Monday, March 08, 2021
#FREESPEECH in the News March 8, 2021
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.) Free speech or criminal harassment? Judge to mull charges filed against local woman
A Parma Heights woman's defense attorneys have asked a magistrate judge to dismiss the charges against her after Brook Park prosecutors filed harassment and stalking charges last year related to the woman's online posts that were critical of a local nursing home facility. Some of the leading constitutional law experts, in particular those with expertise in First Amendment law, have expressed concern about the case and, specifically, the constitutionality of two state statutes used in the case.
In October 2020, Gina Criscione was charged with two first degree misdemeanors: telecommunications harassment and menacing by stalking. According to court documents, she's accused of engaging in a "pattern of conduct" intent on causing distress by "posting multiple negative messages" to social media directed toward East Park Care Center and its administrator. Court documents also allege that Criscione posted several messages on social media with "the purpose to harass and annoy" the nursing home administrator.
The misdemeanor charges against Criscione were an emphatic salvo in a summer of discontent between her, East Park Care Center and its administrator.
2.) Parler sues Amazon again, alleging effort to 'destroy' app
Parler, a social media app popular among right-wing groups, filed a new lawsuit accusing Amazon.com Inc of trying to destroy its business following the Jan. 6 storming of the U.S. Capitol by supporters of former President Donald Trump.
The lawsuit seeking a variety of damages, including triple damages for anticompetitive conduct, was filed in Washington state court on Tuesday, two weeks after Parler returned online following a monthlong absence. Parler went dark when Amazon suspended its web-hosting services following the Capitol attack, saying Parler had failed to effectively moderate violent content on its website.
The new lawsuit came as Parler voluntarily dismissed a federal lawsuit against Amazon over that suspension on Tuesday, the deadline to file an amended complaint. Parler’s new lawsuit accused Amazon of a slew of contractual violations, and like the original case said Amazon shut it down to benefit a new client, Twitter Inc.
3.) Critics worry Kentucky 'riot' bill will ensnare protestors and stifle free speech
Critics say a bill that cleared an early hurdle Thursday is aimed at cracking down on protestors amid the ongoing racial justice movement. Senate Bill 211 was passed favorably out of committee on a 7-3 vote, with its sponsor defending the legislation.
"This is not about lawful protests in any way, shape form or fashion," said Sen. Danny Carroll. "It's to protect our first responders, it's to protect our communities, it's to protect property, and that's both public and private."
The bill defines a riot as "a public disturbance involving an assemblage of five (5) or more persons which by tumultuous and violent conduct creates grave danger of damage or injury to property or persons or substantially obstructs law enforcement or other government function," a definition critics charge is overly broad. Police would be authorized to use "defensive force" in any situation that meets that definition. The bill also prohibits camping in an area where a riot occurs for 24 hours after the riot.
