Monthly Archives: January 2024

As chancellor of the University of Wisconsin-La Crosse, Joe Gow was once surely to be remembered for a tenure that oversaw unprecedented enrollment growth and increased first- and second-year student retention rates. His stewardship at the midsize university drew acclaim from colleagues when he announced his decision to step down at the end of the current academic year.

Until recently, not many realized that during the 17 years Gow had been chancellor, hed also been creating pornographic content with his wife and other professionals over the past decade.

UW System President Jay Rothman has since let go of Gow before his expected date and is now threatening to review his status as a tenured faculty member, stating that the former chancellor has caused the university significant reputational harm, according to The New York Times. Rothmans actions have provoked the former chancellor and his wife to accuse the university of violating his First Amendment rights.

Under a pseudonym, Gow and his wife, Carmen Wilson, have uploaded content to OnlyFans and YouTube that involved sexually explicit acts with each other and with professional pornstars. However, Gow and Wilson believe the university is undermining their First Amendment rights since none of their videos identify who they are or UW-La Crosse.

Its not what were about in higher ed, to censor people, Wilson said, according to The Times. If they seek [the content], theyre free to do so.

The Foundation For Individual Rights and Expression, in its recent report, makes the case that the institution may be justified in its ability to dismiss Gow from his position as chancellor due to the high-ranking and public-facing nature of a government-paid position.

But Gow may have a stronger case to retain his tenured faculty position, said FIRE Program Officer Jessie Appleby in an email.

Generally, government employers like UW have greater latitude to regulate the private speech of political appointees and other high-ranking officials who publicly represent the university, but universities do not have the same latitude to discipline faculty for their private speech.

The report mentions a similar U.S. Supreme Court case from 2019, in which it held the government could not fire a federal employee based on her publishing a book under a pseudonym about her work as a phone sex operator. Like Gow, this individual had not deliberately linked her book with her government employment.

He has a strong First Amendment case that UW may not terminate his faculty position based on private speech unrelated to his position as a professor.

Previous instances in which courts ruled that employees could be terminated for their off-duty expression about these illicit acts were due to the fact the concerned individuals intentionally associated their government employment with adult content.

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To what extent is this chancellor's First Amendment rights protected? Experts weigh in - University Business

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His View: The First Amendment is under fire in today's America - Moscow-Pullman Daily News

Original Article Link: Website terms of use lead to First Amendment lawsuit against San Diego health care district | Courthouse News Service

A health district board member says her free speech rights were violated when she was reprimanded for criticizing a websites terms of use.

While many may blindly accept websites terms of use without even reading them, an elected member of the Palomar Health Districts Board of Directors bristled at the prospect of having to agree to a wide ranging set of rules in order to see the districts web page.

But after Laurie Edwards-Tate criticized the terms of use agreement in an interview with local media, the health district reprimanded her. Now, shes suing the San Diego County-based health district, claiming it violated her First Amendment rights.

In August 2023, the health districts administration added terms of use to their site. If users dont agree to the terms, they cant access any part of the site, including public records like meeting minutes and agendas for board meetings.

If users opt in, they agree to let Palomar Health collect their personal information, to resolve any disputes through arbitration, and to waive their right to bring a class action lawsuit against Palomar, among other things.

A reporter for Voice of San Diego, a local nonprofit news outlet, wrote a story about the new user agreement. For a follow-up story, the reporter spoke to Edwards-Tate, who relayed her concerns that it would be a barrier for people to access the Palomar Health Districts website, and that, to her knowledge, the decision to put the agreement on the site was never brought up in a regular board meeting.

The Voice of San Diego story also pointed out the possibility that the terms of use agreement could violate the Brown Act, a state law that governs public access and participation in public meetings, since Palomar is a public health care district, and the new terms of use may impose a restriction to access public records on the site.

Shortly after the article was published, Edwards-Tate received an email from an attorney representing the chief executive office of Palomar informing her that her comments were being investigated for possible violations of the health districts duty of loyalty and their media policy, which prevents employees from giving their personal opinions to the news outlets without permission from the marketing department. The email also said her comments could be considered under the districts policy as being false or misleading.

Edwards-Tate claims in her lawsuit that the districts policies amount to unconstitutional prior restraint on speech and violate the California Constitutions freedom of speech clause.

I think it all boils down to the right of a public official to speak to their constituents, Edwards-Tate told Courthouse News. The constituents have the right to hear from their public official.

Thelawsuitwas filed in the U.S. District Court, Southern District of California in San Diego on Wednesday.

