ThinkProgress Logo

Stories tagged with “free speech

Justice

Scalia ‘Abhors’ Landmark Free Speech Decision

New York Times v. Sullivan is one of the two or three most important free speech cases in American history. In essence, New York Times held that reporters and other individuals cannot be held liable for making unintentionally false statements against public figures so long as they do not do so with “reckless disregard of whether [their statement] was false or not.” Without this decision, every writer, reporter and blogger in the country would live in constant fear that if they relied on the wrong source or made any of a number of innocent mistakes, the result could be financial ruin.

Indeed, nothing highlights the danger of a different legal regime more than the facts of the New York Times case themselves. Civil rights advocates ran an ad in the New York Times that includes a number of trivial factual errors, such as claiming Dr. Martin Luther King, Jr. had been arrested seven times when in fact he at only been arrested four times when the ad ran. Based on these minor errors, an Alabama court ordered the New York Times and the civil rights leaders to pay $500,000 in a transparent effort to shut down speech critical of Jim Crow — a practice which was very common in the segregationist south. So New York Times v. Sullivan did not simply protect journalism generally, it ended the apartheid states’ practice of deliberately intimidating people who report on civil rights by awarding massive libel awards to segregationists.

During a recent Charlie Rose interview, Supreme Court Justice Antonin Scalia had this to say about the decision:

One of the evolutionary provisions that I abhor is New York Times v. Sullivan. It made a very good system that you can libel public figures at will so long as somebody told you something — some reliable person — told you the lie that you then publicized to the whole world. That’s what New York Times v. Sullivan says. That may well be a good system and the people of New York state could have adopted that by law, but for the Supreme Court to say that the Constitution requires that — that’s not what the people understood when they ratified the First Amendment. . . .

The issue is “who decides?” Who decides what’s right? And it’s the people. The background rule is democracy, and the rule of democracy is the majority rules.

Watch it:

Scalia’s professed love of democracy is admirable, but the truth is that Scalia only believes in the democratic process when democracy does what he wants it to do. He was one of the five justices who voted to give the presidency to George W. Bush, and he voted to strike down the Affordable Care Act based on reasoning that, in the words of a leading conservative judge, had no basis “in either the text of the Constitution or Supreme Court precedent.”

Justice

Justiceline: December 4, 2012

Welcome to Justiceline, ThinkProgress Justice’s morning round-up of the latest legal news and developments. Remember to follow us on Twitter at @TPJustice

  • The U.S. Supreme Court heard arguments Monday in an environmental protection case that was materially altered when the EPA issued a new regulation on the issue than 72 hours before argument. Chief Justice John Roberts expressed frustration at the sudden change, but the government had actually argued in May that the court not take the case because of the expected agency rules change.
  • A federal appeals court in New York rejected the conviction of a pharmaceutical sales representative for promoting “off-label” use — a practice in which reps recommend the use of prescriptions for purposes other that for which they received FDA approval. The U.S. Court of Appeals for the Second Circuit said the ban on the practice punished honest representations and violated the First Amendment.
  • In another decision coming out of the Second Circuit, a panel upheld a $1 million settlement for a school district’s failure to address continued racial harassment against a high school student.
  • The Huffington Post reports on the continuing federal judicial vacancy crisis that has emerged since President Obama took office.

Justice

Justiceline: November 27, 2012

Welcome to Justiceline, ThinkProgress Justice’s morning round-up of the latest legal news and developments. Remember to follow us on Twitter at @TPJustice

  • The U.S. Supreme Court declined to weigh in yesterday on the constitutionality of an Illinois law that makes it a felony to record audio of police officers. The federal appeals court had blocked the law, one of the harshest in the country, as a First Amendment violation, and will now decide whether to make the injunction permanent. The court also declined to consider whether criminal defendants have a constitutional right to assert an insanity defense. 
  • In a novel case, a Pennsylvania federal district court held that individuals who steal others’ Wi-Fi can be subject to police surveillance even through another person’s IP address.
  • In Ohio, a federal judge ruled that a death row inmate cannot delay his execution because he is severely overweight.
  • Sociologist Philip Cohen explains why single mothers can’t be scapegoated for the murder rate anymore.
  • The Washington Post editorial board urges the Department of Justice not to file a legal challenge against the new marijuana laws in Washington and Colorado, and to refrain from prosecuting those individuals complying with the state laws. It also endorses decriminalizing possession of small amounts of marijuana — a step short of the legalize and regulate model adopted by Washington and Colorado.
  • Meanwhile, New Jersey has imposed a temporary ban on a form of synthetic marijuana.

