I was tagged in these pages last week as mystery man the person Town Moderator Mary-Jo Avellar reported to the police for handing out fliers criticizing her as I stood on Commercial Street outside her workplace. Im not really a mystery. Ive been a part-time resident and taxpayer here for 20 years.
After Ms. Avellar took my picture, her Finance Committee appointee Mark Hatch posted it on Facebook in an effort to divine my identity. It wasnt a coincidence that Hatch, who chairs that committee, anointed himself Avellars private investigator.
Under the town charter, Avellar is primarily responsible for reviewing recent allegations thatHatch authored social media posts that were misogynistic, anti-Semitic, and otherwise degrading toward immigrants and participants in Black Lives Matter protests. But like most of Provincetowns elected leaders, shes brushed off Hatchs pattern of intemperate online hate speech.
Instead of taking appropriate action, she foreshadowed the later comments of our witless President when she recently told the Banner, Even the Ku Klux Klan . . . are entitled to free speech. Yet no one has a constitutional right to serve on a town committee, much less chair it. Even House Republicans found enough guts to kick Rep. Steve King (R-Iowa) off his committees for the bigotry he voiced.
In a true perversion of the First Amendment, several of Hatchs Facebook followers seem to think it was bad taste or even illegal to protest against a public official on a public street in front ofthat person'sworkplace. Heres what I think: Its bad taste not to mention, ignorant for the Town Moderator to invoke the Ku Klux Klan as an excuse for protecting the alleged hate speech of her own appointee. The Klan is a terrorist organization primarily known for beating and murdering African-Americans, as well as Jews, Catholics, immigrants, and their allies.
I took this step because Avellars outrageous excuse required an outraged response. Many people here today are immigrants, as were the ancestors of many Provincetown families. At least half the towns population is female. Our neighbors include Jews and people of color. We deserve better from the Town Moderator and the Finance Committee.
That committees Code of Conduct states, Remember that you represent the entire community at all times not just while sitting behind a dais. If Provincetown is supposed to be a loving, welcoming community, committee chairs shouldnt spew hate online, and a top elected official cant hide behind the KKK as a reason for refusing to investigate credible allegations that this Code of Conduct provision was violated.
The Town Moderator has already prejudged this matter, so it would be inappropriate for her to act on it. But under Chapter 3, Section 5 of the town charter, the Select Board may investigate and impose sanctions for the alleged misconduct of any member of a town board, commission, or committee. Theres been a formal complaint filed. Its time for the Select Board to step up and act.
Its also well past time the Town Moderator was reminded that her job, by definition, is to create order out of chaos not to keep sowing greater chaos, either among the Towns residents or leaders. If some confidantes would have the courage to tell her that, maybe shed take the message to heart.
Link:
My View: In Provincetown, strange views of the First Amendment - Wicked Local Provincetown
- I'm a First Amendment scholar and I think Big Tech should be left alone - The Conversation US - January 23rd, 2021
- Letter to the editor: Put the First Amendment first - Daily Mississippian - January 23rd, 2021
- Napolitano: Does the First Amendment restrain Big Tech? - Daily Herald - January 23rd, 2021
- Do Critics of Police Have the First Amendment Procedural Protections That Nazis Get? - Reason - January 23rd, 2021
- Ask the expert: The First Amendment and free speech - MSUToday - January 23rd, 2021
- Letter: To everyone, including friends and family members, who feel First Amendment rights are being denied - Sumter Item - January 23rd, 2021
- Knight Institute Urges Supreme Court To Preserve Ruling That Trump Violated First Amendment 01/25/2021 - MediaPost Communications - January 23rd, 2021
