The least-recognized of the amendments five freedoms assembly and petition are facing perhaps the most-immediate challenges, though freedoms of press, speech and religion dont escape unscathed.
At years end, First Amendment issues are as controversial and multi-faceted as anything in our fractured, divided society.
The least-recognized of the amendments five freedoms assembly and petition are facing perhaps the most-immediate challenges, though freedoms of press, speech and religion dont escape unscathed.
Most immediately, a Black Lives Matter activist faces a lawsuit from a Baton Rouge, La., police officer who blamed the activist for injuries he suffered at a 2016 protest over the police killing of a black man. The suit doesnt claim the activist threw or even encouraged the throwing of a rock; rather, it seeks damages because the man led others to block a highway where the violent incident occurred.
A recent Washington Post story notes that Rep. Jim Banks (R-Ind.) plans to introduce legislation to hold protesters arrested during unpermitted demonstrations liable for police overtime and other fees around such demonstrations.
In more than a dozen states in recent years, from Oregon to Florida, lawmakers have faced proposals to increase penalties for obstructing streets and highways and to limit the financial liability of drivers whose cars injure protesters. In Arizona, a failed 2017 proposal rooted in that states racketeering laws would have permitted the arrest and seizure of homes and other assets of those whom simply plan a protest in which some act of violence occurs.
In a similar financial penalty vein, several major news operations face defamation lawsuits seeking massive damages over their coverage of news events claims certain to roil public debate once again about the role, credibility and performance of the nations free press. Critics also say such lawsuits even if unlikely to succeed are effectively attempts to chill reporting and intimidate corporate owners.
Prominent among those filing the lawsuits is Rep. Devin Nunes, (R-Calif.), who wants $435 million dollars from CNN for a report he says falsely linked him to events in the ongoing Ukraine-Biden investigation controversy. He also is seeking $150 million from The Fresno Bee over a report involving a workplace scandal at a winery in which Nunes has a stake, $75 million from Hearst over an Esquire article regarding a family farm in Iowa, with the claim the magazine has an axe to grind against him and a $250 million lawsuit against Twitter for what he says is its intentional effort to downplay conservative content as well as two parody accounts that mock him.
In the introduction to the most recent lawsuit, Nunes says CNN is the mother of fake news. It is the least trusted name. CNN is eroding the fabric of America, proselytizing, sowing distrust and disharmony. It must be held accountable.
Moving to another area of contention, campus free speech issues continue to vex collegiate communities, from complaints that conservative speech and views of faculty and staff are stifled, to a move by President Trump that he says will fight against anti-Semitism but that critics say is really intended to punish student or faculty advocacy for the BDS Movement boycotts, divestiture or sanctions aimed at ending international support for Israel.
Much like the campus controversies, interpretations of religious liberty regarding public policy continued to swirl through the year. As the Supreme Courts 2019-20 term began in October, at least eight cases touching on faith issues the most in recent years were scheduled to be heard. A number involved LGBTQ rights regarding employment or health benefits. While some cases do not directly involve religious organizations, the courts decisions would affect arguments over whether religious beliefs can negate claims of discrimination on the basis of sexual preference.
An expansion of First Amendment protection for commercial speech (which at one time did not exist in law) continues, as courts at least give serious consideration to a variety of business arguments. In several instances, corporate lawyers are arguing that to force companies to make certain disclosures about product content or sources is an unacceptable requirement that violates the First Amendment by forcing companies to speak.
Other cases involve claims of free speech protection for hospitals facing a Trump administration rule requiring disclosure of secret rates. Industry groups filed a lawsuit earlier this month, also claiming it is compelled speech in violation of the First Amendment.
New technology continues inexorably to challenge long-standing law. In a mix of free speech and public safety concerns, a Texas man was sentenced in February to eight years in prison for using a 3-D printer to construct a plastic handgun and ammunition in violation of a prior court order against owning of a firearm. Advocates for the so-called 3-D gun argue the computer instructions in such 3-D printing projects are speech and not subject to federal or state firearms regulations. Government officials say existing criminal law on issues such as possession and manufacturing should allow them to regulate or ban making or owning such weapons.
Government officials and social media critics continue to hammer operations such as Facebook and Twitter which are not government entities, but private concerns not governed by the First Amendment with regulatory threats over political advertising, hate speech and evidence of foreign election interference.
Threatened action ranges from using anti-trust legislation to break up the largest social media companies, to removal of what is known as Section 230 protection for companies (from the Communications Decency Act of 1996) that now permits them to avoid legal responsibility for content they simply carry, rather than material they create or significantly edit.
Opponents of watering down or removing Section 230 protection say either action would, in effect, end the web as we know it by shutting down the flow of information to the mere trickle of items or articles that could be independently verified by internet providers, or to bland factual accounts devoid of opinion or interpretation.
The year 2019 may well go down in First Amendment history as a turning point, in which those working to limit or control information avoided direct confrontations over First Amendment rights and turned to tactics designed to make it much more difficult, much too costly or even financially ruinous to exercise those rights.
