Archive for the ‘First Amendment’ Category

Media Summit theme to look at 2020 through lens of first amendment – Oswegonian

On Friday, Oct. 9, SUNY Oswegos School of Media, Communication and the Arts announced the theme for the 16th annual Dr. Lewis B ODonnell Media Summit, which will take place virtually on Oct. 28. This years theme is On the Front Lines with the First Amendment.

The summit will analyze freedom of the press and speech through the lens of 2020. The three major prongs to the discussion will be the press impact or role in Black Lives Matter protests, the COVID-19 pandemic and the 2020 Presidential Election. These three were selected during the spring 2020 semester, when the committee was unsure what would still be relevant in October.

We have to choose a theme fairly early on, so we can select the right people on the panel. We thought COVID, and then when Black Lives Matter happened, we thought maybe we should address that We didnt want to choose something that would be out of date or old news, said Julie Pretzat, the Dean of the School of Media, Communications and the Arts. We figured the overarching theme for a lot of these things, COVID as well as Black Lives Matter as well as some of the political things, has been the first amendment. Its freedom of speech. Its how journalists are being treated. When Black Lives Matter marches started, there was some violence and some against journalists.

In an era of media mistrust, it is critical to inform the American public about the goals of good journalism. These goals, according to the Society of Professional Journalists, include seeking and reporting truth, acting independently and being accountable and transparent, among others.

While some people do not necessarily know this side of the media, the Media Summit can act as a way to educate the community regarding the importance of good journalism.

Good journalism is crucial, Pretzat said. Theres bad journalism on both sides of the [political] spectrum, but good investigative journalism is crucial to our country remaining a free democracy.

In a time as complex as 2020, the constitution brings things back into perspective. During the Black Lives Matter protests, journalists were reporting live in the streets risking their own lives to inform the public. Other people on the scene were not as passive, as there were several incidents where police shot foam bullets or hit journalists on the scene, in cities like Minneapolis, Minnesota; Los Angeles, California; and New York City.

People get caught up in the volatility of a specific situation and they forget we have a constitution that tells us really good guidelines about the importance of freedom of the press and freedom of speech, Pretzat said. If you dont have a free press, and you dont have investigative journalism, governments can run amuck. It is really really crucial that we have checks and balances in our government.

Good journalism has become exceptionally important in the political world. Good journalism goes beyond what a demographic wants to hear, it is giving them all the information they need to make good decisions. The Media Summit provides broadcasting and journalism students, as well as all students who want to learn about how the major events of 2020 and the First Amendment have interacted, a chance to learn what good journalism truly is.

It is [important] to remain in the middle, Pretzat said. And to hear both sides so the American people can make their own decisions about things.

Photo By Nicole Hube | The Oswegonian

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Media Summit theme to look at 2020 through lens of first amendment - Oswegonian

Members of Congress Join the Fight for Protest Surveillance Transparency – EFF

Three members of Congress have joined the fight for the right to protest by sending a letter to the Privacy and Civil Liberties Oversight Board (PCLOB) to investigate federal surveillance against protesters. We commend these elected officials for doing what they can to help ensure our constitutional right to protest and for taking the interests and safety of protesters to heart.

It often takes years, if not longer, to learn the full scope of government surveillance used against demonstrators involved in a specific action or protest movement. Four months since the murder of George Floyd began a new round of Black-led protests against police violence, there has been a slow and steady trickle of revelations about law enforcement agencies deploying advanced surveillance technology at protests around the country. For example, we learned recently that the Federal Bureau of Investigation sent a team specializing in cellular phone exploitation to Portland, site of some of the largest and most sustained protests. Before that, we learned about federal, state, and local aerial surveillance done over protests in at least 15 cities. Now, Rep. Anna Eshoo, Rep. Bobby Rush, and Sen. Ron Wyden have asked the PCLOB to dig deeper..

The PCLOB is an independent agency in the executive branch, created in 2004, which undertakes far-ranging investigations into issues related to privacy and civil liberties including mass surveillance of the internet and cellular communications, facial recognition technology at airports, and terrorism watchlists. In addition to asking the PCLOB to investigate who used what surveillance where, and how it negatively impacted the First Amendment right to protest, the trio of Eshoo, Rush, and Wyden, ask the PCLOB to investigate and enumerate the legal authorities under which agencies are surveilling protests and whether agencies have followed required processes for use of intelligence equipment domestically. The letter continues:

PCLOB should investigate what legal authorities federal agencies are using to surveil protesters to help Congress understand if agencies interpretations of specific provisions of federal statutes or of the Constitution are consistent with congressional intent. This will help inform whether Congress needs to amend existing statutes or consider legislation to ensure agency actions are consistent with congressional intent.

