Folks in Montana can still use Tok-Tok, for now, but the litigation of the state ban is likely not finished yet.
Judge Halts TikTok Ban in Montana - TikTok, which is owned by the Chinese company ByteDance, has been locked in a legal battl... - https://www.nytimes.com/2023/11/30/business/tiktok-montana-ban-blocked.html #regulationandderegulationofindustry #beijingbytedancetechnologycoltd #data-mininganddatabasemarketing #firstamendment(usconstitution) #freedomofspeechandexpression #suitsandlitigation(civil) #computersandtheinternet #decisionsandverdicts #mobileapplications #tiktok(bytedance) #montana
Group calls for Ryan Walters to resign over Oklahoma school prayer dispute
CCIA and its co-plaintiff NetChoice filed their #SCOTUS briefs today outlining how Florida & Texas #SocialMedia laws violate the #FirstAmendment. CCIA looks forward to being able to defend First Amendment rights that protect citizens & private businesses from being compelled to speak when the Supreme Court takes up this case early next year.
Today, CCIA & NetChoice filed briefs in their joint cases with #SCOTUS, describing the many ways that Florida and Texas’ social media laws violate the #FirstAmendment.
Today, CCIA & @NetChoice are filing briefs today in their joint cases with #SCOTUS, describing the many ways that Florida and Texas’ social media laws violate the #FirstAmendment.
The California Effect: when you’re finished reading PENAmerica’s report on California, take a look at how California has successfully passed into law first-of-their-kind policies that aid #FreeExpression #FirstAmendment #FreeSpeech #FreePress in the state.
The Florida Effect: read the PENAmerica report on how the state’s moves against #FreeExpression, #FreedomToRead, #FreeSpeech #FreePress #FirstAmendment in the form of “child protection” & “don’t say gay” laws have left schools with a 300 percent jump in job vacancies.
Supreme Court to consider giving First Amendment protections to social media posts.
The Supreme Court has agreed to hear five cases ending in 2024, that collectively give the court the opportunity to reexamine the nature of content moderation.
Donald #Trump, who insists he has a #FirstAmendment right to #threaten the judge overseeing his civil trial, and invite violence against the prosecutor and witnesses, wants the government to punish MSNBC for being mean to him. 🙄
“The #FirstAmendment does not allow our #state or our #schools to #remove #books or issue blanket #bans on #discussion and #material simply because a #group of #politicians or #parents find them #offensive,” said #ThomasStory, an #attorney with the #ACLUofIowa.
KSHB 41 attorney sends letter demanding the release of former #Marion police chief’s emails, texts https://www.kshb.com/news/local-news/investigations/kshb-41-attorney-sends-letter-demanding-the-release-of-former-marion-police-chiefs-emails-texts #freespeech #firstamendment #kansas
Robert De Niro tells Gotham Awards his #speech was edited (note the use of the word “edited.” He was not censored. Censorship is something the government does) without his knowledge #FreeSpeech #FirstAmendment
As Washington Post media reporter Paul Farhi points out, while it is illegal to leak grand jury information, it is not illegal for a news outlet to publish a story based on that leaked information. An outrageous breach of the First Amendment in Atmore, Alabama, where a reporter and the publisher of the weekly Atmore News face criminal charges for committing journalism. #FirstAmendment #journalism Free link: https://wapo.st/3sO8hyD
“It’s open season on #journalists,” this time in small town Alabama, where 69-year-old #reporter and 72-year-old #publisher are arrested, jailed. In other words, they’re being prosecuted by people they’ve known most of their adult lives. Small town officials feel emboldened by the financial troubles of #newspapers #legacymedia. #FirstAmendment #FreePress #FreeSpeech
Another #newspaper hit:
"The arrests shocked #legal scholars & #press advocates, who say it’s a violation of the #FirstAmendment to prosecute a newspaper for reporting the #news... they argue that District Attorney Stephen M. Billy misapplied #Alabama ’s secrecy #law, which criminalizes leaks by anyone directly involved w/a grand jury — jurors, witnesses, court officials — but not news outlets that publish the information."
Rep. #MikeGallagher (R-WI) is the latest hypocritical #Christofascist who doesn't understand that #Christianity isn't special, and doesn't own the public square. I hope he spends his #holiday #angry, and suffering from acid reflux caused by his ignorance of the #FirstAmendment.