Security

Fox News Hypes Supposed Threat Of The U.N. Stealing The Internet


Fox News has a new reason to attack the United Nations: the U.N., under the leadership of Russia, China, and Iran, is dangerously close to taking over control of the Internet, stifling free speech around the world. Fortunately for Internet users, this is not actually the case.

Fox’s Megyn Kelly interviewed The Lawfare Project’s director, Brooke Goldstein, on the grave threat that the United Nations poses to the freedom of the Internet:

KELLY: [Countries like China and Russia] already crack down, they censor the Internet already to some extent in their respective countries. So how much more control do they want?

GOLDSTEIN: Well, they want legitimacy and they want coordinated control. What this is going to result in, people are predicting at the very worst, is a fractured internet. It is an Internet that changes depending on whose borders you’re in. What it’s also going to result in are high-levels of taxes for internet providers. So U.S-based companies like Google or Yahoo who want to provide their services to Russia, to China, are more taxed. And that’s going to be an incentive not to provide it. It will also provide a highly coordinated censorship, something that we’ve seen before, and again it will be legitimized by the United Nations.

Watch the full interview here:

Fox is correct in noting that next month will be the start of the World Conference on International Telecommunications in Dubai, hosted by the International Telecommunications Union, the oldest part of the U.N. system. They are also correct that states such as Russia and India are in fact in favor of the United Nations having more direct control over the governance of the Internet. That’s about where the accuracy ends.

As Kelly reluctantly admit during the segment, the United States is opposed to this proposal. That didn’t stop her from managing to critique the Obama administration for not leading the opposition towards the measure.

Despite Fox’s fretting, the real purpose of the conference is far more mundane than they let on. According to the Better World Campaign, a part of the United Nations Foundation, the conference is based primarily around such technical issues as “fair mobile roaming charges; how to prevent taxation on mobile users from two different countries when receiving an international call; how to prevent spam; and basic cyber-security.” The majority of time and effort will go into updating the International Telecoms Regulations, a process that requires consensus.

The fact is that Russia and other states have been trying for a decade to move control of the Internet from non-profits to intergovernmental organizations where they would have more control; they have failed to do so each time. What’s more, the stance of these states runs against adopted U.N. policy, with the U.N. Human Rights Council having declared free and open internet access a human right earlier this year. In addition, preparatory documents that leaked back in June showed no sign of anything on the agenda that would indicate that a takeover was even close to being at hand.

Update

Drudge also gets in on the anti-U.N. game:

NEWS FLASH

ACLU Sues Utah School For Banning Gay-Inclusive Children’s Book | The ACLU has filed suit against Utah’s Davis School District for banning the children’s book In Our Mothers’ House in its elementary school libraries. Back in June, a small group of 25 parents petitioned the school that the book, which features a family with two moms, “normalizes a lifestyle we don’t agree with.” The school complied and agreed to keep the book off shelves, storing it instead behind the library counter and only allowing students to check it out with a parent’s written permission. The suit argues that parents can limit what their own children read, but that it’s unconstitutional to let them restrict books for everybody else.

LGBT

Ohio School Disciplines Students For Wearing ‘Straight But Supportive’ T-Shirts

Last week, two students at Celina High School celebrated “Twin Day” with T-shirts that read “Lesbian 1″ and “Lesbian 2,” but they were forced to remove them. In response, some 20 students went to school Tuesday wearing home-made T-shirts that read “I Support… [Rainbow] Express Yourself” and “Straight but Supportive,” a show of support organized by sophomore Jimmy Walter. Assistant Principal Phil Metz forced all the students to remove the shirts because they were “political,” and those who did not were given detention with the threat of suspension.

