Gun store owners challenge California law in federal court
A handful of gun store owners are challenging state law in federal court, arguing a gun advertising law infringes on their First Amendment rights. Subscribe ...
By: KCRA News
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Gun store owners challenge California law in federal court - Video
James Foley posthumously receives First Amendment Award
Slain New Hampshire journalist James Foley was honored Wednesday night in Manchester with the Nackey Loeb School of Communications First Amendment Award. Subscribe to WMUR on YouTube ...
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James Foley posthumously receives First Amendment Award - Video
Zick: "The Cosmopolitan First Amendment"
W M law professor Timothy Zick discusses his book "The Cosmopolitan First Amendment: Protecting Transborder Expressive and Religious Liberties."
By: College of William Mary
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John and Diane Foley accept First Amendment Award
John and Diane Foley accept the First Amendment Award on behalf of their son James from the Nackey Loeb School of Communications in Manchester, NH Wednesday, Nov. 12, 2014. James was ...
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TALLAHASSEE, Fla. -
The Florida Supreme Court on Thursday unanimously rejected a Republican political consultant's efforts to keep his redistricting records private, promising to give the public its first glimpse of documents that helped lead to the state's congressional districts being thrown out this summer.
While different justices signed onto two separate opinions about the case, both found that Pat Bainter and his consulting firm, Data Targeting, Inc., waited too long to claim that releasing some of the documents would violate his First Amendment rights.
The documents were requested by voting-rights organizations challenging the state's congressional districts.
Writing for five members of the court, Justice Barbara Pariente used unusually harsh language to paint Bainter's efforts as part of a months-long stalling tactic as the battle over the congressional map played out in a Leon County court.
"We simply do not countenance and will not tolerate actions during litigation that are not forthright and that are designed to delay and obfuscate the discovery process," Pariente wrote.
In the opinion, the court ruled that Bainter tried for months to keep the documents shielded without saying that releasing them would violate his First Amendment rights. Bainter only made that claim after a Leon County judge held Bainter and the company in contempt, Pariente wrote.
"By responding to the deposition questions and acknowledging discussions with other political consultants without ever revealing the true nature of those communications or asserting a First Amendment privilege, in conjunction with the failure to timely assert this qualified privilege after the deposition testimony and months of additional hearings, we conclude that Bainter waived his ability to later claim that the documents revealing these communications were privileged on that basis," Pariente wrote.
Joining Pariente in the opinion were Chief Justice Jorge Labarga and Justices R. Fred Lewis, Peggy Quince and James E.C. Perry. In a separate opinion, Justices Ricky Polston and Charles Canady supported the outcome. It was a rare, unified decision from a court that has often splintered on redistricting opinions.
The voting-rights groups, which include the League of Women Voters of Florida, argued that the Republican-dominated Legislature drew congressional districts that violated the anti-gerrymandering "Fair Districts" constitutional requirements, approved by voters in 2010.
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By William Bennett Turner
William Bennett Turner teaches First Amendment courses at UC Berkeley, and is the author of 'Figures of Speech: First Amendment Heroes and Villains' (2011).
The biggest vote-getter on the Nov. 4 ballot in Berkeley was not the tax on sugary soda, which got 75% of the vote and national attention. Nor was it a candidate for any office. It was Proposition P, which called for a constitutional amendment to overturn the Supreme Courts 2010 Citizens United decision. Prop P got 85% of the vote.
The proposition was, as California propositions go, remarkably simple. It asked if the United States Constitution should be amended to abolish the concept that corporations are persons that are entitled to constitutional rights, and the doctrine that the expenditure of money may be treated as speech. (Berkeleyans have rarely been bothered that their principled positions on national and international affairs have little effect; the proposition was placed on the ballot by the City Council.)
The official ballot argument in favor of Prop P (no opposing argument was submitted) overstated the Citizens United decision by claiming it gave corporations the same rights and protections under the U.S. Constitution as human persons. It mistakenly added that the decision specified that donating unlimited money on campaigns should be considered free speech, and asserted the court had endorsed the slogan money equals speech. The argument ended with a ringing call to abolish corporate personhood.