New at Media Nation: NH publisher in political-ad case finally goes on trial. #FirstAmendment https://dankennedy.net/2023/11/24/nh-publisher-in-political-ad-case-finally-goes-on-trial/
Director of cancer center of major New York hospital fired after posting anti-Hamas political cartoons that included negative caricatures of Arabs—and a roundup of other doctors, professionals & #journalists who have lost their jobs after #speaking out on the Israel-Hamas war. #FreeSpeech #FirstAmendment https://www.nytimes.com/2023/11/24/nyregion/nyu-langone-cancer-doctor-fired-lawsuit.html?smid=nytcore-ios-share&referringSource=articleShare
A Los Angeles student sued the school district over her right to promote milk alternatives. She won a settlement
Musk’s Lawsuit Is About Destroying Free Speech
The point of this lawsuit is to intimidate anyone who speaks out against antisemitism, white supremacy and other forms of bigotry.
Defending Church-State Separation: A Conversation with Andrew Seidel
Join us for a captivating conversation with the esteemed Andrew Seidel, vice president of strategic communications for Americans United.
“the Court finds that Petitioners have established that Trump engaged in an #insurrection on January 6, 2021 through #incitement, and that the #FirstAmendment does not protect Trump’s speech”
“That should have been enough to conclude he was disqualified from future office under the #FourteenthAmendment.
Then came the fumble” https://newrepublic.com/article/177052/colorado-fumbled-trump-disqualification-case
Angelo Carusone, president of #MediaMatters, said in a statement, “This is a #FrivolousLawsuit meant to bully #X’s critics into silence.” He added that his org “stands behind its #reporting & looks forward to winning in court.”
X asked a federal court to order the advocacy group to take down its findings, accusing it of “manipulating the algorithms.”
(Irony is dead)
#ElonMusk #Musk #birdsite #FreePress #antisemitism #mmfa #media #FirstAmendment #1A #law #StopHate4Profit
Mike Johnson Says Americans 'Misunderstand' Separation Of Church And State
A reminder of the effect of Facebook's lawsuit on government tracking of misinformation or hate.
There is a valid tension between government surveillance and a platform's ability to harm society in the pursuit of either profit or power.
I think here (America's Lawyer) were being narrow minded.
How does a society balance conflicting needs?
Well my answer would be to not have private platforms providing a public necessity.
13 min video
Freedom from Religion Foundation #FFRF filed suit a month ago on behalf of a New Jersey resident against the NJ secretary of state for forcing candidates for public office to swear a mandatory religious oath in order to appear on the ballot. NJ has now agreed to accept a secular affirmation.
#separation_of_church_and_state #atheism #FirstAmendment
Safety-security concerns behind cancellation of showing of Jewish-made documentary critical of Israel at Hunter #College in NYC; #faculty, #students and staff call cancellation a violation of academic freedom, #FreeSpeech #FirstAmendment. Officials say film will be shown later. https://www.nytimes.com/2023/11/16/arts/israel-documentary-hunter-cancel.html?smid=nytcore-ios-share&referringSource=articleShare
Today in #highereducation in NYC: 2 #student, pro-Palestinian groups suspended at Columbia #University, #faculty walk out in protest; Jewish students file lawsuit against New York University, alleging antisemitic environment. NYU will establish center for studying antisemitism next year. #FreeSpeech #FirstAmendment https://www.nytimes.com/2023/11/15/nyregion/columbia-university-ban-student-groups-israel-hamas-war.html?smid=nytcore-ios-share&referringSource=articleShare
Judge tosses social platforms’ Section 230 blanket defense in child safety case - Enlarge (credit: ljubaphoto | E+)
This week, some of the bigge... - https://arstechnica.com/?p=1984148 #communicationsdecencyact #onlinechildsafety #childsafetylaws #firstamendment #socialmedia #section230 #instagram #facebook #snapchat #youtube #policy #google #tiktok #meta
Ars Technica: Judge tosses social platforms’ Section 230 blanket defense in child safety case https://arstechnica.com/?p=1984148 #Tech #arstechnica #IT #Technology #communicationsdecencyact #onlinechildsafety #childsafetylaws #FirstAmendment #socialmedia #Section230 #Instagram #Facebook #snapchat #YouTube #Policy #google #tiktok #meta
#AlanDershowitz advocates upending the world of #lawyers with the dangerous idea of requiring law firms to inform clients about a lawyer’s spolitical and personal beliefs and get their consent for representation.
#Dershowitz thinks it necessary and appropriate for a law firm to have its clients query the lawyer as to whether the lawyer supports the #Hamas action as an appropriate #military response to #Israel’s #occupation.
"We just witnessed overt violations of our civil rights on a road named after the U.S. Constitution. Atlanta claims itself to be a civil rights hub, but it erases its own legacy when protests arise that confront the power of politicians and police. The police's violence against protestors today affirms our belief that Cop City must never be built."