- Do Social Media Companies Have Too Much Power Over The First Amendment? - WFAE - January 23rd, 2021
- What the First Amendment Really Says About Whether Trump Incited the Capitol Riot - Slate - January 23rd, 2021
- Ask the Lawyer: There is no First Amendment right to social media use - The Oakland Press - January 23rd, 2021
- Permit Requirements for Filming in National Parks Violate First Amendment - Reason - January 23rd, 2021
- Does the First Amendment protect you on social media? - RADIO.COM - January 23rd, 2021
- Simpson sues Board of Elections, claims dismissal violated First Amendment rights - Greensboro News & Record - January 23rd, 2021
- What does the day after Section 230 reform look like? - Brookings Institution - January 23rd, 2021
- Twitter and Facebook Just Proved That Deplatforming Works - The Nation - January 23rd, 2021
- Afternoon Briefs: SCOTUS will consider cheerleader's First Amendment case; former AG dies at 88 - ABA Journal - January 5th, 2021
- No Blanket Protection for Internet Platforms - The Wall Street Journal - January 5th, 2021
- Walsh Vetoes Ordinance That Would Restrict Police Use Of Tear Gas, Rubber Bullets - WBUR - January 5th, 2021
- Happy new and old year: 2020 just won't go away when it comes to first amendment issues in 2021 - Hopkinsville Kentucky New Era - January 5th, 2021
- Far-Right VA State Senator Claims huge victory for the First Amendment and for open access to government for all Virginians. Except That the Court... - January 5th, 2021
- Will You Save Money On Hospital Bills With New Price Transparency Rule? : Shots - Health News - NPR - January 5th, 2021
- "I am asking Washingtonians and those who live in the region to stay out of the downtown area on Tuesday and Wednesday and not to engage with... - January 5th, 2021
- Julian Assange Extradition to U.S. Blocked Over Mental Health Concerns - The New York Times - January 5th, 2021
- The First Amendment is under siege and most Americans know it - The Central New York Business Journal - December 30th, 2020
- First Circuit Creates Exception To Massachusetts Wiretap Statute Based On First Amendment Rights, Allows Citizens And Press To Record Police Activity... - December 30th, 2020
- First Circuit Appeals Court Reaffirms Its 2011 Decision: The First Amendment Protects The Recording Of Cops - Techdirt - December 30th, 2020
- New Year's Eve In The Year Of The Coronavirus - The Rhino Times of Greensboro - The Rhino TImes - December 30th, 2020
- On Religion: COVID was year's top religion story. But which story? - Tahlequah Daily Press - December 30th, 2020
- How Lin Wood Became a Pro-Trump Conspiracy Theorist - The New York Times - December 30th, 2020
- The Year That Changed the Internet - The Atlantic - December 30th, 2020
- Section 230 Isn't A Subsidy; It's A Rule Of Civil Procedure - Techdirt - December 30th, 2020
- 7 Recommendations for the New Year - Contracting Business - December 30th, 2020
- Smith: Small steps to bring hope and wonder - The Register-Guard - December 30th, 2020
- Court Enjoins Enforcement of Combatting Race and Sex Stereotyping Executive Order for Federal Contractors and Grantees - JD Supra - December 30th, 2020
- COOMBES: Put the First Amendment first - University of Virginia The Cavalier Daily - October 12th, 2020
- Did the First Amendment to the Constitution lay the foundation for an authoritarian state? - The Indian Express - October 12th, 2020
- First Amendment Right to Record Child-Protection Visit to Your Home - Reason - October 12th, 2020
- First Amendment scholars weigh in on legality of Terminal Tower Biden Harris light display - cleveland.com - October 12th, 2020
- Use of Trademarks in Creative Works & Lanham Act Liability - The National Law Review - October 12th, 2020
- 'Introduction to the First Amendment Museum' topic of presentation - Kennebec Journal & Morning Sentinel - October 12th, 2020
- Judge amy coney barrett and the First Amendment - Lexology - October 12th, 2020
- A vote for Trump is a vote against the First Amendment - Poughkeepsie Journal - October 12th, 2020
- Trump Admin. Says First Amendment Is Moot In WeChat Case - Law360 - October 12th, 2020