Edwards-Tate said she was aware the board had plans to upgrade their website, but there was never any discussion, or vote, on the terms of use agreement or how it would affect constituents.

People count on us, count on me, to represent them. When it comes to health care, this is a very serious issue, she said, adding that she is also concerned about how it affects her constituents rights to access public record, or make public comments to be considered at board meetings.

She said she gave the Voice of San Diego a very benign statement, that didnt malign the health district itself.

The districts position here flies in the face of the First Amendment. They are trying to sanction an elected official for telling the people she represents about a policy she disagrees with, wrote Karin Sweigart, one of Edward-Tates attorneys, in a press release. It is hard to think of a more blatant infringement on First Amendment speech than the government telling a legislator they cannot tell their constituents they think a government policy is a bad one.

Palomar Health District did not immediately respond to requests for comment.

Original Article Link: Website terms of use lead to First Amendment lawsuit against San Diego health care district | Courthouse News Service

Image Credit: Canva

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Website terms of use lead to First Amendment lawsuit against San Diego health care district - San Diego News Desk

Veteran Teacher Sues Hartford Board of Education Over Alleged First Amendment Violation

John Grande, a physical education teacher with over 30 years of experience in Hartford schools, is challenging the Hartford Board of Education and several individuals in a federal lawsuit, sparking conversations on free speech and the enforcement of training policies within educational systems. The individuals include Leslie Torres-Rodriguez, the superintendent of Hartford Public Schools; Edward Wilson Jr., the staff attorney and executive director of internal investigations and security; and Tracy Avicolli, the director of arts and wellness.

Grande alleges that the district violated his First Amendment rights and fabricated evidence against him after he criticized a mandatory Identity and Privilege training session. The lawsuit seeks to expunge a letter of reprimand from his file, secure restitution for his paid time off, and claim monetary damages for interference and deprivation of his First Amendment rights.

Further accusations suggest that school officials engaged in a witch hunt investigation against Grande and conducted a kangaroo court to convict him for his exercise of free speech rights. The veteran teacher contends that the training was part of a broader initiative to introduce critical race theory into the school system. Grande also disputes the language attributed to him by the school district and alleges that the Hartford Federation of Teachers failed to address his complaint about the schools training.

In a related development, Abby Zwerner, a former first grade teacher at Richneck Elementary School in Newport News, Virginia, is suing the school for alleged inaction that could have prevented a classroom shooting incident. The event, which occurred on January 6, 2023, left Zwerner with physical and emotional scars. Despite her lawsuit, the school district maintains that the incident falls under workers compensation. Jeffrey Breit, Zwerners attorney, argued that no teacher should expect such violence in the classroom and that the school board needs to address the issue. The trauma has permanently affected Zwerners life, and her lawsuit continues to make progress.

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John Grande Sues Hartford Board Over First Amendment Dispute - BNN Breaking

By Avery Redula

TAMPA, FL. The U.S. Department of Justice (DOJ) is under fire for raiding journalist Tim Burkes home by the Florida American Civil Liberties Union (ACLU).

The DOJ seized records Burke had regarding the outtakes of the interview between Tucker Carlson and Ye, the singer and songwriter formerly known as Kanye West. Ye made several offensive and antisemitic statements in this report.

The DOJ justified the raid by alleging Burke violated the Computer Fraud and Abuse Act, which protects against hacking and improper computer access. The government asserts Burke was unauthorized to access this interview footage, violating the act and rationalizing the seizure of materials.

The federal government also asserts that Burke is not a journalist because he was not working at a news outlet at the time of obtaining interview footage.

However, Burke has stated he was able to view the footage on Fox News in a way that was publicly and legally accessible. Burke also has a long career and history in journalism.

Several organizations partnered with the ACLU to send a letter to the DOJ to defend Burke and demand justification for the raid.

Within the letter, the ACLU calls upon the government to explain whether or not proper procedures were enacted during the raid. Additionally, since the government asserts Burke is not a journalist, the ACLU said there needs to be clarity on why he is not considered as such in order to protect free speech rights for other journalists not working for a traditional news outlet.

The ACLU asserts this information must be made public, or the public will question if the DOJ is abusing its power and undermining journalists freedom of speech.

The ACLU added, one does not need to work full-time as a journalist in order to engage in protected journalism, that the law protects anyone with a purpose to disseminate information to the public, regardless of whether their own byline is attached.

