Speech Roundup: Week of May 20th, 2018

snaves (39)in #freespeech • 6 years ago (edited)

Free Speech Roundup 052018

A summary of the top free speech related news and events from the past week. This week we have news on Trump's Twitter blocking, NFL anthem protests, a legal motion, and student lawsuits.

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.

Judge Rules Trump’s Twitter Blocking Unconstitutional

https://www.washingtonpost.com/news/the-switch/wp/2018/05/23/trump-cannot-block-twitter-users-for-their-political-views-court-rules/?utm_term=.8bf6d1cad4ab
https://www.washingtonpost.com/news/morning-mix/wp/2018/05/24/trump-twitter-ruling-what-it-takes-to-get-blocked-by-the-president/?noredirect=on
A federal judge ruled that it is unconstitutional under the First Amendment for President Trump to block people from his Twitter account for expressing their political opinions. Judge Naomi Buchwald agreed with the lawsuit brought by 7 individuals and the Knight First Amendment Institute at Columbia University that Trump’s tweets constitute a “designated public forum.” However, the judge did not order the president to unblock users, choosing instead to use the ruling to simply clarify the law. Trump could be exposed to future litigation should he choose to not respect the ruling. The Justice Department argued Trump was acting in a personal capacity, but Buchwald said the replies to his tweets are a public forum because it is “generally accessible to the public” and he uses the account in an official presidential capacity. While the ruling is targeted at Trump’s account and is not binding for other public officials, it may have future implications for them.

NFL Bans Anthem Protests

http://www.espn.com/nfl/story/_/id/23582533/nfl-owners-approve-new-national-anthem-policy
https://reason.com/blog/2018/05/24/nfl-trump-national-anthem-free-speech
The NFL adopted a new policy requiring players to either stand for the national anthem or remain in the locker room. Players or teams would be subject to fines if found in violation. The policy comes as a response to the recent protests by some players where they took a knee during the anthem. NFL commissioner Roger Goodell said, “We want people to be respectful of the national anthem. We want people to stand - that's all personnel - and make sure they treat this moment in a respectful fashion.” NFLPA executive director DeMaurice Smith opposed the new rule, saying “Management has chosen to quash the same freedom of speech that protects someone who wants to salute the flag in an effort to prevent someone who does not wish to do so.” The NFL is a private business not subject to the First Amendment, but this rule still goes against the spirit of free speech.

Motion Accuses City Of Free Speech Violation

http://www.latimes.com/socal/daily-pilot/news/tn-dpt-me-antislapp-petition-20180523-story.html
An anti-SLAPP motion filed in Orange County accuses the city of Huntington Beach of violating a man’s free speech rights by trying to stop him from circulating a petition. Anti-SLAPP (strategic lawsuit against public participation) legislation protects against attempts to burden critics with legal expenses. Huntington Beach requested an injunction against Daniel Horgan for his petition seeking a local ban on semiautomatic and automatic guns. City Attorney Michael Gates argued that the proposal, which is not close to receiving enough signatures, was “unconstitutional, invalid and not entitled to a place on the ballot.” Horgan’s attorney, Jerry Friedman, argues the city waited months after the initial intent to circulate the petition, the city faced no injury, and that the injunction is “premature” and “wasting everyone’s time.”

Student Sues Over Suspension For Border Wall Shirt

https://www.usatoday.com/story/news/politics/onpolitics/2018/05/25/student-lawsuit-trump-t-shirt/645771002/
An Oregon high school student is suing his school for violating his First Amendment rights by suspending him for wearing a political T-shirt. He wore a "Donald J. Trump Border Wall Construction Co." shirt featuring the phrase "The wall just got 10 feet higher" to a class discussion on immigration issues. He initially covered up the shirt after one teacher and one student reported being offended, but then removed his jacket to express his rights and was removed from school. His attorney stated that “He was told he offended them but that's a far cry from being disruptive and it is certainly a far cry from violating school policy, let alone what is clearly First Amendment free speech law.” ACLU Oregon Legal Director Mat dos Santos agreed, saying “This shirt is mean spirited, but it isn't a 'disturbance' under First Amendment case law.”

Student Loses Bid To Walk In Graduation

http://www.kansascity.com/news/local/article211961864.html
A Kansas City high school student lost his last-ditch effort in federal court to reverse his school’s decision to ban him from the graduation ceremony. He was suspended for 3 days and banned from graduation for a senior prank where he listed his school for sale at a low price on Craigslist. The ACLU filed a lawsuit on his behalf against the school district saying his free speech rights were violated. The satirical ad created trouble because it said, “The reason for the sale is due to the loss of students coming up.” It clearly refers to the loss of graduating students, but district officials interpreted it as a possible threat. The judge ruled in favor of the school district and their argument that the prank “created a substantial and material disruption of the educational environment.”

What do you think about these stories? Leave a comment below!

Recent Free Speech Roundups:

Free Speech Roundup: Week of May 13th, 2018
Free Speech Roundup: Week of May 6th, 2018
Free Speech Roundup: Week of Apr. 29th, 2018
Free Speech Roundup: Week of Apr. 22nd, 2018
Free Speech Roundup: Week of Apr. 15th, 2018

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

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