Conservatives are (partially) right about woke capitalism. It *is* a threat to democracy. Concentrating the power to decide who gets to speak and what they get to say into the hands of five or six corporations, mostly run by mediocre billionaires, *is* bad for society. The moderation decisions of giant platforms *are* a form of (commercial) censorship, even these don't violate the #FirstAmendment:
She became a #librarian because she loved to #read. But that was before Florida came out with 79 pages of regulations on what was allowed in a school #library. This long story, tracing one woman’s odyssey through the #book #bans, is getting a lot of attention. #FirstAmendment #FreedomToRead #FreeSpeech #FreePress https://www.washingtonpost.com/nation/interactive/2023/florida-book-bans-school-rules/
"New House Speaker #MikeJohnson (R-La.), for example, said in a Fox News interview: “‘...go pick up a Bible off your shelf and read it — that’s my worldview...”
Which is his rule book: the Constitution or the Bible? He should tell us."
“Defendants' #FirstAmendment arguments in opposition to the imposition are wholly unpersuasive. This #GagOrder is as narrowly tailored as possible to accomplish its purpose, which is to protect the #safety of my staff & promote the orderly progression of this #trial. …I will not tolerate, under any circumstances, remarks about my court staff. The #threat of, & actual, #violence resulting from heated political rhetoric is well-documented.
In Judge #Chutkan’s decision to reimpose the restrictions, she wrote, “The #FirstAmendment rights of participants in #criminal proceedings must yield, when necessary, to the orderly administration of #justice,” She said Trump “simply fails to acknowledge … evidence” that his public statements are often followed by #harassment & #threats against the people he singles out.
“It was about saying all of our struggles are interconnected,” so when #museum dedicated to Puerto Rican and Latin American art asked #artists to remove a Palestinian flag from a sculpture/installation, they said no. With predictable results that followed. #FreeSpeech #FirstAmendment https://www.nytimes.com/2023/10/25/arts/design/el-museo-del-barrio-artwork-palestinian-flag.html?smid=nytcore-ios-share&referringSource=articleShare
Australians Call to End Long Persecution of WikiLeaks’ Julian Assange
As Julian Assange has nearly exhausted his appeals against a US extradition order, Australia has ramped up its advocacy on his behalf.
Florida interprets it ban on DEI initiatives as " apply[ing] to all campus programs and activities in which the college or university “endorses or promotes a position” on “topics that polarize or divide society among political, ideological, moral, or religious beliefs, positions, or norms.”" https://newrepublic.com/article/176402/desantiss-war-woke-colleges-absurd-dangerous
It is hard to overstate how unconstitutional this is.
"In moments like these — when fear & suspicion, anger & rage, run hard — we have to work harder than ever to hold onto the #values that make us who we are. We're a nation of #ReligiousFreedom, #FreedomOfExpression. We all have a right to debate & disagree..."
Defend Freedom: Safeguard Diverse Voices
#freespeech #doxxingiscriminal #firstamendment
“Now, let me be clear: Mr. #Trump may still vigorously seek public support as a presidential candidate, debate policies & people related to that candidacy, criticize the current administration, & assert his belief that this prosecution is politically motivated.
There are 2 ways #Trump could bring a #FirstAmendment challenge to Judge #Chutkan’s #GagOrder. He could #appeal it now, saying it is an unconstitutional prior restraint on his free speech rights in the abstract. Or, if he later says something that she decides crossed the line & she imposes a sanction, like fining him, he could appeal that punishment in the context of whatever he specifically said.
New at Media Nation: Presenting a New England Muzzle Award to police officers in Nashua, N.H., for removing a teenage journalist from a Republican event. #FirstAmendment. https://dankennedy.net/2023/10/16/a-muzzle-for-the-officers-who-removed-a-teenage-journalist-from-a-gop-event/
“Justice” Clarence Thomas, the subject of #factual reports of his receiving money and gifts from conservatives who have business before #SCOTUS, wants to get rid of landmark #libel precedent so public figures can more easily sue #journalists. #FirstAmendment #FreePress https://www.nytimes.com/2023/10/10/us/clarence-thomas-libel-supreme-court.html?smid=nytcore-ios-share&referringSource=articleShare
The Lewis County Commissioner's meeting including the hearing (first few minutes) on Sean Swope's rating system proposal just wrapped. https://www.youtube.com/live/Aozin6vuYE8?si=VlBXn4ohMn1xp_c8
Some good pushback from the community. Notable exchange between two commissioners:
Pollock: "I didn't find Hustler in the childrens section."
Swope: "This is not a comical time."
