Daily Archives: January 18, 2020

Instagram, and its parent company Facebook, took down posts regarded as too sympathetic to Iranian Gen. Qassem Soleimani, who was assassinated January 3 in a controversial US airstrike. The news website Coda (1/10/20) was credited with breaking the news, and Newsweek (1/10/20) also reported that:

Iranian journalists have reported the censorship of their Instagram accounts. Posts about Soleimani have disappeared from Instagram, which is currently the only operational international social media site within Iran.

According to the Facebook corporation, as quoted by CNN (1/10/20), removal of such posts is required by US sanctions; the Iranian Revolutionary Guard Corps, of which Soleimani was a commander, was designated as a terrorist organization by the US government in April:

As part of its compliance with US law, the Facebook spokesperson said the company removes accounts run by or on behalf of sanctioned people and organizations.

One might rightly ask: What constitutes a post supportive of the late military commander? According to the CNN report, merely posting a photo of the general could get the Facebook authorities to take a post down.

The International Federation of Journalists condemned the censorship:

The measures have gone even further, and some accounts of Iranian newspapers and news agencies have now been removed from the social media platform. This poses an immediate threat to freedom of information in Iran, as Instagram is the only international social media platform currently still operating in the country.

The Washington Times (1/11/20) reported:

Ali Rabiei, a spokesperson for the Iranian government, complained from his Twitter account on Monday this week about the disappearance of social media discussions about Soleimani, accusing Instagram of acting undemocratic and unashamed.

Much of the coverage has centered on the fact that Instagram is one of the few social media networks not widely restricted in Iranthus, the blackout serves as a way of censoring information going into Iran. In fact, the US government news agency Voice of America (1/7/20) reported that the Iranian government was clamping down on social media posts too critical of Soleimani, and NBC News (8/21/19) reported on how Iranians used networks like Instagram to skirt government regulation. (The irony here is thick.)

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But this news has also gotten journalists and press advocates worried about what this means for free speech and the First Amendment in the United States. On the one hand, as a private company, Facebook is free to make its own rules about acceptable content. Yet if the network is removing content because it believes it is required to do so by law, that is government censorshipand forbidden by the Constitutions guarantee of freedom of the press.

Shayana Kadidal, a senior managing attorney at the Center for Constitutional Rights, told FAIR that while it was possible for the US government to restrict media companies from coordinating with sanctioned entities and providing material support to the IRGC, the US government cannot restrict Americans from engaging in what he called independent advocacy.

Independent advocacy, as the law stands, cant be banned, he said. For [Instagram] to remove every single post would mean it was pulling posts that are protected.

The Washington Post (1/13/20) reported that free speech advocates were worried, with the director of the Electronic Frontier Foundation calling it legally wrong. Others concurred:

Eliza Campbell, associate director at the Cyber Program at the Middle East Institute in Washington, DC, [said] that the existing laws had failed to keep up with online speech, calling it a field of law that hasnt been written quite yet.

The terrorist designation system is an important tool, but its also a blunt instrument, she said. I think were walking down a dangerous path when we afford these platformswhich are private entities, have no oversight, and are not elected bodiesto essentially dictate policy, which is whats happening right now.

Emerson T. Brooking, a resident fellow at the Atlantic Councils Digital Forensic Research Lab, [said] that Facebook and Instagram are taking a very aggressive position and it may not be sustainable. He said it could result in Facebook removing any speech of any Iranian mourning Soleimanis death and could represent a harsh new precedent.

Regardless of whether the government directed Facebook to take this action, the fact that a media company felt the need to do so is proof of a chilling effect on speech. Who, specifically, is to decide what is so unabashedly pro-Soleimani material that it violates US sanctions? Is an article that merely acknowledges that many Iranians mourned Soleimani and denounced his killing a violation? Is an anti-war editorial that doesnt sufficiently assert Soleimani was no angel constitute such a crime? Could satirical material that facetiously supported the Tehran regime get censored? (The last item isnt so hypothetical: A Babson College professor was fired for jokingly encouraging Iran to follow Trumps lead by targeting US cultural sites.)

All of these questions, and all this ambiguity, should be enough evidence that this kind of censorship would be capricious and unfairly applied, and thus inappropriate in the face of free speech protections.

Free press advocates in the United States should think seriously in the coming days about how to respond. If sanctions can be invoked by a social media network to take down certain content, what is next? In order not to find out, well need a concerted pushback to Facebooks censorship from journalists and civil libertarians.