We agree with these politicians that government surveillance of protesters is a threat to all of our civil liberties and an affront to a robust, active, and informed democracy. With a guarantee of more protests to come in the upcoming weeks and months, Congress and the PCLOB board must act swiftly to protect our right to protest, investigate how much harm government surveillance has caused, and identify illegal behavior by these agencies.

In the meantime, if you plan on protesting, make sure youve reviewed EFFs surveillance self-defense guide for protesters.

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Members of Congress Join the Fight for Protest Surveillance Transparency - EFF

Amy Coney Barrett’s confirmation hearings; the First Amendment and disinformation; and the latest election machinations. – Slate

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Amy Coney Barrett's confirmation hearings; the First Amendment and disinformation; and the latest election machinations. - Slate

Did the First Amendment to the Constitution lay the foundation for an authoritarian state? – The Indian Express

Updated: October 11, 2020 9:39:21 am

Written by Malini Bhattacharjee

The story of Indian politics is one of continuities more than ruptures contrary to the popular imagination, bolstered by arguments by several mainstream political analysts that the period since 2014 has paved the way for a new regime that has jeopardised democracy and tarnished the idea of India. Singhs book, which narrates the story of the passage of the First Amendment to the Indian Constitution by the Jawaharlal Nehru government in June 1951, provides an important interruption to this narrative.

The book draws attention to the enormous impact of this legislation on the fundamental rights of the citizen. Some of the major modifications introduced included increased restrictions on the freedom of speech and expression in the name of public order, the interests of the security of the state and relations with foreign states. The Act also enabled caste-based reservations by restricting Article 15 from applying to government provisions for the advancement of backward classes; it circumscribed the right to property and validated zamindari abolition by allowing the state to acquire property without paying equitable compensation and ensuring that any law providing for such acquisition could not be deemed void even if it violated the right to property. The final nail in the coffin was the introduction of the Ninth Schedule, where laws could be parked to make them immune to judicial challenge even if they violated the fundamental rights.

Singh foregrounds the discussion by drawing attention to the political climate of the years soon after Independence and the build-up to the passage of the amendment. There is a detailed analysis of how the governments imposition of policies relating to press censorship, enabling caste-based reservations in educational institutions and re-distribution of land were challenged by the affected stakeholders in courts. In all cases relating to press censorship, most notably Brij Bhushan v State of Delhi (1950) and Romesh Thappar v The State of Madras (1950), the judiciary struck down statutes which imposed restrictions on free speech. In Champakam Dorairajan v State of Madras (1951), the Madras High Court, and, later, the Supreme Court declared the Government Order providing caste-based reservations to be unconstitutional.

With elections looming ahead and most of his new schemes being thwarted by the courts, Nehru was convinced that the legal process of testing legislation against the Constitution was delaying his partys social reform agenda. He introduced the First Amendment Bill to the Parliament on May 12. After two weeks of stormy discussions, it was passed on June 2.There are fascinating accounts of the parliamentary debates that raged between Nehru and stalwarts like SP Mookerji, HN Kunzru and Hussain Imam that the author eloquently describes as the first battle of Indian liberalism. These highlight how despite protests by public luminaries, including incumbent governors, jurists and even senior Congress members, the government remained undeterred. The final chapter dwells on the aftermath of the amendment, the most important being that it set a precedent for amending the Constitution to either overturn judicial pronouncements or to suit government agenda.

The book makes it evident that the First Amendment provided the DNA of a Hobbesian state in postcolonial India and laid the foundation of the Nehruvian state. It also lays bare the schisms within the Congress party, the pressure applied on the presidents office to bend to the will of the government, and the ways in which the judiciary was subordinated by the executive. Most importantly, the story also blurs the dichotomies that political analysts slip into: the liberal Nehruvian vision of India versus the RSSs authoritarian one, between progressive and reactionary politics. It leaves us wondering why this story was never told before; is it a mere coincidence or a part of a deliberate political project? The book maintains a dignified restraint in answering this question.