#PENAmerica, which #supports and #protects #FirstAmendment #rights for #writers and #journalists, reported that more than 3,300 #books were #banned in #publicschools during the 2022-2023 #schoolyear — a 33% increase from the previous school year.
The Timberland Regional #Library's Director of Content and Access, Andrea Heisel, issued this response to the proposal.
@fuzztech Americans threw out an army of foreign despots to gain independence, only to see units of domestic despots grow up to fight Americans' constitutionally enshrined self-determination, human & civil rights?
#MajorityRule #SupremacyClause #CommonGood #CommonGround #DefendDemocracy #HumanityMatters #YourVoiceMatters #YouMatter #RaiseYourVoice #FirstAmendment #BookBans #BookBurning #GOPInsurrection
Gideon Cody, the police chief who ordered the raid on the offices of the Marion County Record in Kansas as well as two private homes, has at long last been suspended. #FirstAmendment http://marionrecord.com/direct/mayfield_reverses_position_suspends_cody+5502breaking3+4d61796669656c6420726576657273657320706f736974696f6e2c2073757370656e647320436f64793c212d2d2d2d3e?
#5yrsago UK Tories created a secret anti-#Corbyn Twitter army, which promptly attacked Theresa May https://www.buzzfeed.com/alexspence/these-leaked-messages-show-how-tory-hq-used-a-twitter-army
#1yrago #FederalistSociety v #CorporatePersonhood: Corporations don't have #FirstAmendment rights except when they're making political donations, refusing to bake cakes, or blocking birth control https://pluralistic.net/2022/09/27/freeze-peach/#paxton
The most high-profile effort, a #lawsuit known as #MissouriVBiden, is now before #SCOTUS, where the #Biden admin seeks to have the high court block a ruling from the US Court of Appeals for the #5thCircuit that found the #WhiteHouse, #FBI & top federal #health officials likely violated the #FirstAmendment by improperly influencing #tech companies’ decisions to remove or suppress posts on the #coronavirus & #elections.
I wrote a letter to the principal similar to this one on my Instagram. Bibles were handed out at a public school in Creedmoor, NC. It's not right. Idk what else to do. Send something to papers?
As sad as the removal of this positive #LGBTQ #mural in this #Michigan school will be --- positively, the censors aren't really winning, as this young artist's work is being seen around the world, and inspiring so many. #Censorship #FirstAmendment #AcademicFreedom
A history of the defunct #Library Awareness program, the Connecticut Four, and attempts through the Patriot Act to find out who is checking out what from libraries. “#Censorship and privacy are the fruit of the same knotty vine,” article says. Be aware of the government’s ability to track what you #read. #FreedomToRead #FirstAmendment #FreePress
Opinion: New Texas law deprives families of religious liberty rights | CNN
New at Media Nation: Four indicted on federal harassment and vandalism charges targeting New Hampshire Public Radio journalists. #FirstAmendment #journalism https://dankennedy.net/2023/09/08/four-indicted-on-federal-harassment-and-vandalism-targeting-nhpr-journalists/
The right to peacefully assemble and #protest is sacrosanct, New York Attorney General says, explaining a legal settlement w/the NYPD to prevent them from “kettling” #protesters and then arresting them. #FreeSpeech #RightToAssemble #RightToProtest #FirstAmendment https://www.nytimes.com/2023/09/05/nyregion/nypd-settlement-protesters-penning.html?smid=nytcore-ios-share&referringSource=articleShare
“We are up against a bunch of rich people who don’t want to see #homeless people anywhere near their stuff.”
Volunteers with #Houston Food Not Bombs are going to court to fight an anti-food sharing ordinance which they say violates their First Amendment rights, reports Staff Writer Michelle Pitcher in our latest article: https://www.texasobserver.org/houston-food-not-bombs-trial/
We beat The Satanic Temple’s incompetent defamation claim in federal court because “criticizing someone’s religious/political beliefs” is protected speech.
That doesn’t change when it’s a church beseeching the state to punish speech that allegedly interferes with the church’s donation stream.
New at Media Nation: Kansas publisher tells SPJ-New England, “We might even report a little more aggressively because of this.” #LocalNews #FirstAmendment https://dankennedy.net/2023/08/28/kansas-publisher-tells-spj-we-might-even-report-a-little-more-aggressively-because-of-this/
"their confrontation in April marked an escalation in long-running tensions between a group of local #journalists and the officials and community members they cover that would boil over through the summer.
The small-town intrigue might have stayed in a small town, though, had Cody not... led half a dozen officers on an Aug. 11 raid of the Record’s offices and the home of its editor and publisher"