Citizens United is the most misunderstood decision in the 21st century. That is partly because the opinions in the case ran to 176 pages, and very few people have read them. I doubt anyone on the Berkeley City Council has read them.
As it happens, on election day I was teaching the decision in my First Amendment class at UC Berkeley. I felt obligated to tell the students some of the ways Citizens United has been mischaracterized.
First, it did not give corporations the same rights under the U.S. Constitution as natural persons. It didnt give them the right to vote, or the right to contribute directly to a candidate. Nor did it invent the concept of corporate personhood. That was done peremptorily by the court in a railroad case in 1886, without any argument, discussion or analysis. In 1978, the court ruled that political speech in an election did not lose First Amendment protection because of the corporate identity of the speaker, and that became the main theme of Citizens United. The court also protected corporate speech in at least 24 cases before Citizens United, including cases establishing bedrock free speech principles. Those included New York Times v. Sullivan (the right to criticize government without fear of being sued for libel), and the Pentagon Papers case (no prior restraints-type government censorship), both won by the Times corporation.
At this point in our history, abolishing corporate personhood would cause all kinds of mischief. The New York Times and all other media corporations would have no First Amendment rights and could be censored at will. (Relying on the Press Clause of the First Amendment is no answer, because the court has rejected the contention that it gives whoever claims to be the press a difficult definitional question in these days of Fox News, Twitter and bloggers special speech rights not enjoyed by ordinary citizens.) Some Berkeleyans might not be unhappy if government prohibited corporate advertising, thus wiping out the Super Bowl and most media, though few would be pleased if a corporation, not being a person, could not be sued for polluting the environment.
Second, the court did not say money is speech. It simply quoted from its 1976 decision in Buckley v. Valeo to the effect that restricting the amount of money that can be spent in a campaign restricts the quantity and nature of campaign speech. This is self-evident: it costs money to print and distribute flyers and yard signs, rent billboard space, and buy television and radio time; the less money you can spend, the less you can speak. In that sense, the court now treats money as speech, but it doesnt use the slogan simplistically equating the two.
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Book Talk with Professor Tamara Piety
Tamara Piety, Phyllis Hurley Frey Professor of Law at The University of Tulsa College of Law, gives a public Book Talk on her recent book, Brandishing the First Amendment: Commercial Expression...
By: TUCollegeofLaw
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Zick: Twitter and foreign policy
W M professor of law Timothy Zick, author of "The Cosmopolitan First Amendment," discusses establishment of in-country social networks as a prong of U.S. foreign policy.
By: College of William Mary
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James Foley needed to show people what war looked like.
It was his calling to travel to some of the most dangerous places in the world, camera in tow, so people back home could see the danger, the conflict, the hatred that boiled over daily. ... Subscribe or log in to read more
James Foley needed to show people what war looked like.
It was his calling to travel to some of the most dangerous places in the world, camera in tow, so people back home could see the danger, the conflict, the hatred that boiled over daily.
More than any adrenaline rush, he was drawn to these regions out of his compassion for the poor, the disadvantaged and the innocent in war-torn regions, his parents said.
The more Jim saw, the more he was drawn to it, his mother, Diane Foley, said.
Last night, James Foley was honored with the Nackey S. Loeb First Amendment Award, one of the highest honors for New Hampshire journalists.
Were very honored. I think Jim would have been, his mother said. Jim believed very passionately for freedom of the press. We are very proud of the work he was doing. It is vital to a democracy.
Foley was kidnapped Nov. 22, 2012, in Syria and killed 21 months later, Aug. 19, by Islamic State forces.
His murder was broadcast for the world to see and began to galvanize U.S. efforts to stop terrorists known as ISIS.
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Slain New Hampshire journalist James Foley was honored Wednesday night in Manchester with the Nackey Loeb School of Communications First Amendment Award.
Foley was reporting in Syria in 2012 when he was captured. The terror group ISIS executed Foley in August.
Foleys parents accepted the award on his behalf.
Obviously, were very honored, said Diana Foley, his mother. Jim was very passionate about freedom of the press. Thats why he risked his life to be in Syria. He wanted the world to know about the suffering in Syria.