Malini Bhattacharjee is assistant professor, Azim Premji University, Bengaluru

Sixteen Stormy Days: The Story of the First Amendment to The Constitution of India By Tripurdaman SinghPenguin Random House

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Did the First Amendment to the Constitution lay the foundation for an authoritarian state? - The Indian Express

COOMBES: Put the First Amendment first – University of Virginia The Cavalier Daily

As bars and restaurants began to reopen this summer, so did religious institutions. The operation of churches posed the issue of remaining in close quarters for extended periods of time in the midst of a pandemic. Last month, Opinion Writer Nicole Chebili argued that the University should cease unconstitutional exemptions for religious gatherings. However, the United States Constitution enshrines the right to free speech, press, assembly, petition and religion. Supreme Court precedent has clearly established that public universities have no exception to these fundamental freedoms.

The freedom of religion has an essential role in United States history, given that the country was founded on that very ideal. This underscores why its so important for the government to uphold religious freedom, especially in times of political unrest and uncertainty. Universities serve to educate the next generation of leaders and must act to protect rather than restrict these freedoms. The First Amendment is often referred to as the first liberty because freedom of thought and belief is thought to be of utmost importance. Diversity of thought and belief should be at the forefront of the learning community at the University.

In this column, Chebili claims that the University should continue to restrict students from going to religious services in Charlottesville. It is important to note that as long as they are not directly affiliated with the University, religious institutions must already follow city ordinances, which require gatherings to remain under 50 people. It is not the Universitys job nor is it the Universitys right to interfere with students' ability to worship. It sets a dangerous precedent to restrict the freedom of religion by any means. The freedom of religion was a founding pillar of our American Democracy and it must be upheld.

Chebili also mentions that online services provide the same quality sermons, community building and worship. This statement lies in direct contradiction to the religious beliefs of many Christians, for example, who place a great importance on worshiping in person. It is indeed not the same to worship online, as in-person fellowship is essential to Christian life, as well as many other religions. Furthermore, it is not the governments right to dictate the means by which its citizens practice religion.

Next, the column claims that protesting is essential and protected under the Constitution, but religious gatherings are not. The right to assemble dually covers protests and gathering for religious reasons. Under her own line of reasoning, religious gatherings are in fact equally essential, and should be regarded as such by the University. Calling for the University to restrict student attendance of any religious service without applying the same standards to protests is blatantly hypocritical.

Recently, students and the University alike have repeatedly called for restrictions to the religious clause of the First Amendment. In another article, students called for the Fellowship of Chiristian Athletes to be disbanded at the University. This is based on the fact that the Fellowship requires students who wish to hold a leadership position to sign a statement of faith that includes the traditional definition of marriage. No matter how some students feel, the University should not restrict religious freedoms and should reject calls to do so. Disagreement with the beliefs of a particular religion does not suddenly grant the University the power to restrict its practice.

Religion is critical to many students on Grounds. There is great diversity in religious organizations, and they provide an essential space for students to practice their religious beliefs. For many, religion is sacred and the opportunity to practice that religion on Grounds is paramount.

It can be difficult to see CIOs promote ideals that one disagrees with. There exist groups like the College Republicans or the University Democrats who highly encourage their members to affiliate with the party. The University is supposed to be a place for intellectual growth and discovery, groups with different opinions on Grounds contribute to and diversify the learning community. The University must not shut down an individual or groups ability to speak or assemble simply because others dont agree with them, on any matter from political speech to religious expression.

Historically, the University has protected and upheld the First Amendment, while other schools have fallen behind the curve, restricting speech with free speech zones. U.Va must continue to lead in this area. It is fitting that the University was founded by Thomas Jefferson, the very man who inspired the Bill of Rights, drafted the Virginia Statute for Religious Freedom and led the charge against the restriction of the church by the state. In keeping with the ideals set forth by Thomas Jefferson, the University must reject calls to restrict the freedom of religion.

Devan Coombes is a Viewpoint Writer for The Cavalier Daily. She can be reached at opinion@cavalierdaily.com.

The opinions expressed in this column are not necessarily those of The Cavalier Daily. Columns represent the views of the authors alone.

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COOMBES: Put the First Amendment first - University of Virginia The Cavalier Daily