Link:
Facebooks Soleimani Ban Flies in Face of First Amendment - Common Dreams

Legislators at every level have adopted an operational ethos of ignore all relevant laws and sign it." This is a deeply concerning trend, and one that will result in dystopian realizations as politics continue moving toward the extremes. However, my fragile hope for the future remains intact thanks to the courts consistent rejection of this ethos. The University of Michigan is only the latest subject of both this trend and justices ruling in a case concerning our most potent liberty: speech.

On May 2, 2018, the Universitywas sued by Speech First, an organization dedicated to upholding the First Amendment on college campuses. The subject of the legal dispute was the Universitys Bias Response Team (BRT), which, according to Speech First, stifled freedom of speech and was therefore unconstitutional. In September 2019, the Sixth Circuit Court of Appeals ruled that the BRT acts by way of implicit threat of punishment and intimidation to quell speech," and the Universityagreed to disband the BRT. This case is hugely symbolic, more so than it may appear.

The most basic freedom belonging to each person is life, defined by their freedom of conscience. Both life and free conscience are impossible to breach without direct action perpetrated by one unto another. Freedom of speech, therefore, is the concretization of our freedom of conscience. And fundamentally, this is why Speech First v. Schlissel is so symbolic: The courts defended our most basic right.

No student at the University should ever feel discriminated against. Yet, while the BRT held this same belief as its cornerstone, the metric used to determine if an offense had occurred the Universitys anti-harassment policy did not offer any objective definitions as to what constituted a violation. And here lies the unconstitutionality, as described by the Department of Justice: The University imposes a system of arbitrary censorship of, and punishment for, constitutionally protected speech.

This broader conflict is not unique to the University. Colleges across the country face similar challenges in trying to secure welcoming campus environments without infringing upon students First Amendment rights. In this, Im sympathetic with the universities. Were riding a 50-year wave of legal victories for equality in a number of areas; so, in keeping with the trend, lets try to fix campus speech, right? Sure, but not like this.

Todays political climate is one of friction and frustration on both sides. Any comment not perfectly impartial sets off a firestorm, regardless of the reasoning behind the statement, the context or the speaker. We are on a hair trigger. So, how, in this era so characterized by scrutinizing the most minute actions and verbiage, did the University fly right by the First Amendment?

Sadly, today, the legitimacy of actions taken in pursuit of something noble are largely ignored. Those in charge act impulsively without considering their actions. The University wanted to create a safer campus climate, so it created an agency capable of implicitly punishing students who voiced opinions that offended others. To me, this sounds like a paragon of this trend, a laudable end to be achieved by censorship. And the courts said no.

At last, herein lies my optimism for the fate of America: the judiciary. Currently, it seems the shared methodology to enact change, among both parties, is to act now and consider legality later. And yet, the courts have stood tall. The Department of Justice filed a lawsuit against the state of California for violating Article 1, Section 10; a federal judge blocked Alabamas abortion ban; and the Sixth Circuit Court of Appeals ruled against the Universitys Bias Response Team. This case was altogether important and worrying, but I find its conclusion reassuring for the future. The courts remain the protectors of our fundamental rights amidst brazen violations, and it looks like they might just continue holding the torch even if legislators at every level keep trying to blow it out.

David Lisbonne is a junior in the College of Engineering and can be reached at lisbonne@umich.edu.

Read this article:
Op-ed: Did the University forget about the first amendment? - The Michigan Daily

(Photo by NICHOLAS KAMM/AFP via Getty Images)

(CNSNews.com) President Donald Trump marked National Religious Freedom Day on Thursday by announcing steps his administration is taking to protect the First Amendment right to pray in schools.

This afternoon, we're proudly announcing historic steps to protect the First Amendment right to pray in public schools. So you have the right to pray, and thats a very important and powerful right. There's nothing more important than that, I would say, Trump said.

He was joined in the Oval Office by Education Secretary Betsy DeVos and Deputy Attorney General Jeffrey Rosen as well as students and prayer advocates from across the country.Trump said that government must never stand between the people and God.

Yet, in public schools around the country, authorities are stopping students and teachers from praying, sharing their faith, or following their religious beliefs. It is totally unacceptable. You see it on the football field. You see it so many times where they're stopped from praying, and we are doing something to stop that, he said.

