Archive for the ‘First Amendment’ Category

Living the First Amendment is hard work – NUVO Newsweekly

The Bill of Rights surely ranks as one of the most difficult documents for us, as Americans, to contend with.

Theres enough in that list of 10 rights to make each of us a little uncomfortable, depending on your political persuasion.

Me? I get hung up on the Second Amendment. I dislike guns and I have seen how much damage they can unleash on families and communities. Just ask the parents at Sandy Hook.

But its there and like it or not we, as a community, have to follow the law as interpreted by the U.S. Supreme Court no matter how wrong-headed we think the opinion is. If I respect the Constitution, I respect the rule of law.

Then theres the Fourth Amendment protection against unlawful searches of your property and person. It provides great protection for me and my family if the police come pounding on my door and want to search my house without a warrant.

But it also means that even if my neighbor is the nastiest drug dealer in the city, the police cannot crash through their door without cause or a warrant. And if the police dont play by the rules? The evidence might get tossed out of court and that nasty drug dealer goes free.

Then theres the Fifth Amendment right against self-incrimination, which led to the high court establishing the Miranda warning. You hear that in every TV cop show and again, if the police dont read defendants their rights at the time of arrest, a criminals statement just might get thrown out of court, even if it means a guilty person goes free.

Uncomfortable. But the law.

Perhaps the most vexing of all the amendments in the Bill of Rights is the first one you know, the one about free speech, a free press, freedom to worship or not, and the right to assemble.

I personally hope to never have to listen to the likes of white supremacist Richard Spencer talking about making white privilege great again as he did recently at Auburn University in Georgia. But as long as he wasnt inciting violence yes, there are restrictions that can be placed on speech he had a right to speak.

It should have been the same with Ann Coulter in Berkeley, California, where her speech was stopped because of a threat of violence. Whether you agree with her is beside the point. She and her followers have a right to free speech just as those who disagree with her have a right to protest peacefully.

That pesky First Amendment.

Indianas legislators showed this past legislative session that while they may love First Amendment protections for themselves, when it comes to high school journalists not so much. After pressure from principals, superintendents and the Department of Education, they refused to extend First Amendment protections to high school journalists and their advisors.

Order and control trumped the First Amendment.

Whats most disheartening about the failure of this piece of legislation is the way it undermines a real opportunity for students to learn from first-hand experience how the Constitution works.

What better civics education is there than to learn about our constitutionally protected freedoms than by living them?

Will there be mistakes? Yes, of course. Thats the price of a free press. And just as there are limits on speech there are limits on the press you deliberately print falsehoods and you can get sued.

Should that fear of students running amuck with their pens and notebooks override the chance to let them live the values we claim to extol in the Constitution? No, it shouldnt.

Some of our lawmakers would be much more comfortable allowing guns in school for protection, of course than would want a free and open student press.

Yes, the First Amendment is pesky and hard. And just because something is hard doesnt mean we quash it. Thats not how our democracy works.

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Living the First Amendment is hard work - NUVO Newsweekly

The White House Correspondents’ Association and the First Amendment – American Spectator

Editorial note: A shorter, word-length-appropriate version of this opinion column was submitted to the Washington Post. It was rejected. Every outlet always and should always have the right to accept or reject material according to their own editorial standards. Yet under the circumstances, with the subject at the White House Correspondents Dinner being the First Amendment and with Washington being at the very center of a dispute between the media and President Trump, it would seem a column addressing the subject with fresh, newsworthy comments from three prominent conservatives Rush Limbaugh, Sean Hannity and The American Spectators own R. Emmett Tyrrell, Jr. would be newsworthy. The Post disagreed. Which my own editorial comment here should highlight yet again just why the rise of conservative media and why President Trump gets applauded at rallies by so many Americans who, like the President, believe the mainstream media to be dishonest in its coverage.

The banner was hard to miss.

Hanging high above the head table of the White House Correspondents Dinner, underneath the name of the group was this line in all caps:

CELEBRATING THE FIRST AMENDMENT

Not to be an impolite guest (I was present courtesy of CNN) but the question that I had when I saw this banner was: Really?

