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Want to know what is on our minds? Find blog posts written here, by the City Club staff, members, and partners. Every week you can find a new edition of #FreeSpeech in the News — a collection of related stories, commentary, and opinions on free speech in the 21st century that’s making the news. You’ll also find takes on current events, past forums, and issues surrounding Northeast Ohio. Read on for all things City Club.

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Monday, April 22, 2019

#FREESPEECH IN THE NEWS: APRIL 22, 2019

Bliss Davis, Content and Programming Coordinator, The City Club of Cleveland

#FREESPEECH IN THE NEWS: APRIL 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.) Round 2: ACLU of Iowa says state's new ag-gag law violates free speech protections

Iowa's second attempt to make it a crime for journalists, advocacy groups and others to go undercover at meatpacking plants and livestock facilities will face another legal challenge. The ACLU of Iowa filed a lawsuit Monday challenging the state's new ag-gag law, saying the it's unconstitutional, chilling free speech and criminalizing a free press.

"The Ag Gag 2.0 law aims to silence critics of worker rights abuses, animal cruelty, unsafe food safety practices, and environmental hazards in agricultural facilities," Rita Bettis Austen, ACLU of Iowa legal director, said in a statement.

"Legislators rushed to pass Ag Gag 2.0 shortly after the federal injunction of Ag Gag 1.0 came down. Enough is enough. Free speech means the government is not allowed to put the PR interests of one industry above the constitutional rights of its critics,” Austen said.

A federal court judge ruled in January the state's 2012 ag-gag law was unconstitutional, violating the First Amendment's free-speech protections. Iowa lawmakers say the new law has been more narrowly crafted to avoid constitutional challenges that befell an existing law.

2.) Gay valedictorian who gave speech with a megaphone given First Amendment award

A gay teenager from Northern Kentucky who was not allowed to give his valedictorian speech at his high school graduation will be honored with a first amendment award in May. Christian Bales, of Cold Spring, was told he could not give his speech at Holy Cross High School last May because the Diocese of Covington disagreed with the content of his speech.

Instead, Bales gave his speech on a megaphone outside the ceremony in Crestview Hills. His words focused on the activism of young people, including a reference to the students from Parkland, Florida's Marjory Stoneman Douglas High School calling for an end to gun violence.

Bales is one of seven individuals the Hugh M. Hefner Foundation has chosen to honor at this year’s First Amendment Awards Gala on May 15 at the Newseum in Washington, D.C.

3.) Use of ‘husher’ during jury selection violates First Amendment

A coalition of 18 media organizations, led by the Reporters Committee for Freedom of the Press, is arguing that a Washington, D.C. trial court judge’s decision to obscure the public’s ability to hear a jury selection violates the First Amendment.

Jonathan Blades is seeking rehearing or reconsideration of a D.C. Court of Appeals panel ruling that upheld the trial judge’s use of a white noise machine in Blades v. United States to prevent members of the public from hearing individual juror’s answers to questions during jury selection, also known as voir dire. The media coalition filed a friend-of-the-court brief on April 8 supporting his request, claiming the use of a white noise machine or husher interferes with the public’s First Amendment right of access to judicial proceedings.

“The very purposes of the First Amendment right of access — to allow the public to oversee and understand what is transpiring in the courtroom, and to monitor judges and participants — cannot be achieved if the public cannot hear what is being said,” the media coalition wrote in the brief. “The First Amendment creates a strong presumption of public access to all aspects of criminal trials, including voir dire.”

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