Tragically, there is a growing totalitarian impulse on the far-left that seeks to punish, restrict, and even prohibit religious expression. Something that, if you go back 10 years or 15 years or 20 years, it was un-thought of that a thing like that could even happen -- that anybody would even think of something like that happening, the president said.That is why, today, my administration is issuing strong new guidance to protect religious liberty in our public schools. The right of students and teachers to freely exercise their faith will always be protected, including the right to pray, Trump said.

Nine federal agencies are also proposing new rules to roll back discriminatory regulations. So we have rules to roll back discriminatory regulations on religious service organizations, and earlier this afternoon, my White House released a new memo to make sure federal funding is never used to violate the First Amendment -- which is a very big deal, the president said.

Hannah Allen, a high school freshman from Texas who attended the event, explained how she was told by her school that she and her classmates had to hide to pray.

So, me and a group of students from our school wanted to pray for our former classmate's brother who had got hurt in an accident. After the prayer, our principal told us, Dont do that again. So the next day, parents had called and complained. He told us that we could pray, but he said we had to hide in the gym or behind a curtain, or somewhere away from everyone else, she said.And I know that if this can happen in a small town in Texas, it can happen anywhere across America, and thats not right. No one should feel ashamed of their faith, especially in school or anywhere, Allen said.

She explained that the students sought help from the First Liberty Institute, a legal group dedicated to helping protect religious liberty.

So we got with First Liberty. They've been amazing. They supported us the whole way, and they sent the school a letter, and the school complied with the letter, and now the students are allowed to pray in school, Allen said.

Also on hand was Marilyn Rhames, founder and president of Teachers Who Pray. She explained why she founded the group:

I founded Teachers Who Pray because I, as a teacher, believe in the beauty of every child and the unlimited potential that resides within. However, the students that I was getting weren't set up for success, because they were so significantly behind grade level, and I taught in Chicago Public Schools for 14 years.

And during that time, we were losing students every year to gun violence, and one year, it was like 30, 32 students getting killed, and I was overwhelmed with the heaviness of the work, so I thought about quitting, and I decided not to. I was going to fight, and I was going to pray and uplift my spirit so that I can do the job that I knew God had called me to do.So I began praying with other teachers in the building who were like-minded, and we really supported each other, built community, built more hope, built more joy in the work despite it being so difficult, and we grew. Like, right now, there's over 150 chapters of Teachers Who Pray because teachers need that spiritual support and guidance.And today, I believe it's super important, because there is a myth out there that what Teachers Who Pray does and other organizations do for teachers'spiritual wealth is not legal, and it absolutely is. And I'm here to tell teachers that we need to pray for your faith. We need to pray. We need to buckle and just do what we have to do for our kids, because they need us, and they're depending on us. And if we're not strong, we can't make them strong. So thats why I'm here.

Trump pledged that his administration will not to let anyone push God from the public square. He said they will uphold religious liberty for all.

DeVos thanked Trump for his leadership, courage and friendship to people of faith, especially our nation's children.

Too many misinterpret a separation of church and state as an invitation for government to separate people from their faith, the education secretary said. In reality, our Constitution doesn't exist to protect us from religion. It exists to protect religion from government. The First Amendment affirms our free exercise of religion, and we dont forfeit that first freedom to anyone or in any place, especially in public schools.

After all, it's been noted that as long as there are final exams in schools, there will be always be prayer in schools, DeVos joked.

Thanks to your leadership, Mr. President, today we remind schools of the law with respect to religious expression -- something that hasnt been done in more than 15 years - and where there are violations, we now make clear that the law requires states to establish a clear process for students who want to pray in school and face opposition, she said.

The law also directs states to notify the administration about all complaints as well, DeVos said. The administration will ensure that all believers have the freedom to learn, to pursue our passions, to use our talents, and to live in accordance with the unique purpose that God has called us each to do.

If we embrace that freedom, our faith will be a light no darkness can overcome, the education secretary added.

The DOJ is committed to enforcing Americans' constitutional rights, including this one. So thats part of why Im very honored and privileged to be a part of todays announcement on the new guidance document about prayer in school, Rosen said.I think sometimes people dont appreciate that there are many, many Americans who feel called to pray during the day, and our First Amendment to our Constitution protects that, and sometimes I think theres a confusion about this issue as to whether its trying to force people to pray who dont want to, but thats not what this is about, the deputy attorney general said.

