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First Amendment

The Emergence of Orwellian Newspeak and the Death of Free Speech

John W. Whitehead | Posted 06.30.2015 | Politics
John W. Whitehead

How do you change the way people think? You start by changing the words they use. In totalitarian regimes--a.k.a. police states--where conformity and compliance are enforced at the end of a loaded gun, the government dictates what words can and cannot be used.

Two Kansas Universities Are in Legal Dispute Over Supervising Student Speech Off Campus

Student Press Law Center | Posted 06.26.2015 | Education
Student Press Law Center

Kansas State University and the University of Kansas are butting heads over how heavily universities can and should supervise student speech off campus under the guidelines set by Title IX to govern sexual harassment.

How to Defeat 'Revenge Porn': First, Recognize It's About Privacy, Not Revenge

Mary Anne Franks | Posted 06.22.2015 | Technology
Mary Anne Franks

That so many states are taking this issue seriously is tremendous progress. It is crucial, however, to ensure that the laws being passed truly protect victims and that they are clear, principled, and constitutionally sound. Unfortunately, many of these state laws do not fulfill these criteria.

Texas License Plates, the Confederate Flag and the Supreme Court

Geoffrey R. Stone | Posted 06.20.2015 | Politics
Geoffrey R. Stone

Why are people willing to pay for the right to put their message on a license plate, rather than just put it on a bumper sticker? Justice Breyer suggests that it is because they want the state's endorsement of their message. The problem, though, is that this is about the state discriminating among private speakers based on whether it approves or disapproves of the message. This, the First Amendment does not permit.

Friday Talking Points -- Racist Domestic Terrorism

Chris Weigant | Posted 06.19.2015 | Politics
Chris Weigant

It's been a rollercoaster week in the political world, beginning with Hillary Clinton shifting the gears of her campaign by holding her first big rally, which was immediately followed by the man we're going to call "Jeb! Bush!" finally officially announcing his own candidacy.

Supreme Court to Government: No, 'Good Intentions' Don't Give You a License to Censor Speech

Evan Bernick | Posted 06.18.2015 | Politics
Evan Bernick

In Reed v. Town of Gilbert, Arizona, a unanimous Court invalidated a town sign code that subjected certain signs to harsher restrictions than others, depending upon what messages they conveyed.

Nick Wing

Church And State Are Separate In The U.S., Except When They're Not

HuffingtonPost.com | Nick Wing | Posted 06.16.2015 | Politics

Any decent, red-blooded American politician loves the Constitution. It seems fair, then, to expect these politicians to respect the very first right e...

The Spirit of Nero Lives in the Tar Heel State

Byron Williams | Posted 06.16.2015 | Gay Voices
Byron Williams

Senate Bill 2 is a reactionary law; and the history of reactionary laws is a sketchy one. Often times these laws are enacted in response to an event or action to prevent further acts from reoccurring.

Why Andy Cuomo Attacks the "Wall of Separation"

Alan Singer | Posted 06.12.2015 | Education
Alan Singer

Andrew Cuomo is attempting a backdoor effort that tries to avoid the "wall of separation" by offering tax credits to individuals who make donations to religious schools for scholarships. Not only is his plan a threat to basic constitutional principles, by it is a threat to public education.

The Cider House Rules -- and a Supreme Court Ruling

Joseph Cooper | Posted 06.05.2015 | Books
Joseph Cooper

For those birthing presidential campaigns and those conceiving runs for legislative power and those lusting for criminal court judgeships, The Cider House Rules and Griswold v. Connecticut should be required reading.

Religious Stereotyping Is Bullying

Warren J. Blumenfeld | Posted 06.03.2015 | Religion
Warren J. Blumenfeld

Fortunately, many good people of Phoenix -- Muslim and non-Muslim alike -- intervened against the stereotyping and the bullying perpetrated by Ritzheimer and his malevolent and misguided followers.

Outrage of the Month: Industry Lawsuit Threatens FDA's Regulation of Drugs

Michael Carome, M.D. | Posted 06.02.2015 | Politics
Michael Carome, M.D.