Nicolas Henin, a French freelance journalist and a fellow cellmate for seven months with James Foley, is visiting the Foleys family and was at the awards ceremony. He said Foley was a humble man who did not seek out the kind of honors he received.
We were about two dozen men held together in a teeny, teeny room, and of course that does not happen without conflict. But James was the one in our group who managed to stay friends with every single one of us, Henin said.
Joe McQuaid, president of the Loeb School, said Foleys work and sacrifice made the choice of naming him the First Amendment winner easy.
This young man had been a teacher and he wanted to do more than teach. He wanted to tell the stories of oppressed people, McQuaid said.
James Foleys parents have established the James W. Foley Legacy Foundation to help support families of hostages. His father said James Foley set an example of caring for his fellow man, and they will strive every day to follow his example.
His courage, his commitment and his compassion challenge us all to make something good out of something that was horrible, said John Foley, his father.
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Michael Baryl, of Tracy Rifle & Pistol, has until February to take down this window display to comply with a Bureau of Firearms order. (Photo: Tracy Rifle and Pistol)
How much is that handgun in the window?
Thats a question Californians cant ask, thanks to a law that states handguns, or even pictures of them, may not be visible from outside of gun stores. Four Golden State gun dealers are challenging the law, saying its their First Amendment right to advertise their wares.
I run one of the most heavily regulated and inspected businesses in existence, but its still illegal for me to show customers that I sell handguns until after they walk in the door, said Michael Baryla, the owner of Tracy Rifle & Pistol. Thats about as silly a law as you could imagine, even here in California.
While most federal lawsuits involving gun rights invoke the Second Amendment, the gun dealers are claiming it is their First Amendment right to freedom of speech that is violated by California Penal Code section 26820. That law, first enacted in 1923, bans gun stores from putting up signs advertising the sale of handguns but not shotguns or rifles.
The First Amendment prevents the government from telling businesses it disfavors that they cant engage in truthful advertising, said Bradley Benbrook, the lead attorney on a legal team that also includes UCLA Law Professor Eugene Volokh.
- Michael Baryla, the owner of Tracy Rifle & Pistol
Controversial goods and services, such as abortion and contraceptives, are clearly protected under the First Amendment, Benbrook added.
The suit was filed Monday in the Eastern District of California, in Sacramento. It names California Attorney General Kamala Harris and Stephen Lindley, who heads the state Department of Justices Bureau of Firearms, as co-defendants.
Tracy Rifle and Pistol, a gun store and firing range in San Joaquin County, was recently cited by state authorities for having pictures of three handguns in window signs that could be seen from outside the store. A photo of an AR-15 rifle in an adjacent window, part of a display ad for which Baryla paid a total of $3,000, did not draw a citation. He has until February to take down the photos.
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Michael Baryl, of Tracy Rifle & Pistol, has until February to take down this window display to comply with a Bureau of Firearms order. (Photo: Tracy Rifle and Pistol)
How much is that handgun in the window?
Thats a question Californians cant ask, thanks to a law that states handguns, or even pictures of them, may not be visible from outside of gun stores. Four Golden State gun dealers are challenging the law, saying its their First Amendment right to advertise their wares.
I run one of the most heavily regulated and inspected businesses in existence, but its still illegal for me to show customers that I sell handguns until after they walk in the door, said Michael Baryla, the owner of Tracy Rifle & Pistol. Thats about as silly a law as you could imagine, even here in California.
While most federal lawsuits involving gun rights invoke the Second Amendment, the gun dealers are claiming it is their First Amendment right to freedom of speech that is violated by California Penal Code section 26820. That law, first enacted in 1923, bans gun stores from putting up signs advertising the sale of handguns but not shotguns or rifles.
The First Amendment prevents the government from telling businesses it disfavors that they cant engage in truthful advertising, said Bradley Benbrook, the lead attorney on a legal team that also includes UCLA Law Professor Eugene Volokh.
- Michael Baryla, the owner of Tracy Rifle & Pistol
Controversial goods and services, such as abortion and contraceptives, are clearly protected under the First Amendment, Benbrook added.