In the course of the evening Watergates journalistic heroes Bob Woodward and Carl Bernstein spoke, with Woodward saying Mr. President, the media is not fake news. Bernstein made a point of saying that what was always needed was The best obtainable version of the truth, adding Yes, follow the money, but follow, also, the lies. This latter theme was also that of the WHCA President Jeff Mason of Reuters, who said this in addressing the absent President Trump directly: We are not fake news, we are not failing news organizations and we are not the enemy of the American people.

Meanwhile a 100 miles north in Harrisburg, President Trump was speaking to an arena-full of Americans who cheered him on when he attacked the incompetent, dishonest media and said: If the medias job is to be honest and to tell the truth, the media deserves a very, very big fat failing grade.

What caused me to question the message on that banner, and understand instantly why the Presidents audience cheered him on when he attacked the media, was the absence of two words from anyone on the podium. Those two words: Ann Coulter.

For the better part of a couple weeks Coulter, the conservative columnist, author, and Trump supporter, had been at the very center of a drama that went right to the heart of the First Amendment. Invited to speak at the University of California at Berkeley, she was unable to do so because of the very real threat of violence from the American Left. Let me say that again. An American columnist was denied her First Amendment rights with threats to her physical safety (and that of anyone considering attending her speech) and there was not word one about this from Messrs. Woodward and Bernstein or Mason.

How could such an obvious omission happen? To this conservative the reason was clear. What was on display all evening was not support for the First Amendment but rather support for liberals and their use of the First Amendment.

I decided to ask three prominent conservatives all of whom have had their First Amendment rights targeted over the years whether they have received support from the White House Correspondents Association when they were under attack.

Rush Limbaugh responded to my question as follows:

Of course not. Clinton called me a racist for defending Janet Reno after she was criticized by John Conyers. Rush only defended her because she was being attacked by a black guy. I was at the USA Today table. There was a huge reaction in the whole room. Disbelief and shock. Some embarrassed laughter, mostly groans. Chris Matthews approached me at the end of the dinner and said I could not let that stand, the president of the United States calling you a racist cannot stand.

He (Clinton) also agreed that I was a Big Fat Idiot while honoring Frankens book.

Sean Hannitys response was equally blunt:

1) Not one liberal. Not one speaks vs the weapon of Boycotts used vs conservatives to silence them. I call it Liberal Fascism. An organized and well funded effort to silence political opposition.

2) The media ran with a CHEAP HEADLINE last Saturday and Sunday about me after a false charge was made by a woman who has a nearly 15 year history of telling proven lies about me. 2 days after OReilly fired, she says for the first time ever that in 2003 that I invited her to a hotel room in Detroit.

You would think the media would do just a simple, basic, rudimentary, fundamental GOOGLE SEARCH and not run with such a slanderous headline.

3) Has anyone in the media ever spoken out about the payments being made to individuals to monitor EVERY SINGLE CONSERVATIVE radio and TV host in the hopes the hosts say something that can be used to boycott and silence them? Do they care to examine where these funds come from?

4) Has any liberal ever stood up for any conservative thats been silenced on a college campus?? How many liberals spoke out for Coulter?

I also made the query to the founding editor ofThe American Spectator,where I am a columnist. Long before I began writing for theSpectator,R. Emmett Tyrrell, Jr. and theSpectatorwere engaged in numerous investigations of then-President Clinton. One dealt with the Presidents relationships with various women. (It was theSpectatorwhich first brought to light the relationship between then-Governor Clinton and a state employee named Paula later revealed as Paula Jones.) The otherSpectatorinvestigation dealt with assorted charges made about Clinton political dealings in Arkansas. The latter resulted in a recommendation from then-Deputy U.S. Attorney General Eric Holder that The American Spectator itself be investigated by a special prosecutor, an investigation that lasted fourteen months and was a considerable expense in legal fees for a political magazine. There was, Tyrrell tells me, not a word from the White House Correspondents Association defending theSpectators First Amendment rights.

What are these three conservatives saying? In short and they are not alone in the conservative world there is a real belief that support for the First Amendment is situational with liberals and with the White House Correspondents Association. (Or am I repeating myself?)

Whether it is Ann Coulter at Berkeley or left-wing efforts to get Limbaugh and Hannity off the air or the use of the Department of Justice to investigateThe American Spectator or countless incidents on college campuses across the country in each and every case and so many more it seems to be liberals communicating to conservatives that what they really believe is the First Amendment for me but not for thee.

Following the WHCA dinner, the groups president, