Citing Free Speech, Judge Voids Part of Antiterror Act

Grok Headline matches for Citing Free Speech, Judge Voids Part of Antiterror Act

Prosecutors, citing child porn
investigation, try to halt free speech
suit by Internet firm

Prosecutors, citing child porn
investigation, try to halt free speech
suit by Internet firm 07/11/2004 06:20 PM
San Francisco Chronicle Jul 11 2004 9:39PM GMT

Does a NY Supreme Court judge say that
the Central Park lawn is more important
than free speech?

Does a NY Supreme Court judge say that
the Central Park lawn is more important
than free speech? 08/28/2004 08:29 PM
Here is the coverage in The New York Times and the New York Law Journal about the denial of United for Peace and Justice's Sunday rally in Central Park (United for Peace and Justice v. Bloomberg, 111893/04), and here is what NY Supreme Court1 Justice Silbermann said: [...] the evidence established that the department's determination was based on entirely content-neutral factors, to wit: that the Great Lawn2 was not an appropriate venue for a demonstration of this magnitude. [...] The Parks Department appropriately applied content-neutral regulations while leaving plaintiff with a reasonable alternate site.

Ark. Judge Voids Ban on Gay Foster
Parents (AP)

Ark. Judge Voids Ban on Gay Foster
Parents (AP) 12/29/2004 08:28 PM
AP - An Arkansas judge Wednesday declared unconstitutional a state ban on placing foster children in any household with a gay member.

Judge Voids Law Keeping Fla. Woman Alive
(AP)

Judge Voids Law Keeping Fla. Woman Alive
(AP) 05/06/2004 01:05 PM
AP - The law pushed by Gov. Jeb Bush to keep a severely brain damaged woman alive is unconstitutional, a Circuit Court judge ruled Thursday. The governor's office filed an immediate appeal.

Error Tied U.S. Lawyer to Spain Blasts;
Judge Voids Case

Error Tied U.S. Lawyer to Spain Blasts;
Judge Voids Case 05/24/2004 06:59 PM
Citing a misidentified fingerprint, a U.S. federal court dropped proceedings against a lawyer who was being questioned in connection with the Madrid train bombings.

It's Not About Free Speech

It's Not About Free Speech 03/22/2005 04:24 PM

So, about all this lawsuit stuff about revealing sources: it's not about bloggers being journalists. You're a fool if you're looking at it from that angle. They're suing to learn which person they trusted broke that trust; which person signed a contract and broke the terms of that contract.

In short, they're not terrorizing the bloggers, they're going after their own employees and/or developers to show that the NDA has teeth. As such, don't expect negative press to shut it down. They're going to keep going because the future of the NDA is at stake, not the future of blogging. I believe that Apple honestly couldn't give a rat's ass about that. You can bring free speech and journalism and sources and all that shit into this all you want, but in the end, Apple is protecting its right to hold people to contracts they sign. Don't expect this to go away any time soon, and especially not from public opinion.

If you sign a piece of paper, you better damn well read what you signed. That's all this comes down to. No need to lament the "death" of free speech (which was intended to mean you can't get arrested for speaking your mind, not revealing corporate secrets that you promised, in a contract, that you wouldn't, or conspiring with that person to reveal them); free speech isn't dead. You can lambast the government all you want, or be the whistle-blower at a corporation all you need. What's at stake here is Joe Blow saying he won't say a word and then telling the world everything he heard.

So much for free speech in the US II

So much for free speech in the US II 10/29/2003 12:09 AM
I can't help but wonder what goes on in the heads of the airlines staff throwing off people because of buttons. No matter the text...

Free Speech

Free Speech 07/04/2004 08:54 AM
Chicago Tribune Jul 4 2004 12:13PM GMT

Judge Rules Part of Patriot Act Unlawful
(AP)

Judge Rules Part of Patriot Act Unlawful
(AP) 01/26/2004 08:47 PM
AP - For the first time, a federal judge has declared unconstitutional a section of the USA Patriot Act that bars giving expert advice or assistance to groups designated foreign terrorist organizations.

The Future of Free Speech

The Future of Free Speech 09/14/2004 01:54 AM
Cass Sunstein's The Future of Free Speech

"I seek to defend a particular conception of democracy — a deliberative conception — and to evaluate, in its terms, the outcome of a system with perfect power of filtering."

Suppressing Free Speech

Suppressing Free Speech 03/29/2005 06:02 PM
Suppressing Free Speech
On "...Monday, March 28, the Secret Service called three everyday people into their offices to discuss why we were kicked out of a presidential event in Denver last week where Bush promoted his plan to privatize Social Security. What they revealed to us and our lawyer was fascinating.

There we were - three people who had personally picked up tickets from Republican Congressman Bob Beauprez's office and went to a presidential event. But as we entered, we were told that we had been 'ID'ed' and were warned that any disruption would get us arrested. After being seated in the audience we were forcibly removed before the President arrived, even though we had not been disruptive. We were shocked when told that this presidential event was a "private event" and were commanded to leave....The Secret Service revealed that we were 'ID'ed' when local Republican staffers saw a bumper sticker on the car we drove which said 'No More Blood For Oil.'" Related Associated Press story.

Welcome to the Free Speech Coalition

Welcome to the Free Speech Coalition 06/24/2005 05:56 PM
Perverted Speech Coalition

freespeechcoalition.com
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Speech isn't free if it's critical.

Speech isn't free if it's critical. 05/20/2004 10:17 AM
Poetry isn't free speech for these students. Bill Nevins, a New Mexico high school teacher was fired last year and classes in poetry and the poetry club at Rio Rancho High School were permanently terminated because he refused to censor a student's poetry that was "un-American."

Free Speech -- Virtually

Free Speech -- Virtually 12/19/2002 05:39 PM
Late last year, John Stanforth posted to his personal Web site a reminiscence about software he had developed for internal...

Free speech: Do Americans really believe
in it?

Free speech: Do Americans really believe
in it? 07/04/2004 03:31 PM
Chicago Tribune Jul 4 2004 6:08PM GMT

Fair use = free speech

Fair use = free speech 07/11/2004 03:35 PM
Lessig points out a documentary on Fox News, one that makes extensive use of clips from Fox, without permission, to make its point, and what this means:

As the Times article describes, Greenwald's style for distributing documentaries may be the beginning of something new -- political criticism, using interviews and clips, making a strong political point, distributed through DVDs and political action groups. (See some other examples here). On what theory does he, and others, have the right to use such material without permission? On the free culture theory we call the First Amendment: Copyright law must, the Court told us in Eldred, embed "fair use"; "fair use" is informed by First Amendment values; the values of the First Amendment most relevant here are those expressed in New York Times v. Sullivan. As with news-gathering, critical political filmmaking needs a buffer zone of protection against the overreaching of the law. And if the potential of this medium -- now liberated by digital technology -- is to be realized, we need clear precedents that establish that critics have the freedom to criticize without having to hire a lawyer first.

Link (Thanks, Larry!)

Free Speech in Action

Free Speech in Action 06/23/2004 05:19 PM
Take the President to the movies. Because how can you speak intelligently about a film if you haven't watched it?

Federal Judge Strikes Down Part of
Patriot Act (Reuters)

Federal Judge Strikes Down Part of
Patriot Act (Reuters) 01/26/2004 05:18 PM
Reuters - A federal judge in Los Angeles has struck down as too vague part of the Patriot Act that bars providing "expert advice and assistance" to foreign terrorist groups -- marking the first time a court has declared part of the law unconstitutional.

CNN.com - Federal judge rules part of
Patriot Act unconstitutional - Jan. 26,
2004

CNN.com - Federal judge rules part of
Patriot Act unconstitutional - Jan. 26,
2004 01/27/2004 07:30 PM
Parts of the Patriot Act ruled unconstitutional. Sorry, Asscroft .. unconstitutional

cnn.com/2004/LAW/01/26/patriot.act.ap/index.html
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Should universities permit free speech?

Should universities permit free speech? 01/07/2004 04:25 PM

The October 10, 2003 issue of MIT's student newspaper, the Tech, carried some articles about a group of unfortunate students who decided to hold a ghetto/rap-themed party in their dorm.  The invitation email started "Callin all you playas, pimps, hos, gangstas, and bitches...".  Various campus functionaries indicated their displeasure at what they viewed as an assault on the sacred principle of diversity. The students immediately issued a craven apology to the community but nonetheless Chuck Vest, the president of MIT, responded by noting that his administration would "deal swiftly and fairly with those responsible for the event."

Today's issue of the Tech carries some more invective from the administration directed as these allegedly racist students.

There was no actual evidence of racism by the students holding the party and in fact the only people involved in this dispute who are known to judge others by the color of their skin are the MIT administrators themselves.

A very similar situation occurred in the 1990s at University of California Riverside.  A fraternity held a "South of the Border" party advertised with a poster featuring a sleeping Mexican, complete with sombrero and tequila bottle.The frat boys were harshly disciplined until a lawyer sued the school, pointing out that (a) half of the fraternity brothers were Mexican-American, and (b) the First Amendment prohibited a state institution from editing the fraternity's party posters.  A federal judge sided with the students.

So many university administrations have tried to muzzle their students that an entire non-profit organization, http://www.thefire.org, exists to fight back.

Perhaps, however, the university bureaucrats are doing the right thing after all.  The U.S. Constitution guarantees that the government won't interfere with your right to free speech.  Private employers, however, are free to say "You will continue to receive a paycheck so long as you stay in your cubicle with your head down and your mouth shut."  Only a tiny fraction of Americans have a practical right to free speech and these are primarily the very rich and the very poor.  A primary mission of a college is to prepare young people for the real world.  Does it really make sense to delude kids into thinking that they can say whatever they want and still have a paycheck and health insurance?  Perhaps it would be better for a university president to address the incoming freshmen thusly... "This is my plantation and if you want to stay here for four years you'll learn to say 'Yes, Massah'".

Diversity! Tolerance! Free speech!

Diversity! Tolerance! Free speech! 09/17/2004 12:30 PM
Score one for tolerance and diversity. Three-year-old Sophia Parlock cries while seated on the shoulders of her father, Phil Parlock, after having their Bush-Cheney sign torn up by Kerry-Edwards supporters on Thursday, Sept. 16, 2004, at the Tri-State Airport in Huntington, W.Va. Do the smirking people in this photo really feel proud for terrorizing a three-year-old girl?

sad state of free speech in Canada

sad state of free speech in Canada 12/03/2003 06:22 AM
Bernstein: "You Can't Say That" .. their PC-speech-code laws .. David E. Bernstein writes .. NRO

nationalreview.com/comment/bernstein200312020910.asp
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Is A Ban On Gambling Ads A Violation Of
Free Speech?

Is A Ban On Gambling Ads A Violation Of
Free Speech? 08/17/2004 03:50 AM
Earlier this year, we noted that the Justice Department was telling websites they might be "aiding and abetting" illegal activity by running ads for online gambling operations, even if those operations were perfectly legal and run outside of the US. Now, the operator of a casino news website, Casino City, has filed a a lawsuit to have it declared that running such ads is protected free speech, and that the government can't tell them to stop. Of course, there are some precedents, such as bans on liquor and tobacco advertising, but it doesn't appear that any specific law has been put in place banning gambling ads. Still, all of this makes you wonder if the Department of Justice doesn't have slightly more important things to be worrying about than if a casino news site has ads from online casinos.

free speech gagged--thanks to the
Patriot Act

free speech gagged--thanks to the
Patriot Act 05/30/2004 11:21 PM
National Security Letters and John Doe --once only issued against suspected terrorists and spies, NSLs now can be used, thanks to the Patriot Act, against all and any of us. John Doe, the currently gagged owner of a small ISP was targeted for the political speech of his customers and is fighting, along with the ACLU and others. More here (and more inside)

Free speech, bad taste and the Pope.