Though Metz and Principal Jason Luebke have yet to respond, Superintendent Jesse Steiner offered this weak defense for the disciplinary action:

STEINER: The only reason they would be told that they couldn’t wear something is if it is a disruption of the educational process, or if it’s not allowed in the handbook. And there’s a line in our handbook about drawing undue attention to yourself.

It’s true that the student handbook limits dress that could “materially interfere with school work, create disorder, or disrupt the educational program,” but Steiner’s interpretation of that policy in this case is grossly unconstitutional.

ACLU Ohio points out that this is considered a “heckler’s veto,” an attempt to shut down free speech that the administrators in the very conservative district happen to disagree with. Erick Warrner, a Celina junior who brought attention to this situation on Reddit, points out that plenty of “political” dress is regularly tolerated at the school, including “Students for Life” anti-choice T-shirts with pictures of fetuses, as well as blatantly political shirts supporting Mitt Romney for President or calling President Obama a socialist. In fact, just this week the school hosted a Romney campaign event at which Paul Ryan spoke.

Both the students and the school are consulting lawyers, but it’s clear the students would have a winning case. In the 1969 case of Tinker v. Des Moines, the Supreme Court ruled that “state-operated schools may not be enclaves of totalitarianism” and students are entitled to free speech so long as it does not “interfere with the requirements of appropriate discipline in the operation of the school.” Benignly gay-supportive t-shirts come nowhere close to meeting that standard. If anybody disrupted the educational process, it was the administrators who removed the students from the classroom and violated their First Amendment rights.

LGBT

Self-Proclaimed ‘Ex-Gay’ And Therapists File Outlandish Suit Against California Law

Following through on its promise to challenge California’s new ban on ex-gay therapy for minors, the Pacific Justice Institute has filed suit on behalf of a self-proclaimed “ex-gay” therapist-in-training, Aaron Bitzer, and two other therapists, Donald Welch and Anthony Duk, who provide reparative therapy. The suit is rife with spurious claims and meritless demands that essentially equate to whining about the law’s limitations, none of which comes close to meeting a Constitutional challenge. Here is a sampling from the complaint, aptly filed under “Plaintiffs’ Beliefs”:

Forced to discriminate?

If a minor’s objectives are to bring his or her sexual conduct and desires into conformity with the religious traditions, cultural norms, and moral standards of the minor, Dr. Duk can provide treatment so long as the minor is heterosexual. However, under the statute in question, a minor who has unwanted same sex behaviors or attractions cannot be treated with either counseling or prescription medications. [...] Dr. Duk is therefore required to discriminate against minor patients for no other reason than their sexual orientation.

The complaint refers to such conduct as “sexual behaviors, desires, and addictions such as pornography.” Under the law, there’s no reason that gay youth could not pursue therapy for the very same things so long as it’s not in the context of denying, repressing, or attempting to change their sexual orientation. These therapists are basically admitting that they would intentionally discriminate against any gay kid who still wanted affirmation for his or her orientation.

Violation of professional ethics?

The statute materially interferes with the plaintiff mental health professionals’ exercise of their independent professional judgment in providing treatment to minors who have unwanted same sex behaviors or attractions… This is in violation of these plaintiff mental health professionals’ obligations under the rules of professional ethics to provide treatment to persons regardless of their sexual orientation.

Providing ex-gay therapy is already a violation of their professional ethics, as all major professional psychotherapy organizations have condemned the practice as ineffective and harmful. That they seek to provide it nevertheless demonstrates that their “independent professional judgment” is severely compromised.

Read more

NEWS FLASH

Ukraine Advance Anti-Gay ‘Propaganda’ Legislation | The Ukraine Parliament has voted to approve legislation that would ban “propaganda” about homosexuality, similar to a bill passed in St. Petersburg, Russia earlier this year. The bill does not specify what constitutes “propaganda,” but it could very well be any visible support or recognition of people who are gay or gay culture, as well as any actual gay visibility, such as a couple holding hands. The country’s National Commission for the Protection of Morality recently banned SpongeBob SquarePants out of belief that the titular character is gay, and violent counter-protests obstructed a Pride celebration in May. European Union members decried the proposed legislation, and lawmakers had supposedly shelved it in July. It will receive a second vote in two weeks.