The suit was filed Monday in the Eastern District of California, in Sacramento. It names California Attorney General Kamala Harris and Stephen Lindley, who heads the state Department of Justices Bureau of Firearms, as co-defendants.
Tracy Rifle and Pistol, a gun store and firing range in San Joaquin County, was recently cited by state authorities for having pictures of three handguns in window signs that could be seen from outside the store. A photo of an AR-15 rifle in an adjacent window, part of a display ad for which Baryla paid a total of $3,000, did not draw a citation. He has until February to take down the photos.
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GUN RIGHTS FIGHT Dealers sue over law barring window displays
Former JG stafferreceives award
Former Journal Gazette reporter James Risen has won the First Amendment Award from the Radio Television Digital News Foundation.
Risen, a Pulitzer Prize-winning journalist for the New York Times, is being honored for championing the First Amendment and press freedoms, the foundation said in a statement.
Risen is under threat of imprisonment by the federal government for refusing to reveal the names of sources used for a 2006 book. His book, State of War, reported on CIA efforts to sabotage Irans program seeking to build a nuclear bomb.
BMV offers siteto check refund
The Indiana Bureau of Motor Vehicles has a new website designed to help customers determine whether they are eligible for an Excise Tax refund.
In early October, the Bureau of Motor Vehicles began sending out claim forms to customers who were affected by the Excise Tax misclassification, said Don Snemis, commissioner of the Indiana Bureau of Motor Vehicles, in a statement. All of those letters have been mailed. In case someone did not receive their letter, the BMV has created a website that allows Hoosiers to verify their eligibility and print a claim form that includes mailing instructions.
To date the Bureau of Motor Vehicles has received more than 131,000 claim forms and has processed more than 92,700 claims totaling $14.9 million.
To avoid any potential fraud during the claim process, residents are encouraged to access the refund eligibility page at http://www.mybmv.com by clicking on the Check Your Excise Tax Refund Eligibility icon.
Users will need to input either their Social Security number or drivers license number.
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From our community
Late Tuesday afternoon, Houston City Council candidate Trebor Gordon filed a First Amendment lawsuit challenging a discriminatory Houston ordinance that prevents city candidates from fundraising until February.
Gordon is a conservative candidate for Houston City Council at large. Houston is a great city because of the entrepreneurial culture of its citizens, among other things, Gordon said. But our current leadership has been chipping away at that spirit, overregulating and fleecing the taxpayers with a runaway budget. Im running to restore responsible leadership and let Houstonians run their own lives.
Im also compelled to address the deeply offensive posture Mayor Parker has taken towards people of faith in this city, harassing pastors with abusive subpoenas, Gordon continued. I have to address these issues now, because they are happening now. I cant wait until February to start my campaign.
Gordon will be on the ballot in the citys next general election in November 2015. Currently, section 18-35(a) of the Houston code of ordinances states that candidates may only solicit or receive contributions beginning in February of the election year and ending on March 4 of the year after the election. This provision prohibits fundraising for a full ten months of every two-year cycle, and candidates have only nine months to raise funds before Election Day.
Gordon is represented by political law attorney Jerad Najvar. There is no blackout period banning bad decisions by city officials for a part of every election cycle, Najvar said, and the government has no authority to tell Gordonor any other candidateto wait until February to start campaigning. City officials have access to free media all day long, and my client certainly has the right to fund his campaign and speak to the public. This waiting period serves only to insulate the city from organized opposition.
Najvar continued: The blackout period is facially unconstitutional. But it gets even worse, because people who currently hold non-city office are raising money right now, and everybody knows it will be transferred to their city campaign in February. This whole system is an absurd charade encouraging candidates to act like theyre running for something theyre not. While these shadow campaigns are proceeding aggressively, nonincumbents like Gordon have to sit on their hands. The First Amendment does not permit such nonsense.
The case is Gordon v. City of Houston, No. 14-CV-3146, currently pending in federal court in the Southern District of Texas, Houston Division. Gordon has asked for an immediate injunction, and is awaiting a hearing date from the court.
