Archive for the ‘First Amendment’ Category

Ron Rivera will stand for anthem, but fully supports First Amendment rights – NBC Sports – NFL

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When the regular season begins (and hopefully it will), the head coach of The Washington Football Team will be standing for The National Anthem. But Ron Rivera will not question the decision of players to use the anthem as a platform for protest.

Well, the truth of the matter is again, lets go back to our Constitution, to our Bill of Rights, the amendment, Rivera recently told TheAthletic.com. Lets go back to the oath of office to serve and protect. Part of the Constitution is the First Amendment. Theres a lot of people out there that support the Second Amendment vehemently. Well, if you support the Second Amendment vehemently, why wouldnt you support the first one, which is freedom of expression, freedom of speech? And thats all that is. Thats an extension of one of our unalienable rights, one of our God-given rights, one of the things written into the Constitution. So, again, lets at least applaud that. Lets celebrate that as well.

Rivera said hell stand because his father served in the military, his brother was a first responder, and his wifes family has a history of military service.

My dad had brothers that served in World War II, Rivera added. So to me, standing at attention is what Im going to do. Thats how Im going to honor them. I might kneel during the coin toss because I do support Black Lives Matter. I do support the movement to help correct the policing. But at the same time, I think everybody has to celebrate what the Constitution of the United States entitles us to do as Americans. Thats the thing that everybodys got to understand. We got to get past all this other stuff and quit making this a political fight. Theres nothing political about the Constitution. Its clear cut the Supreme Court rules on it, follow it, and then were supposed to defend it.

As the pandemic continues to consume so much of footballs focus, issues regarding the anthem will become front and center if/when games are played. Given the uncertainty created by COVID-19, criticism and controversy over players not standing for the anthem should be regarded as the proverbial good problem to have, because it will mean that games are being played.

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Ron Rivera will stand for anthem, but fully supports First Amendment rights - NBC Sports - NFL

When the First Amendment meets the Second Amendment | Our Columnists – Aitkin Independent Age

The First Amendment met the Second Amendment in June when a Missouri couple were confronted with protestors over police brutality in the wake of the George Floyd murder on May 25 in Minneapolis.

The couple, Mark and Patricia McCloskey, drew firearms on the crowd to defend their home, they said. This happened after the large group of protestors marched past their front gates, proceeded to their mansion, and made threats, according to the McCloskeys in a Fox News interview.

Patricia McCloskey stated that member(s) from the protest group said they were going to kill them, live in their house after they were dead (while pointing to different rooms they would live in), burn down their home, and that threats were made against their dog which was outside the home.

No shootings from the rifle or the handgun that the couple was wielding occurred.

But what did occur were felony charges made by the St. Louis Circuit Attorney Kim Gardner against the McCloskeys, citing unlawful use of a weapon.

The couples attorney, Joel J. Schwartz, was quoted in a July 20 Washington Post article saying the charges were disheartening, and he believes, unequivocally, that no crime was committed. He went on to say that he supports the First Amendment right of every citizen to have their voice but that the First Amendment must be balanced with the Second Amendment and Missouri law which entitles people to protect their home and family from potential threat under the Castle Doctrine Law.

The prosecutor went one step further beyond the charges; the McCloskeys had their firearms seized. A search warrant was obtained and the guns were seized by law enforcement.

Situations like the one the McCloskeys found themselves in are perhaps why a large group of Second Amendment supporters attended the Mille Lacs County Second Amendment Sanctuary Resolution public hearing at the Historic Courthouse last Tuesday, July 21. Their voices were heard as they exercised their First Amendment rights in defense, or in one case, against, the proposed resolution.

Both Amendments, First and Second, have come under attack as of late. Some reason that hate speech incites violence and believe the First Amendment must be revisited. And were now in a cancel culture where if a group of individuals deems certain words as hateful, their livelihoods are canceled.

Of course we know terroristic threats must never be tolerated, but as Americans, we must reject this new form of attack on personal liberties. Whether its sending someone to jail over lawfully exercising their Second Amendment rights or canceling someone for disagreement over the choice of their words, we must reject this and stand for liberties.

The group Human Rights Watch, in their fight against all forms of repression of speech in the media and around the globe, states: How any society tolerates those with minority, disfavored, or even obnoxious views will often speak to its performance on human rights more generally.

The press must remain free to exercise independence, uncontrolled by a government, a political force or social system. This needs to happen in order to maintain transparency for those very entities which the people should dictate, not the powers given within those institutions. In the same manner, individuals must remain free in speech as liberation depends on such. And when our Second Amendment doesnt exist, weve lost our ability to protect ourselves against the most lethal of threats.

I was pleased to see the First Amendment exercised last Tuesday at the Courthouse in a respectful, non-violent way. We dont know that the outcome would have been the same for the McCloskeys had they not been able to exercise their Second Amendment right.