Link:
First Five: Were divided in new ways over core freedoms - McDowell News
- University round table examines challenges to free speech - February 12th, 2015 [February 12th, 2015]
- University of Worcester fares well in free speech study - February 12th, 2015 [February 12th, 2015]
- A line beyond which one may not go - February 12th, 2015 [February 12th, 2015]
- Councillor accused of stifling free speech after making complaint against counterparts social media use - February 12th, 2015 [February 12th, 2015]
- The French Debate: Free Speech Versus Hate Speech - February 12th, 2015 [February 12th, 2015]
- Church of England removing vicars right to free speech? - Video - February 12th, 2015 [February 12th, 2015]
- FREE SPEECH ZONE s08e06 (2-7-15) - Video - February 12th, 2015 [February 12th, 2015]
- Charlie Hebdo/The Interview: Free Speech: Free to Murder? - Video - February 12th, 2015 [February 12th, 2015]
- Free Speech & Liberty Pizza House opening comment 2015 - Video - February 12th, 2015 [February 12th, 2015]
- 2015=02-01 Limits of Free Speech - Video - February 12th, 2015 [February 12th, 2015]
- Health Free Speech Petition and Litigation - Video - February 12th, 2015 [February 12th, 2015]
- Putin Popularity Rating: Russian President's 80% approval rating may stem from free speech violation - Video - February 12th, 2015 [February 12th, 2015]
- Steven Pinker's "Why free speech is fundamental" - Video - February 12th, 2015 [February 12th, 2015]
- "Islam & Free Speech" - Video - February 12th, 2015 [February 12th, 2015]
- Free Speech and the Battle for Western Culture - Video - February 12th, 2015 [February 12th, 2015]
- (UPDATED) CAIR Officials Nationwide Condemn Charlie Hebdo Attack, Defend Free Speech - Video - February 12th, 2015 [February 12th, 2015]
- The Koch Brothers and $889 million free speech dollars - Video - February 12th, 2015 [February 12th, 2015]
- Mark Zuckerberg Reverses Decision On Free Speech - Video - February 12th, 2015 [February 12th, 2015]
- Rick Perry: Court ruling imposes chilling effect on free speech - Video - February 12th, 2015 [February 12th, 2015]
- TAVIS SMILEY | FREE SPEECH IN AMERICA | January 26-27, 2015 - Video - February 12th, 2015 [February 12th, 2015]
- Lord Jamar: USA's Only About Free Speech When It's Convenient - Video - February 12th, 2015 [February 12th, 2015]
- Free Speech vs Politically Correct (Liberal Hypocrisy) - Video - February 12th, 2015 [February 12th, 2015]
- Sharif Nashashibi, Suzanne Nossel, Munir Pervaiz Saami discusses free speech - Video - February 12th, 2015 [February 12th, 2015]
- FREE SPEECH ZONE s08e04 (1-24-15) - Video - February 12th, 2015 [February 12th, 2015]
- Do I Think #6: Voting, Free Speech & #GamerGate - Video - February 12th, 2015 [February 12th, 2015]
- Chris Hedges: Roots of Terrorism, Free Speech Hypocrisy & Translating #JeSuisCharlie - Video - February 12th, 2015 [February 12th, 2015]
- Q&A Banning Haters: What About Free Speech? - Video - February 12th, 2015 [February 12th, 2015]
- Putin's grip on free speech - Video - February 12th, 2015 [February 12th, 2015]
- Why Saudi Arabia Is Flogging A Free Speech Activist - Video - February 12th, 2015 [February 12th, 2015]
- Islamists Deny Media Access at At Muslim Free Speech Conference - Video - February 12th, 2015 [February 12th, 2015]
- Metallica- Free Speech For The Dumb - Video - February 12th, 2015 [February 12th, 2015]
- 1st Peoples, Palestine, and the Crushing of Free Speech - Steven Salaita - Video - February 12th, 2015 [February 12th, 2015]
- Free Speech Hypocrisy In France - Video - February 12th, 2015 [February 12th, 2015]
- Pope clarifies position on free speech - Video - February 12th, 2015 [February 12th, 2015]
- Muslim response to Charlie Hebdo Attack - Free speech or insult? - Video - February 12th, 2015 [February 12th, 2015]
- Charlie Hebdo, double standards and free speech - Video - February 12th, 2015 [February 12th, 2015]
- Gays, Islam, Free Speech - Tony Perkins, Bill Maher & MORE! LiberalViewer Sunday Clip Round-Up 91 - Video - February 12th, 2015 [February 12th, 2015]
- Free Speech: Mercury is Speech, Venus is Values - Video - February 12th, 2015 [February 12th, 2015]
- The Pope Supports "Free Speech" (sort of) - Video - February 12th, 2015 [February 12th, 2015]
- Ring of Fire on Free Speech TV - 01/18/2015 (FULL EPISODE) - Video - February 12th, 2015 [February 12th, 2015]
