Tuesday, January 22, 2019
#FREESPEECH IN THE NEWS: JANUARY 22, 2019
As the Citadel of Free Speech here in Cleveland, we work to protect and promote the basis of our democracy by sharing related stories, commentary, and opinions on free speech in the 21st century. Here's what's making the news – and what you should know about – in the past week.
1.) Supreme Court refuses to hear coach's free speech case
The Supreme Court on Tuesday refused to hear a case challenging whether teachers and coaches retain any first amendment right to freedom of speech and religion when they’re in the presence of students.
The case centers on Joseph Kennedy, who was suspended and ultimately let go from his job as a high school football coach in Bremerton, Washington, for kneeling midfield and saying a quiet prayer to himself after games.
Bremerton School District said it was required by the Establishment Clause of the Constitution to prohibit Kennedy’s brief post-game prayers because reasonable observers would think the District was endorsing his religious beliefs, according to court documents.
He then sued the school for allegedly violating his right to free speech and exercise of religion, but both the district court and the Ninth Circuit Court of Appeals sided with the school district.
2.) Kiah Morris case: How far do free speech protections go in the US?
Kiah Morris was the only black woman in the Vermont legislature - until she quit in September after two years of abuse. This week, the state's attorney general agreed that the former Democratic representative had been subjected to racial and gender harassment, but he ruled against criminal charges, citing free speech.
During the following news conference, just as Morris took to the microphone, the accused white supremacist was seen entering the room. "This is not safe," someone in the crowd shouted out as Max Misch stood at the back of the church, wearing a Pepe the Frog T-shirt - a renowned hate symbol.
Attorney General TJ Donovan presented a 10-page report of his investigation at Monday's news conference.
"The online communications that were sent to Ms Morris by Max Misch and others were clearly racist and extremely offensive," it concluded. "However, the First Amendment does not make speech sanctionable merely because its content is objectionable."
3.) Judge finds Republicans violated free speech rights by blocking liberal group on Twitter
A federal judge ruled Friday that three Wisconsin Republicans violated the First Amendment rights of a liberal group by blocking it on Twitter. U.S. District Judge William Conley found in a 30-page ruling that Assembly Speaker Robin Vos of Rochester and two others had acted unconstitutionally by blocking One Wisconsin Now on Twitter "because of its prior speech or identity."
One Wisconsin Now — an advocacy group that frequently tweaks Republicans online — in 2017 sued Vos, Rep. John Nygren of Marinette and then-Rep. Jesse Kremer of Kewaskum for blocking it on Twitter.
By blocking One Wisconsin Now, the three lawmakers prevented the group from responding to their posts and offering its own — often snarky — point of view.
Conley, who was appointed to the bench in 2010 by President Barack Obama, determined the three Republicans ran their Twitter accounts as public officials. By operating those accounts, they chose to participate in an interactive forum open to the general public, he wrote.