Traci LeBrun is the editor of the Messenger.

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When the First Amendment meets the Second Amendment | Our Columnists - Aitkin Independent Age

Perspective: The Power Of The First Amendment | WNIJ and WNIU – WNIJ and WNIU

Wester Wuori's "Perspective" (July 24, 2020).

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

That is the First Amendment to the US Constitution, ratified on December 15, 1791. I part company with many of my fellow liberals when it comes to freedom of speech. In the past 20 years, in my view, its been the far left that has slowly chipped away at First Amendment rights and a free exchange of ideas, especially those with whom we may not agree.

College and university speech police routinely bow to student pressure to bar speakers from campus because of their views or past writings. Campuses have created safe spaces where opinions and words are banned so as not to damage young minds. Sadly, now some in higher education are considering speech policies that could expel students for voicing a racist opinion.

The First Amendment is not absoluteno one should yell fire in a crowded theater, of course. However, this most important of our Bill of Rights does allow me to learn from and challenge others on their opinions and beliefs, no matter how vile or loathsome society may find their comments or writings or speeches.

How do we combat hateful or incendiary speech? With more speech. With better speech. With more effective arguments that make their case not because of the volume at which they are delivered but by the power of their meaning.

When it comes to racism, I would argue that silencing peoples views only drives them underground. And, its there, out of sight, where those beliefs and practices can and will do the most damage.

Im Wester Wuori and thats my Perspective.

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Perspective: The Power Of The First Amendment | WNIJ and WNIU - WNIJ and WNIU

Federal Court Can’t See Any First Amendment Implications In Local Ordinance Blocking The Photography Of Children – Techdirt

from the I-guess-a-law-is-good-if-it-makes-something-illegal dept

You can't always pick your fighter for Constitutional challenges. Sometimes you're handed an unsympathetic challenger, which makes defending everyone's rights a bit more difficult because a lot of people wouldn't mind too much if this particular person's rights are limited. But that's not how rights work.

A pretty lousy decision has been handed down by a Minnesota federal court. A challenge of two laws -- one city, one state -- has been met with a judicial shrug that says sometimes rights just aren't rights when there are children involved. (h/t Eric Goldman)

The plaintiff is Sally Ness, an "activist" who appears to be overly concerned with a local mosque and its attached school. Ness is discussed in this early reporting on her lawsuit, which shows her activism is pretty limited in scope. Her nemesis appears to be the Dar Al-Farooq Center and its school, Success Academy. Ness feels there's too much traffic and too much use of a local public park by the Center and the school.

Here's how she's fighting back against apparently city-approved use of Smith Park:

Ness has taken it upon herself to document activity at site. That includes maintaining a public blog and Facebook page all about the DAF/Success Academy controversy, complete with photos and video of street traffic, kids being dropped off at school, and people otherwise going about their business.

Her legal representation in this lawsuit isn't that sympathetic either.

The American Freedom Law Center, which claims that the battle for Americas soul is being waged in the courtrooms across America against secular progressives and Sharia-advocating Muslim Brotherhood interests, is co-counseling the case. The Southern Poverty Law Center calls that organizations co-founder David Yerushalmi an anti-Muslim activist and a leading proponent of the idea that the United States is threatened by the imposition of Muslim religious law, known as Shariah.

Her lawyer says this has nothing to do with the school's religious affiliation. Her co-counsel, David Yerushalmi, disagrees.

In a statement, he says Ness predicament is just another example of encroachment on our liberties when Islam is involved.

Ness became involved when the mosque opened its school and obtained a Conditional Use Permit for Smith Park that allowed students to use it during school days. Ness believes the permit is being violated on a daily basis by students' "excessive" use of park facilities that makes it "impossible" for nearby residents to use it at the same time.

To document these supposed violations, Ness has approached children in the park and parked across the street to take photographs/record DAF students using the park. She had two run-ins with local law enforcement before filing her lawsuit. After the most recent law enforcement encounter, Bloomington police attempted to charge Ness with felony harassment, but the Hennepin County Attorney's office declined to bring charges against her. Bloomington prosecutors also declined to prosecute Ness.

Ness sued, claiming the laws cited infringed on her Constitutional rights and that the ongoing threat of prosecution has resulted in her curtailing her documentation of park use by the school.

The problem is the laws. Ness' behavior is problematic but it shouldn't be criminally problematic. First, the state's harassment law -- as quoted in the court's opinion [PDF] -- does not require prosecutors to prove intent.

Subdivision 1. Definition. As used in this section, harass means to engage in conduct which the actor knows or has reason to know would cause the victim under the circumstances to feel frightened, threatened, oppressed, persecuted, or intimidated, and causes this reaction on the part of the victim regardless of the relationship between the actor and victim.

