Monday, April 06, 2020
#FREESPEECH in the News April, 6, 2020
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.) Law banning public worker picketing violates free speech, Missouri Supreme Court says
The Missouri Supreme Court has dealt a blow to a controversial 2018 labor law restricting public employees’ right to picket.
In a unanimous decision issued Tuesday, the high court upheld a lower court ruling that struck down the picketing restriction. The statute in question requires labor agreements between unions and public bodies to prohibit any kind of picketing. But this prohibition is “unconstitutionally broad” and would violate public employees’ freedom of speech, Judge Zel Fischer wrote in his opinion.
Previous court rulings have recognized that public employees’ speech “on matters of public concern” can only be restricted if it would interfere with the efficient delivery of public services, Fischer wrote.
2.) Supreme Court won't hear challenge to DC Metro ban on religious ads
The Supreme Court on Monday said it would not take up the Catholic church's challenge to the Washington, D.C., transit authority's policy banning religious ads, allowing the policy to remain in place.
The Archdiocese of Washington had sued the Washington Metropolitan Area Transit Authority (WMATA) after the agency refused to run one of its Christmas ads, alleging that the policy violates the First Amendment. The case appeared to be an attractive one for the court's conservative wing, but with Justice Brett Kavanaugh recusing himself from consideration of the case because he was involved as an appeals court judge, the faction lacked the necessary four votes to grant the Archdiocese's petition.
Justice Neil Gorsuch issued a dissent, joined by Justice Clarence Thomas, arguing that WMATA's policy is "viewpoint discrimination by a governmental entity and a violation of the First Amendment," noting that the agency ran more secular Christmas-themed ads.
3.) The FCC will not investigate President Trump over alleged misinformation
The Federal Communications Commission will not pursue misinformation complaints against broadcasters who air President Trump’s daily press conferences, the commission announced today.
The FCC’s announcement came in response to an emergency petition by the advocacy group Free Press, which had called on the commission to investigate “the spread of false COVID-19 information via broadcast outlets across the United States.” In particular, Free Press alleged that the president was spreading misinformation about the efficacy of the drug hydroxychloroquine, which has been erroneously promoted as a miracle cure for the ongoing pandemic.
Commonly prescribed as an antimalarial drug, hydroxychloroquine is largely untested as a treatment for COVID-19, and there is no medically significant evidence that it is effective against the disease. However, the drug has been widely promoted in the media, being mentioned by Fox News more than 100 times over the course of three days.