This is about protecting the rights of those who do to have the liberty to do that on school grounds, and that is protected by the First Amendment. So todays guidance reaffirms and clarifies and spells out for Americans what that freedom is with regards to prayer and religious expression, he said.

And I really think that the courage of people of faith, such as the folks we have here today, is really a reminder of how important our constitutional liberties are and of the great action that your administration is taking to ensure that they remain legally protected, Rosen concluded.

Here is the original post:
Trump Takes Steps to Protect the Right to Pray in Schools - CNSNews.com

CAPE CORAL, Fla. Tonight we are learning more about the lawsuit against State Representative Spencer Roach who is being sued by a civilian for blocking him on Facebook.

Anyone can sue anybody for anything. Question is, whether or not they will win, said Pamella Seay, FGCU criminal justice professor.

Randy Scott believes he will. Scott is suing State Representative Spencer Roach for blocking him on his public Facebook page. Saying he sees Roach not wanting to engage in public discourse.

That is representative Roach having a disdain for public discourse that is critical of him and his other people in Lee County who want to just have a free ride at public discourse, said Scott.

However, FGCU criminal justice professor Pamella Seay says this is not a public figure's account, but one for a candidate for public office so the limitations are different.

The key when you're looking at one of these social media accounts is whether or not it is a public forum, as he is using this particular account it is not a public forum. So yes he does have the right to block someone from that account, said Seay.

State Representative Spencer Roach emphasizes this is not an official government page.

That page is a campaign page, it is a promotional page, its an advertisement page that is paid for with funds in my campaign account. It is not an official government page, said Roach.

Roach says he welcomes criticism but claims Scott has personally threatened him and he will not tolerate it.

You know we welcome criticism and defense and especially policy debate on my campaign Facebook page ,but once you make a threat to kill me I think that kind of crosses the line and thats not something I am going to tolerate on that page."

Roach says the fight is not over.

I look forward to vigorously defending any lawsuit this or any others that attempts to harass me or my staff, said Roach.

The rest is here:
Breaking down the first amendment lawsuit against Florida State Representative Spencer Roach - Fox 4

Editor:

There is a movement underway to declare some cities or counties as Second Amendment sanctuaries. Using the very word sanctuary in connection with the Second Amendment is a cruel distortion of the meaning of the term.

The Second Amendment is not in need of a refuge or haven. Lets be clear: There is no political party, group, organization, cult, faction or any other synonym for a gathering of people that wants to take every gun from every individual in America. None.

This idea is born and raised in the mind of the NRA and the gun lobby to frighten gun owners into thinking otherwise. Can we have a reasonable discussion on the types of weapons suitable for our society? Yes.

Can we have a discussion on the appropriateness of certain individuals being allowed access to weapons in some circumstances? Yes.

These are not slippery slopes, as the gun lobbies would have you believe. These are legitimate and appropriate items for discussion. When reasonable gun laws are introduced the NRA counters with gun violence is a mental health issue.

Yet, when legislation is introduced to address that claim by suggesting that those closest to individuals who, at a time, due to mental or emotional problems, should be denied access to weapons until they can be evaluated as responsible again, the gun lobby and the NRA scream bloody murder.

The Second Amendment is low-hanging fruit for some politicians to grandstand. We have seen that at the last couple Board of Supervisors meetings.

If there ever was an amendment that needed sanctuary its the First Amendment, which has been under siege from the current occupant of the White House since before he took office.

Bob Burke

Beaver Creek

Original post:
Letter: It's the First Amendment that needs sanctuary protection - Verde Independent

Prevailing narratives portray the American people as sharply divided on nearly every issue. Political polarization seems to permeate every aspect of our lives. But the reality is much less black-and-white than we are led to believe. While Americans do hold issue-specific disagreements, there is a growing consensus across the political spectrum that politics as usual is not working and that our government is in need of fundamental reform.

The average American, regardless of political ideology, does not feel represented in our system, and for good reason they arent. Policy outcomes rarely reflect the wishes of the majority of Americans, while the preferences of economic elites greatly influence legislation. This system, where ultra-wealthy donors and special interests exert control over Washington, has been forming since the 1970s, but it was exacerbated by the 2010 Citizens United Supreme Court case, which upended former campaign finance limits by stating that unlimited political spending, by individuals or by corporations, is protected as free speech under the First Amendment.