And its quite common for journalists including freelancers, producers, researchers, editors, news services and consultants to provide research and documents for stories they do not themselves write, or even provide written copy without receiving a byline. That does not deprive them of constitutional protection. Courts have rightly warned against limiting the First Amendments press clause to established media.

Additionally, the letter argues the interview footage should be released to the public, noting, Among other things, Ye made anti-Semitic remarks, which are a matter of public concernouttakes also showed that Carlson and Fox News may have intentionally omitted those portions of the interview to cast Ye in a more sympathetic light. Burke has a history of breaking news of national interest during his long career in journalism.

In the final pages of the letter, ACLU and other organizations demand actions of the DOJ to enact oversight on prosecutors and the judge involved in the case, and investigate whether they followed proper discretion in regards to Burkes first amendment rights and for the consideration of protecting journalistic interests and expression.

The ACLU also submitted an amicus brief to the 11th circuit court of appeals in support of Burke, and similar to the letter, argues the search warrant on Burkes property should be released to the public in order to, preserve press freedoms and increase transparency.

The brief formally argues release of the warrant details will show on whether the government knew Burke was a journalist. If this is the case, said the ACLU, then the federal government was violating policy by failing to provide notice to Burke of the raid of newsgathering materials, as journalists are required to be given notice.

The ACLU also argues for the release of the footage and journalistic material gathered to be returned to Burke, so that he may continue his investigation into Tucker Carlson and Ye. The brief argues this is a violation of Burkes First Amendment rights and instills fear into journalists of legal consequences if they choose to investigate powerful figures.

Organizations such as the Freedom of the Press Foundation agree with the assertions of the ACLU and the infringement of First Amendment rights.

Seth Stern, the advocacy director of this foundation, said, A key function of the press is to report news that might embarrass powerful people and companies. If Burke is being investigated for locating and publicizing publicly available interview outtakes merely because Fox News wouldve preferred the footage remain secret, that poses serious First Amendment problems.

It would be extremely problematic and unconstitutional to criminalize access to publicly available information simply because powerful people would prefer it be kept private. It is antithetical to the Fourth Estates constitutionally-protected function to place a burden on journalists to intuit what publicly-available, newsworthy information public figures want kept secret, and to abide by their wishes, the letter to the DOJ argued. The letter by the ACLU and others noted, their interest is compounded by the nationwide outrage following the August police raid of the Marion County Record based on allegations of computer crimes by its reporters. Given these and other investigations, journalists around the country are left uncertain about whether they could be prosecuted for acts of routine journalism on the mistaken grounds that they violated state or federal computer crime laws.

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ACLU Charges FBI Raid on Journalist Tim Burke Violates 1st Amendment Rights - The Peoples Vanguard of Davis

Engineers Win Landmark First Amendment Cases Against State Licensing Boards

In an era where freedom of speech is under constant scrutiny, two unlicensed engineers have stood up against the system, challenging the authority of state boards in Oregon and North Carolina, and securing a landmark victory for their First Amendment rights. The cases of Mats Jarlstrom and Wayne Nutt have become symbols of resistance against the suppression of free speech and professional opinion in the field of engineering.

In Oregon, Mats Jarlstrom, an engineer unlicensed in the state, was engaged in an uphill battle against the state licensing board. His research on yellow light timing was met with attempts of suppression, as it underscored the potential danger from shortened yellow light times. These times, allegedly manipulated to increase revenue through traffic citations, posed a significant risk to peoples safety. Despite the boards resistance, Jarlstrom persisted, successfully arguing that his research should not be stonewalled.

Meanwhile, in North Carolina, Wayne Nutt, a retired engineer, faced similar challenges. Despite having a career in chemical engineering from 1967 to 2013, Nutt was warned by the Board of Examiners and Surveyors not to offer his expertise on engineering matters without a professional engineers license. This demand came despite Nutt being exempt from the licensing requirement due to an industrial exception.

Refusing to be silenced, Nutt sued the board, securing representation from the Institute for Justice. A federal court ruled in his favor, stating that his expert opinion is protected by the First Amendment and cannot be legally suppressed by the state. The court cited the boards attempts to stifle Nutts testimony by implying he would be breaking the law as a violation of his First Amendment rights.

Both cases culminated in a resounding affirmation of constitutional rights: the government may regulate the act of engineering, but it cannot regulate the speech of engineers. Through their tenacity, Jarlstrom and Nutt have set a precedent that echoes far beyond their individual cases, marking a significant win for the freedom of speech within the engineering community and beyond.

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Engineers Triumph in First Amendment Rights Cases - BNN Breaking

Palestine flag. By Sen Kinane/WMNF News.