Free speech, bad taste and the Pope. 03/17/2005 03:20 AM
"The 52 funniest things about the upcoming death of the Pope," by New York Press columnist Matt Taibbi, generated controversy that spread from conservative blogs outward. The Press was de nounced by legislators, one of whom suggested New Yorkers throw the paper away; it was slammed by gossip columnist Lloyd Grove, possibly in retaliation for Grove's being named No. 20 on this list. After refusing a suspension, Press editor Jeff Koyen resigned and bashed his bosses, calling one a "spineless alt-weekly weenie." The public back-and-forth between erstwhile editor and former boss continues, but Taibbi's response to the whole thing is probably the best after the fact summary.

StopFCC.Com - The campaign for free
speech.

StopFCC.Com - The campaign for free
speech. 05/03/2004 03:57 AM
Stop FCC - Free Speech Campaign Petition First Amendment Rights .. Here's how you can help do something about it .. Props to the 1st amendment .. sign the petition .. StopFCC.org

stopfcc.com
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Free Writing and Music - as in Speech

Free Writing and Music - as in Speech 01/11/2004 02:42 AM
I'd like you all to take a moment to browse the Common Content catalog. It is a categorized index of work which has one of the several Creative Commons licenses. Free licenses aren't just for software anymore. The top-level categories in the index are images, movies, audio, text and web sites. I'm taking the trouble to recommend Common Content just now because I don't think either the catalog or the Creative Commons licenses are as well known as they deserve to be.

Testing Free Speech In America

Testing Free Speech In America 01/02/2005 01:56 PM
Arabic Media Internet Network Jan 2 2005 4:29PM GMT

Free Speech Behind the Razor Wire

Free Speech Behind the Razor Wire 07/27/2004 06:16 AM
A so-called free-speech zone has been set up to contain protesters at this week's Democratic National Convention. But it's ringed with chain link and barbed wire, and it looks a lot like a gulag. Mark Baard reports from Boston.

Nikken opposed to free speech

Nikken opposed to free speech 01/27/2004 12:37 PM
Jarle Dahl Bergersen recently received a Cease and Decist letter from the Nikken bullies for alleged copyright infringement. Nikken writes:...

Free Speech Takes Its Lumps

Free Speech Takes Its Lumps 07/26/2004 04:17 PM

Tim Rutten (LA Times; reg req): Free speech under fire all around the nation. At some point over the last decade the words "I think you're wrong about that" were replaced by the dismissive "you can't say that." The opponents of free speech always have a higher value that must be maintained by silencing somebody else — patriotism for the Las Vegas louts; a woman's right to sexual privacy in Colorado; a distaste for politicized airwaves in Washington. But this isn't a discussion that admits a distinction between regrettable means and a desirable end. Speech is free for everyone or it's free for no one. There is a long and painful history to teach us that when liberty of expression is suppressed, the public square does not become a silent place but one where the only sound is the voice of authority.

High schoolers on free speech

High schoolers on free speech 02/01/2005 08:38 PM
David Pescovitz: A new study reveals that far too many US high school students don't seem to understand the meaning of free speech, aren't taught about the First Amendment, or simply don't care. A few choice excerpts from the AP story:

...When told of the exact text of the First Amendment, more than one in three high school students said it goes "too far" in the rights it guarantees. Only half of the students said newspapers should be allowed to publish freely without government approval of stories...

Three in four students said flag burning is illegal...

About half the students said the government can restrict any indecent material on the Internet.