On May 7, Amarin Pharma filed an unusual lawsuit against the Food and Drug Administration (FDA), arguing that the agency's drug regulations violate the company's First Amendment free-speech rights. If Amarin prevails in its litigation, the repercussions for patient and public health will be dire.

My Testimony in Front of Congress About Free Speech on Campus (LIVE STREAM)

Greg Lukianoff | Posted 06.02.2015 | College
Greg Lukianoff

Blinn is a public college bound by the First Amendment, but when a student wanted to protest in favor of her Second Amendment rights she was told that she had to limit her free speech activities to this tiny zone.

Jeb Bush Lacks Key Presidential Quality

Cody Cain | Posted 05.29.2015 | Politics
Cody Cain

One of the most critical qualities of any president is judgment. Therefore, every candidate seeking this high office must clearly possess sound judgment. This includes the ability to perceive facts correctly and assess situations accurately. This quality is absolutely essential.

The Third Rail of Journalism

Stephen Jaffe | Posted 06.01.2015 | Media
Stephen Jaffe

Google is a wonderful creation. However, despite Google's historic contribution to the world, the fact remains that many of the links it lists on its search pages are often partially or even completely false.

Scott Walker and the GOP Turning First Amendment Rights Upside Down

Sue Wilson | Posted 05.22.2015 | Media
Sue Wilson

It's been a year since the First Amendment suffered a gigantic blow as a result of the 2012 Scott Walker recall campaign. Now, there is another threat to free speech, stemming from that same recall of GOP presidential hopeful Walker looming at the Wisconsin State Supreme Court.

'Free Speech for Me but Not for Thee' These Days

John A. Tures | Posted 05.19.2015 | Politics
John A. Tures

Fox News has been heavily criticizing a Boston University professor for racist tweets while condemning colleges for having speech codes regulating such words.

First Amendment Lawsuit Says Student Was Punished for Wearing a T-shirt Advocating Gun Rights

Student Press Law Center | Posted 05.27.2015 | Education
Student Press Law Center

Near the entrance of Logan Middle School is a statue called "The Doughboy" -- a World War I soldier carrying a firearm in one hand, and in the other a grenade.

Tyler Kingkade

Purdue Takes A Stand For Free Speech, No Matter How Offensive Or Unwise

HuffingtonPost.com | Tyler Kingkade | Posted 05.15.2015 | College

Purdue University has become the first public institution of higher education to adopt a free speech policy called the "Chicago principles," condemnin...

Ryan J. Reilly

Ferguson Defends Arrest Of Man Who Was Filming Police

HuffingtonPost.com | Ryan J. Reilly | Posted 05.07.2015 | Politics

City officials in Ferguson, Missouri, are defending the arrest of an observer who was filming an arrest during a protest last month, telling a federal...

Reading Charlie Hebdo in Context

Mugambi Jouet | Posted 05.07.2015 | Politics
Mugambi Jouet

Whether one enjoys Charlie Hebdo's cartoons or finds them offensive, George Orwell's words seem to capture the heart of the matter: "If liberty means anything at all it means the right to tell people what they do not want to hear."

The First Amendment Must Be Upheld Consistently, or It Can't Be Upheld at All

Greta Van Susteren | Posted 05.07.2015 | Politics
Greta Van Susteren

Being consistent about the First Amendment says a lot. It proves you truly stand behind, and with, the First Amendment. I am using this consistency to make a point here about the First Amendment. Consistency when it comes to rights matters for the protection of that right.

Freedom of Speech Is Everything

Gad Saad | Posted 05.06.2015 | Religion
Gad Saad

In a pluralistic society, people have to accept that others do not hold their religious views with any reverence.

Scalia and Alito: Have You No Sense of Decency, Sirs?

Bill Quigley | Posted 05.04.2015 | Politics
Bill Quigley

It is past time for family, friends, lawyers, legal associations and law schools to ask Alito and Scalia to halt and to answer the question "Have you no sense of decency, sirs?"

A Constitutional Challenge to NYC's Ban on Dancing

Sonja West | Posted 06.30.2015 | New York
Sonja West

For almost 90 years, the city of New York has prohibited social dancing in most restaurants and bars unless the venue has first obtained a special cabaret license.