Subd. 1a. No proof of specific intent required. In a prosecution under this section, the state is not required to prove that the actor intended to cause the victim to feel frightened, threatened, oppressed, persecuted, or intimidated, or except as otherwise provided in subdivision 3, paragraph (a), clause (4), or paragraph (b), that the actor intended to cause any other result.

Then there's an additional ordinance -- one put in place by the city of Bloomington after Ness' two run-ins with the local PD -- that criminalizes Ness' documentation of park activities.

(24) No person shall intentionally take a photograph or otherwise record a child without the consent of the child's parent or guardian.

This is amazingly broad. It criminalizes journalism and the recording of criminal acts by minors. This revision appears to have been crafted solely to target Ness and her activism. Ness was also a frequent commenter at Bloomington city council meetings until filing this lawsuit.

The court says Ness has no standing to challenge the laws. According to the judge, she does not face a credible threat of prosecution. The decision cites the two refusals to prosecute, as well as prosecutors' statements on the issue.

Ness claims she intends to monitor an issuethe non-compliant use of DAFs facilities and the use of Smith Parkby filming and photographing the activity in the physical vicinity of DAF, which may include filming and photographing people. Compl. 36, 47, 70, 71; Ness Decl. 6, 18, 28. Ness does not claim a desire to surveil individuals or track their location by filming or photographing them once they leave DAFs neighborhood. As Ness herself has stated, I try to make this as not about people . . . . Its not specifically about an individual. Its about the City collectively not doing their job. Jones Decl. Ex. 1 at 18:4918:53. Thus, as the County Attorney and the City both acknowledge, Ness intended conduct is not proscribed by the Harassment Statute because she is not tracking or monitoring a particular individual.

But then the court goes on to quote police officers' implicit threats of arrest as evidence Ness won't be subjected to further law enforcement scrutiny or prosecution.

Ness relies on the police report from the incident, which states that Officer Meyer asked [Ness] to stop filming, and that Ness was advised that she could be charged with harassment if the parents and principal felt intimidated by her actions. Compl. 54. However, the bodycam footage of the encounter establishes that Sgt. Roepke expressly told Ness this is a public place, . . . you have a right to . . . take pictures in a public place or video or, or anything like that. Theres not an issue with that. . . . [B]ut if youre doing it in a means to intimidate them or to harass them, then it becomes a problem. Jones Decl. Ex. 3 at 1:50. Sgt. Roepke also told Ness if you want to take some pictures, come and take some pictures and then move on. Id. at 7:50. When Ness described the August 2019 encounter to Detective Bloomer months later during her interview, Ness stated that Sgt. Roepke clarified Ness conduct was not harassing behavior, and told her to be careful and read the statute. Jones Decl. Ex. 5 at 36:2236:43. The police report of the August 2019 incident, particularly when viewed together with Sgt. Roepkes statements and Ness own recollection of the incident, does not rise to the level of a credible threat of prosecution. Ness decision to chill her speech, after being told by Sgt. Roepke that she had a right to take videos and that her conduct was not harassing behavior, was not based on an objectively reasonable fear of prosecution.

Unfortunately, this supposedly "unreasonable" fear of prosecution stems directly from the law, making it a lot more reasonable than the court says. Prosecutors do not have to prove intent. And, as the officer stated clearly, all it would take is for subjects of Ness' recordings to feel harassed. It doesn't matter whether or not Ness intended to harass anyone. That's pretty open-ended and that makes her fear of prosecution a lot more reasonable.

The court agrees Ness has standing to sue the city of Bloomington over its ban on filming children.

The City Defendants argue that [e]ven if Ness had standing to sue, her facial challenge to the ordinance under the first Amendment would fail. City Defs. Mem. Supp. Mot. Dism. [Docket No. 68] at 10 (emphasis added). However, the City Defendants briefing does not include an argument for why Ness might lack standing to challenge the City Ordinance. Ness intended conduct will include photographing and filming children in a City park without parental consent. This conduct is proscribed by the City Ordinance, and the City has not disavowed an intent to charge Ness with violating the City Ordinance if she were to engage in this conduct. Under these circumstances, Ness decision to chill her speech due to the existence of the City Ordinance is objectively reasonable. Ness has standing to challenge the City Ordinance.

But it says she has nothing to sue about because the ordinance does not affect her First Amendment rights.

Here, the City Ordinance makes no distinction based on who is the photographer or recorder, what use will be made of the photograph or recording, or what message will ultimately be conveyed. Because the limitation on its face does not draw distinctions based on a speakers message or viewpoint, it is content neutral.

Neutral, except as to the content of the recordings, which is what's targeted by the city's ban. But the court says the definition of "content" hinges on what the speech conveys, rather than what it contains.