Alyssa

Why Iran’s Oscar Boycott Isn’t Really About ‘Innocence of Muslims’

Word comes from the New York Times that, a year after Iran won its first Academy Award for Asghar Farhadi’s A Separation, Iran will boycott the Academy Awards in protest of “Innocence of Muslims,” a crude film about the prophet Muhammad that may not even exist as a feature film:

The boycott appears straightforward: Mohammad Hosseini, Iran’s culture minister, on Tuesday confirmed that his country would not submit a film for consideration at next year’s Oscars in protest of “Innocence of Muslims,” the anti-Islam YouTube video that has sparked deadly riots. He specifically cited the “failure” of Oscar organizers to take an official position on the incendiary “film.”

But Iran’s move left Hollywood scratching its head. Iran, which won the Academy Award for best foreign language film earlier this year, was seriously going to boycott moviedom’s biggest prize because the Academy of Motion Picture Arts and Sciences hadn’t denounced a crude YouTube video made by a former gas station owner? (The academy had no comment.)

It’s hard to know what Iran thinks it will accomplish with this move. Is it to shame an industry that, by all accounts, is deeply embarrassed by the incident? It’s not as if Paramount, which built the old JAG set Innocence of Muslims was shot on, needs Iran’s boycot to think more carefully about where its sets end up and what that means for their brand. It’s not as if the actors involved in the movie, one of whom has already sued over the deceptive use of her image and work, aren’t horrified by how their performances were dubbed and distorted to produce a crude project that didn’t resemble what they’d signed on for. It’s not as if the highest authorities in the United States haven’t condemned the man who made it for his provocations, while still defending his right to free speech. And if Iran thinks it’s going to challenge the American focus on free speech, muzzling itself and its own filmmakers seems like a poor way of making that argument, one that perhaps overestimates Iran’s influence on the Academy and American consumers.

But this actually strikes me as a move that’s aimed more internally than externally. Farhadi and the members of his crew who accompanied him to the Academy Awards, wore neckties, which were banned as a symbol of Western decadence after the Iranian Revolution, to the ceremony. He used his acceptance speech to draw a rather careful distinction between the Iranian people and their government, saying that he knew Iranians would celebrate his win “because at the time when talk of war, intimidation and aggression is exchanged between politicians, the name of their country Iran is spoken here through her glorious culture. A rich and ancient culture that has been hidden under the heavy dust of politics. I proudly offer this award to the people of my country. A people who respect all cultures and civilizations and despise hostility and resentment.” Iran may not have been particularly eager to have another director take the stage again, perhaps emboldened by Farhadi’s reception.
Read more

Alyssa

Fox News Contributor Todd Starnes Wants President Obama To Protect Him From ‘South Park’

If you needed your regular reminder that religious fundamentalists, no matter their faith tradition, can end up in the same place, it’s worth watching Todd Starnes, a Fox News commentator, use the Obama administration’s response to the protests sparked by Innocence of Muslims to call for condemnation of popular culture like South Park that, in his perspective, denigrates Christians:

For all that people who dislike Muslims try to draw distinction between values articulated in Islam or attributed to Islam and their own beliefs and worldviews, there can be a lot of overlap. Egypt may be the country with a law against denigrating Abrahamic faiths. It may be true that, as the New York Times put it last week, “Where Americans prize individual choice, Egyptians put a greater emphasis on the rights of communities, families and religious groups.” But just as there are people in Egyptian society who are attracted to an American model of individual rights and free speech, Starnes’ remarks are a reminder that there are people in American society who want more respect for religious groups, as long as the groups that get the most respect are their own.

Older

Newer

Switch to Mobile
ThinkProgress Signup Overlay Skip and Continue to ThinkProgress Skip and Continue to ThinkProgress

Sign Up