- Mad about free speech and North Korea? Hack back, says group - February 14th, 2015 [February 14th, 2015]
- Ring of Fire on Free Speech TV - 02/08/2015 (FULL EPISODE) - Video - February 14th, 2015 [February 14th, 2015]
- Ring of Fire on Free Speech TV - 02/01/2015 (FULL EPISODE) - Video - February 14th, 2015 [February 14th, 2015]
- MP George Galloway on Free Speech Charlatans & Austin Powers Foreign Policy in Syria - Video - February 14th, 2015 [February 14th, 2015]
- Limited Free Speech Isn't Free Speech - Video - February 14th, 2015 [February 14th, 2015]
- Volokh Conspiracy: Murder at Copenhagen debate on free speech attended by Swedish Muhammad cartoonist - February 15th, 2015 [February 15th, 2015]
- One dead after shooting at free speech event in Denmark featuring controversial artist - February 15th, 2015 [February 15th, 2015]
- Gunman kills 1 in attack on free speech event in Denmark - February 15th, 2015 [February 15th, 2015]
- Deadly shooting at Copenhagen free speech event - February 15th, 2015 [February 15th, 2015]
- Are Students Free to Speak Their Mind? Well at Southampton, yes. - February 15th, 2015 [February 15th, 2015]
- Shooting targets free speech event in Denmark, killing one - February 15th, 2015 [February 15th, 2015]
- Police: 1 dead in shooting at Copenhagen free speech event - February 15th, 2015 [February 15th, 2015]
- The Heat debates free speech and assembly in France - Video - February 15th, 2015 [February 15th, 2015]
- Detroit's Campus Martius: Banning Free Speech in Public Space - Video - February 15th, 2015 [February 15th, 2015]
- Dr William Lane Craig: The Moral Argument (Proof of God) - Video - February 15th, 2015 [February 15th, 2015]
- Did Pope Francis Preach Violence? - Video - February 15th, 2015 [February 15th, 2015]
- Danish police kill gunman believed behind 2 shootings - February 15th, 2015 [February 15th, 2015]
- Danish shooter had gangland past - February 15th, 2015 [February 15th, 2015]
- Free speech in Britain: Police tracking people who bought ... - February 15th, 2015 [February 15th, 2015]
- Copenhagen shooting: Free speech seminar attacked - Video - February 15th, 2015 [February 15th, 2015]
- Professor Advocates Violence Against White Racist - Video - February 15th, 2015 [February 15th, 2015]
- Muslim Coward Attempts to Murder Swedish Artist - Video - February 15th, 2015 [February 15th, 2015]
- Srsly Wrong - 41 - Free Speech Zone, Act 1 - Video - February 15th, 2015 [February 15th, 2015]
- Free Speech and Charming Ignorance - Video - February 15th, 2015 [February 15th, 2015]
- Police say Copenhagen gunman had criminal record, gang past - February 16th, 2015 [February 16th, 2015]
- Police say Copenhagen gunman had criminal record and gang past - February 16th, 2015 [February 16th, 2015]
- U.S. Funds The Terrorist To Take Our Freedoms - Video - February 16th, 2015 [February 16th, 2015]
- First Copenhagen shooting victim identified as film maker - Video - February 16th, 2015 [February 16th, 2015]
- Danes react to two fatal shootings - Video - February 16th, 2015 [February 16th, 2015]
- Danish police doing forensic investigation after islamic terrorist was shot dead, 15/2-2015 - Video - February 16th, 2015 [February 16th, 2015]
- Denmark: See BULLET-RIDDLED scene of first Copenhagen shooting - Video - February 16th, 2015 [February 16th, 2015]
- Animatrix - Humans vs Machines HD - Video - February 16th, 2015 [February 16th, 2015]
- RickWells.us - General Jerry Boykin on UN Attempt To Prohibit Free Speech Regarding Islam - Video - February 16th, 2015 [February 16th, 2015]
- Copenhagen Krudttnden Cafe Street View - Video - February 16th, 2015 [February 16th, 2015]
- Muhammad Cartoonist Targeted! TSA Active Shooter VIDEO, The "Digital Dark Age" and more #TMS - Video - February 16th, 2015 [February 16th, 2015]
- Copenhagen free speech debate shooting: One dead - Video - February 16th, 2015 [February 16th, 2015]
- Germany: Copenhagen attacks, Ukraine ceasefire on Merkel's agenda - Video - February 17th, 2015 [February 17th, 2015]
- Copenhagen Denmark Shooting - Lars Vilks - Calling Cards Of Hoax Fake Crap - Video - February 17th, 2015 [February 17th, 2015]
- Danish prime minister visits - Video - February 17th, 2015 [February 17th, 2015]
- Second Person Dead In Separate Suspected Terror Shootings In Copenhagen - Video - February 17th, 2015 [February 17th, 2015]