Ness also points out the ordinance is unconstitutional because it fails to do what it purports to do: protect children from being recorded. The court disagrees, saying the ordinance is adequate enough to achieve its aims.

Ness argues that the City Ordinance is underinclusive because if a person takes a step outside a City park and films children from the street, the City Ordinance will not be violated. Ness contends this underinclusiveness undermines the Citys claimed interest in protecting childrens privacy and preventing them from being exploited or intimidated. However, requiring would-be recorders to collect images from a distance, rather from inside a City park, makes it less likely that a child in the park will feel frightened or that the childs identity will be ascertainable. Thus, the Citys important government interest in protecting children is not undermined by allowing a person to record children from just outside a City parks boundaries.

Finally, the judge says the ends justify the means. The judge appears to believe laws are "narrowly tailored" if they accomplish what they set out to do.

As discussed above, the City Ordinance promotes the important government interest in regulating the competing uses of City parks and protecting childrens privacy and sense of safety and freedom from intimidation while playing in a City park. This interest would be achieved less effectively without the City Ordinance. The City Ordinance is narrowly tailored.

Sure, and the city's attempts to achieve other interests would undoubtedly be more effective if the Constitution didn't exist. But it does. And the court is supposed to be a check against government overreach, not an enabler of government efficiency.

The lawsuit is dismissed. The court says Ness can film kids from outside of the park's boundaries without fear of prosecution. Of course, this is what Ness was doing when she was approached by officers who told her to "take her photos" and "move on." Even if Ness complies with the terms of the ordinance the city appears to have passed just to stop her from doing what she was doing, she still faces the possibility of being subjected to further police action. And even if prosecutors refuse to press charges, there's still the hassle of the arrest, and the loss of time and freedom during the detainment. These harms aren't imaginary. The law written to make it more difficult for one Bloomington resident to engage in documentation of perceived permit violations stays on the books.

Most people will probably be fine with this outcome. After all, it mainly affects someone whose interest in park usage seems to be primarily motivated by bigotry. This is all but confirmed by her choice (or acceptance) of the American Freedom Law Center's legal representation. But bad people can still raise legitimate Constitutional complaints. This isn't a victory for Bloomington. It's a loss for its residents who are subject to a badly written law. Even if they have no desire to violate the ordinance, the law can still be wielded against citizens engaged in legitimate activities (like news gathering), thanks to this court's support.

Filed Under: 1st amendment, activist, children, free speech, photography, privacy, sally ness

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Federal Court Can't See Any First Amendment Implications In Local Ordinance Blocking The Photography Of Children - Techdirt

Princeton professor pushes back on cancel culture on campuses: ‘First Amendment is for all of us’ – FOX 32 Chicago

The right to free speech in America needs to be protected, Princeton University jurisprudence professor Robert George stated Friday.

George's comments during an interview on "Fox News @ Night" came following a Michigan bed and breakfast's decision to remove their Norwegian flag after dozens wrongly accused the owners of flying a Confederate flag.

According to reporting from WLIX, when Greg and Kjersten Offbecker created the St. Johns inn -- named The Nordic Pineapple -- they installed the flag, hanging an American flag alongside it.

The pair then began to receive cruel emails and phone calls. Some were even convinced that the "B&B" was built by Confederate leaders when, in fact, union workers constructed the Civil War-era building for the daughter of the Saint Johns founder.

Kjersten Offbecker said the flag was hung as a way for her to represent her Scandinavian heritage. However, with the confusion, she took it down because she said it was not worth the frustration.

The Norwegian flag has the same colors as the Confederate flag, but the patterns and symbols are different. The Confederate flag is red with a blue X containing white stars.

"It's a combination of a very bad attitude and a great deal of ignorance," George remarked. "You would think that Americans would be able to tell what is and isn't a Confederate flag -- even if it's a flag that, in some ways, resembles a Confederate flag.

"But, look at how quickly people just turn to outrage and tried to shut these people down because they thought they had broken the rule against wrongthink..." he told host Shannon Bream. "So, the combination of malice and ignorance is really toxic."

George highlighted the importance of speaking up in defense of the free speech rights of those you strongly may disagree with.

"Temple University was under pressure to discipline [Professor] Marc Lamont Hill for some statements that I very strongly disagreed with. But I, nevertheless, threatened to myself lead a protest...in defense of the free speech rights of the very progressive Marc Lamont Hill," he explained. "Because he has every bit of [a right to] free speech as I have or as anybody else has.

"The First Amendment is for all of us," George pointed out.

"It's not the property of the left. It's not the property of the right. It's not the conservatives'; it's not the liberals' [property]. It's everybody's right..." he said.

"And so, we need to protect the free speech rights and stand up for the free speech rights of those we oppose," George urged.

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Princeton professor pushes back on cancel culture on campuses: 'First Amendment is for all of us' - FOX 32 Chicago