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Irving, TX -- Nexstar CEO Perry Sook has been honored as a First Amendment Award winner by The Radio Television Digital News Foundation.
Perry Sook, president and CEO of Nexstar successfully built Nexstar Broadcasting from two dozen stations to more than 100, while building and improving news operations across the ever-expanding group. This award honors professionals in local or network news who work in an off-air, management, largely behind-the-scenes capacity.
Our honorees are true champions of press freedom," said Chris Carl, Chairman of RTDNF. "Each of them have demonstrated outstanding support of the First Amendment through their work and their commitment to excellence." "We are proud to recognize the tireless dedication of this year's recipients, added Mike Cavender, RTDNF Executive Director. From the board room to the courtroom and from the White House Press Room to our living rooms, they embody the values of a free press in our society."
The awards will be presented at a ceremony at the Grand Hyatt, 1000 H Street NW in Washington, DC on Wednesday, March 11, 2015.
Sook was recently inducted into the Broadcasting & Cable Hall of Fame.
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Nexstar CEO Perry Sook Honored with First Amendment Service Award
Something About the Music (Remastered) (feat. First Amendment)
Something About the Music (Remastered) [feat. First Amendment] Be+UpOne First Amendment Auto-generated by YouTube.
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Something About the Music (Remastered) (feat. First Amendment) - Video
This nation's leading rescuer of the First Amendment arguing before the Supreme Court, attorney Floyd Abrams, now warns of another rising danger.
Speaking on Oct. 23 at the 15th anniversary of FIRE (Foundation for Individual Rights in Education), he warned the only organization as actively devoted to the First Amendment as he is about the damage to free speech caused by college campuses retracting invitations to public speakers.
"If litigation (as FIRE is doing) is one necessary tactic to deal with such speech-limiting policies, the other is simply exposure of the misconduct, with the attendant public shame that follows the exposure."
What, after all, other than shame, is deserved by Brandeis University for offering and then withdrawing an honorary degree to Ayaan Hirst Ali for her criticism of Islam; by Smith College for withdrawing an invitation to Christine Lagarde, the first woman to head the IMG (International Monetary Fund); by Rutgers, for so embarrassing former Secretary of State Condoleezza Rice that she declined to appear.
"And just a few weeks ago, George Will's invitation to speak at Scripps College in California was effectively withdrawn after controversy over the invitation. "
Before continuing, I must proudly acknowledge that Floyd Abrams has been my personal First Amendment mentor for decades.He continues with a concern I've written about often here:
"What's going on? It's hard to resist the conclusion that too many of our college students evidently needed high school civics courses since they seem to have no idea what the basic thrust of the First Amendment -- and free expression more broadly -- is all about."
Abrams continues: "And they are not alone. It shows me how many people -- educated people, including scholars -- seem to believe that the First Amendment should be interpreted as nothing but an extension and embodiment of their generally liberal political views."
Floyd then speaks to all of us, not just the audience that evening at the FIRE anniversary. What he says is not being taught in the great majority of our public schools as he quoted Justice Robert Jackson:
"The very purpose of a Bill of Rights is to foreclose public authority from assuming a guardianship of the public mind through regulating the press, speech and religion. "
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The continuing collapse of the First Amendment. Do you care?
NYPD says First Amendment Ends When They Say
NYPD says First Amendment Ends When They Say. Police are still abusing their power regardless of the rhetoric coming from NYPD commissioner Bratton. We the community need to continue to ...
By: PeacefulStreetsNYC
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First Amendment Fight - Baird: The Bible Touches Every Aspect Of Life - The Fight For Faith - F F.
First Amendment Fight - Baird: The Bible Touches Every Aspect Of Life - The Fight For Faith - Fox Friends. =========================================== *...
By: NSTP - Wake The Hell Up America!
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Fuck: Word Taboo and Protecting Our First Amendment Liberties
This is a spoken word version of the article: Fuck: Word Taboo and Protecting Our First Amendment Liberties Accent: American Sex of the narrator: He edits wi...
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Fuck: Word Taboo and Protecting Our First Amendment Liberties - Video