Who is teaching these kids? Link

UPDATE: Fortunately at least some students aren't being entirely short-changed by their schools, as this email from BB reader Maxx Garrison points out:

"I am a junior (11th grade) at Cocalico High School. Our school has a mandatory course named Principals of Democracy. In this class, we are taught everything about the Constitution including an in depth study of the Bill of Rights. The students must also write a essay about a section of the bill of rights and also conduct a formal debate against fellow classmates. On this essay we must use at least 34 sources and my paper turned out to be 16 pages on the second amendment right to bear arms. So, just to clarify, some of us do know a thing or two about the constitution. Also, as students, we do not have the right to free speech, protection from unreasonable search or seizure, or freedom of assembly."

UPDATE: As reader Steve Jones points out, the common "principals" vs. "principles" spelling error in Maxx's email is particularly ironic in this case.

UPDATE: Blogger Britta Gustafson says:

Students do have the right to free speech, protection from unreasonable search or seizure, and freedom of assembly. The rights are more restricted than those of adults, but we have them. The extent depends on your state and school district.

I'm in 12th grade at a high school in the horrible Los Angeles Unified School District. My friends and I started an underground newspaper because the principal insisted on prior review if we did an official one. She can't stop us from publishing and distributing our paper as long as it is not disruptive, libelous, or obscene. We can only be searched randomly or if there is reasonable suspicion. We are free to assemble on and off campus as long as it is not disruptive.

The problem is that students don't have the resources to protect their rights. We get suspended if we don't wear the school uniform -- even though mandatory uniforms are illegal -- and we can't do much about it. The District bureaucrats don't care and legal action is out of reach for most of us.

But we write about it. High school journalism is still alive -- and the best way for us to learn what our 1st Amendment rights really mean.

Nude Barbie Photos Are Free Speech

Nude Barbie Photos Are Free Speech 01/01/2004 03:22 AM

story.news.yahoo.com/news?tmpl=story&cid=573&ncid=757&e=2&u=/nm/200 31230/od_nm/barbie_dc
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Yahoo's free-speech appeal gets hearing

Yahoo's free-speech appeal gets hearing 03/24/2005 01:51 PM
Yahoo is set to go before a U.S. appeals court in a case to determine whether a foreign court can censor speech that originated in the United States.

Yahoo, which is presenting the case Thursday to the U.S. Court of Appeals for the 9th Circuit, has asked the court to find that orders issued in a French court are unenforceable and that the defendants cannot collect their multimillion-dollar claims. Nearly five years ago, antihate groups in France sued Yahoo over Nazi paraphernalia posted for auction on its U.S. Web site. A French court ordered Yahoo to block all sales or display of such items that could be seen by citizens of France, based on that country's laws prohibiting racism.

News source: C|Net News.com

Read full story...

Clear Channel's Cowardice on Free Speech

Clear Channel's Cowardice on Free Speech 06/09/2004 01:57 PM

Jeff Jarvis: Clea r Quisling. For now that they have knuckled under to the FCC, there's no telling what's next.

We said the free speech zone was over
there, liberal scum

We said the free speech zone was over
there, liberal scum 06/17/2004 10:14 AM
Weapons that can incapacitate crowds of people by sweeping a lightning-like beam of electricity across them are being readied for sale to military and police forces in the US and Europe. From guns that shoot streams of conductive fibers to plasma that will stop a truck, the military and the police are getting whole new ways to deal with protestors.

Online gambling ads: free speech or
illegal?

Online gambling ads: free speech or
illegal? 08/17/2004 10:54 PM
Chron.com - Tue Aug 17, 04:25 pm GMT

"So much for Free Speech and First
Amendment Rights in Boston!"

"So much for Free Speech and First
Amendment Rights in Boston!" 07/25/2004 02:34 AM

Web porn law violates free speech: U.S.
court

Web porn law violates free speech: U.S.
court 06/29/2004 07:10 PM
CTV.ca Jun 29 2004 11:11PM GMT
Grok Description matches for Citing Free Speech, Judge Voids Part of Antiterror Act
GrokA matches for Citing Free Speech, Judge Voids Part of Antiterror Act

Citing Free Speech, Judge Voids Part of Antiterror Act

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