In the 10 years since Citizens United, the biggest effect to the political system has been to engage and empower the very wealthiest Americans, across the political spectrum, according to an article in the Los Angeles Times. The Brennan Center for Justice says the ruling created a new political landscape that favors the super rich above all others.

In 2000, approximately $1.6 billion was spent on congressional elections. In 2018, the number had jumped to $5.7 billion. Total individual donors to Super PACs grew from $299 million to $1.1 billion in just the two years from 2014 to 2016. Total spending in the 2020 elections is projected to top $10 billion. The proliferation of campaign spending has turned into a political arms race that compels the two major political parties and candidates for elected office to seek donors who can cut the biggest checks and appease their ultra-wealthy donors by passing favorable legislation, regardless of how it affects their constituents or the American people at large.

There is a silver lining to the story, however. While the Citizens United ruling has proved disastrous for our democratic self-governance, its effects are unifying Americans of all political persuasions, who see the effects of a big money system that drowns out their voices in a cacophony of cash from wealthy mega-donors. The cross-partisan movement that is now fomenting embodies the same energy that has led to systemic change in our nations pastand its calling for the only solution that will address the Supreme Courts wrong decision in Citizen United: passing a constitutional amendment.

Powerful, moneyed forces are working diligently to keep the pay-to-play system intact, in part by politicizing critical democratic reforms. The movement for an amendment to address this issue has been deliberately mischaracterized as a liberal pursuit. This could not be further from the truth.

Opposition to unlimited political spending is neither a liberal nor a conservative issue. In recent surveys, Americans across the political spectrum say there should be limits on the amount of money individuals and corporations can spend on campaigns, that big donors have more influence than others, and that political corruption is the biggest crisis facing the nation. A constitutional amendment to overturn Citizens United is backed by 66 percent of Republican voters, and ending political corruption (i.e. draining the swamp) was a key factor in Donald TrumpDonald John TrumpNational Archives says it altered Trump signs, other messages in Women's March photo Dems plan marathon prep for Senate trial, wary of Trump trying to 'game' the process Democratic lawmaker dismisses GOP lawsuit threat: 'Take your letter and shove it' MOREs successful 2016 presidential bid.

Conservatives have plenty of reasons to support the amendment. As Republican former Sen. Jim Rubens put it, ending the dominance of big money in politics is tied to the fundamental conservative principles around which the Republican party is built. Unlimited political spending is undermining free-market capitalism and faith in the American constitutional republic. In a recent poll 61 percent of Americans aged 18-24 have a positive view of socialism, and only 17 percent of voters trust the federal government.

Meanwhile big government occupies and controls a larger share of the economy and increasingly picks economic winners and losers via tax subsidies, regulatory carve-outs, spending programs and contract awards. Businesses compete by buying influence in Washington, rather than by offering better products and services to consumers. Republican former Rep. Jim Leach of Iowa says Citizens United has genetically altered our democratic DNA, pushing American politics in an oligarchic, corporatist direction.

Another myth surrounding the amendment movement is that it is anti-capitalist. The amendment, in fact, would help re-establish the principles of competition and innovation that underpin American capitalism. Currently, a small number of huge global corporations are able to mobilize armies of lobbyists and pump money into Super PACs to influence elections and policies, quashing competition from small businesses that do not have the budget to compete.

Hundreds of business leaders from across the nation have expressed concerns about the implications of pay-to-play politics for our economy and our global competitiveness. The Committee for Economic Development (CED), a nonpartisan, business-led public policy organization has long advocated increased disclosure and transparency. In a 2013 CED report, 87 percent of surveyed business executives say the U.S. campaign finance system is in need of major reform. Rules that foster pay-to-play do not help business, but threaten innovation, healthy markets, and economic growth.

Americans of all backgrounds and political persuasions have the opportunity to affect real change and take political power back from an unaccountable elite by joining the growing movement for a constitutional amendment to get big money out of politics. Last year, New Hampshire became the 20th state to call on Congress to pass such an amendment, passing the halfway mark to the 38 states needed for ratification. More than 800 towns have passed resolutions in support of the amendment. Furthermore, 13 current and former 2020 presidential candidates signed a Candidate Pledge, committing to advance the amendment if theyre elected. It is time for every American to stand up and demand an end to the domination of wealthy elite special interests by ending the era of Citizens United with a constitutional amendment.

Leah Field is managing director of American Promise.

See more here:
10 years later, Americans stand opposed to Citizens United | TheHill - The Hill