- You Shouldn't Get Sued for Petitioning the Government - Cato Institute - October 12th, 2020
- Reporters Committee welcomes Inasmuch Foundation Legal Fellow - Reporters Committee for Freedom of the Press - October 12th, 2020
- FIRST 5: Trump and COVID-19 -- How 'free' are/should we be? - Salina Post - October 12th, 2020
- Candidates and voters alike suffer as yard signs are targeted for theft and vandalism - Burlington Hawk Eye - October 12th, 2020
- Letters to the Editor: The First Amendment in Rio Rancho - Albuquerque Journal - September 21st, 2020
- Texas A&M University Introduces First Amendment Website - Texas A&M University Today - September 21st, 2020
- Attorney on first amendment rights of protesters: The government must protect these rights - RochesterFirst - September 21st, 2020
- Polk County GOP chairperson gathering signatures in support of a Second Amendment Designated County - Grand Forks Herald - September 21st, 2020
- Health officials urge people who attended Trump rally on Saturday to get tested for coronavirus - The Fayetteville Observer - September 21st, 2020
- Potsdam 'toilet gardens' will stay, for now, as federal judge grants injunction in toilet case - NNY360 - September 21st, 2020
- This Week at The Ninth: Informational Injury and Union Dues - JD Supra - September 21st, 2020
- Even with a Recent Lag, Special Interest PACs Enjoy Big Fundraising Edge Over Parties - InsiderNJ - September 21st, 2020
- Readers respond: Racists coming out of the woodwork - oregonlive.com - September 21st, 2020
- WeChat and TikTok Sanctions Not to Came Into Effect Yesterday - JD Supra - September 21st, 2020
- The Oklahoma Meat Consumer Protection Act is Meat Lobby's Response to the Increased Consumer Demand for Plant-Based Options - vegconomist - the vegan... - September 21st, 2020
- Army esports team denies accusations of violating First Amendment, offering fake giveaways - ArmyTimes.com - July 21st, 2020
- FIRST FIVE: Fighting over the meaning of First Amendment freedoms - hays Post - July 21st, 2020
- John Bolton Gambles That Constitution Will Save Profits on Book That Was Embarrassing to the President - Law & Crime - July 21st, 2020
- Second Circuit Wrecks All Sorts Of First Amendment Protections To Keep Lawsuit Against Joy Reid Alive - Techdirt - July 21st, 2020
- Editorial A flushtrated community: Potsdam trampling on First Amendment rights of toilet artist - NNY360 - July 21st, 2020
- This Week in Technology + Press Freedom: July 19, 2020 - Reporters Committee for Freedom of the Press - July 21st, 2020
- Churchill: Troy preacher has the right to offend - Times Union - July 21st, 2020
- More conferences cancel fall sports and other COVID-19 news - Inside Higher Ed - July 21st, 2020
- First Amendment on the street | Opinion | dailyitem.com - Sunbury Daily Item - June 30th, 2020
- Taking a cellphone video of police? Theres a First Amendment for that - Seattle Times - June 30th, 2020
- First Amendment Bars California from Requiring a Proposition 65 Glyphosate Warning - JD Supra - June 30th, 2020
- Read the First Amendment | Letters To The Editor - The Central Virginian - June 30th, 2020
- First Amendment right to protest is in jeopardy in Jacksonville - The Florida Times-Union - June 30th, 2020
- Pence says First Amendment is why Trump campaign held Tulsa rally despite local health officials' warnings - Yahoo News - June 30th, 2020
- Supreme Court hands win to religious schools | TheHill - The Hill - June 30th, 2020
- Letter to the Editor: Remember and Defend the First Amendment - Dana Point Times - June 20th, 2020
- Another look at the First Amendment | Opinion - Franklin News Post - June 20th, 2020
- Death threats protected by First Amendment, attorney says - Alpena News - June 20th, 2020
- Really Pathetic: First Amendment Expert Torches DOJ Efforts to Stop John Bolton Book - Law & Crime - June 20th, 2020
- The First Amendment protects attorneys from compelled speech | TheHill - The Hill - June 17th, 2020
- Protesters are protected by the First Amendment and will not be cited any violations if they remain peaceful - WATN - Local 24 - June 17th, 2020
- Dear Journal: That's some amendment, that First Amendment; let's use it - The Daily World - June 17th, 2020