By Jim Saunders 2023 The News Service of Florida

TALLAHASSEE Gov. Ron DeSantis and the state university system are trying to fend off lawsuits from pro-Palestinian student groups that allege First Amendment violations amid campus debates about the war between Israel and Hamas.

Attorneys for DeSantis and the university system last week filed documents arguing for the dismissal of the lawsuits and requesting that Chief U.S. District Judge Mark Walker reject preliminary injunctions sought by the groups Students for Justice in Palestine at the University of Florida and Students for Justice in Palestine at the University of South Florida.

Walker is scheduled to hold a hearing Jan. 26 in Tallahassee.

The UF and USF groups filed the lawsuits in November after university system Chancellor Ray Rodrigues on Oct. 24 issued a memorandum to university presidents linking the groups to the National Students for Justice in Palestine. Rodrigues memo said the national group had released a toolkit supporting Hamas attack on Israel that started the war known as Operation Al-Aqsa Flood.

These (UF and USF) chapters exist under the headship of the National Students for Justice in Palestine, who distributed a toolkit identifying themselves as part of the Operation Al-Aqsa Flood, Rodrigues memorandum said. Based on the National SJPs support of terrorism, in consultation with Governor DeSantis, the student chapters must be deactivated. These two student chapters may form another organization that complies with Florida state statutes and university policies.

The lawsuits contend that Rodrigues directive violated First Amendment rights and are seeking to prevent it from being carried out.

But in documents filed last week arguing against a preliminary injunction, attorneys for Rodrigues and the university systems Board of Governors said UF and USF had not disbanded the groups. They also said Rodrigues memorandum is not enforceable, and the Board (of Governors) cannot deactivate student groups.

The chancellors memorandum is akin to an open letter, much like the dozens of statements released by public officials across the country on the same topic over the last 10 weeks, the documents filed in the UF and USF cases said. The chancellors memorandum is no more actionable than these innumerable statements by other public officials.

In his memorandum, Rodrigues pointed to a state law that bars providing support to terrorist organizations. Attorneys for the university system last week wrote that the memorandum does not purport to prohibit, for example, speech or viewpoints critical of Israel or supportive of Palestinian freedom, nor does it support an inference that university regulations or Florida statutes do not apply equally to all similarly situated groups.

Faced with extraordinary tensions and fear on campuses and troubling indicia of disruption from SJP (Students for Justice in Palestine), the chancellor took a reasonable, proactive step based on policies and laws of general applicability: He exhorted universities to follow their existing legal obligations to ensure SJP chapters do not engage in the unlawful tactics that the national SJP encouraged them to deploy, or in other conduct that would violate university policies or state law, the university systems attorneys wrote in arguments joined by DeSantis.

But the lawsuits said the UF and USF groups do not have formal relationships with the national organization. The UF case said Rodrigues memorandum advances unsubstantiated claims that Floridas SJP chapters have violated the states material support for terrorism statute.

By ordering the deactivation of UF SJP on the basis of its constitutionally protected association with an independent group engaged in constitutionally protected speech, the order stifles UF SJPs pro-Palestinian advocacy on campus at a time when the Palestine-Israel conflict is a matter of vital public discourse and concern, the UF lawsuit said. If allowed to take effect, the deactivation order will deprive UF SJP and its members of the resources, platforms and modes of recruitment that enable it to exist and engage in its mission.

The UF lawsuit, filed by American Civil Liberties Union attorneys, said students on public university campuses have the First Amendment right to speak and associate through the formation of student organizations.

The deactivation order denies UF SJP members the right to collectively speak and associate, the lawsuit said. The deactivation order unconstitutionally censors and penalizes UF SJP on the basis of its First Amendment protected association with NSJP (National Students for Justice in Palestine).

During a Nov. 9 Board of Governors meeting, Rodrigues said the next step on the issue was to seek legal guidance to evaluate some of the positions espoused on behalf of the universities and to gather additional information regarding the student groups compliance with laws and policies. Neither the chancellor nor the board indicated an intent or plan to take any further actions in response, the university systems attorneys wrote last week.

But the student groups lawsuits cited fears that deactivation could still occur.

Debates and protests have occurred on campuses across the country after Hamas Oct. 7 attack and as Israel has bombed Gaza in retaliation. Florida leaders have taken numerous steps to show support for Israel during the war.

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Florida disputes the First Amendment lawsuits filed by Students for Justice in Palestine at USF and UF - WMNF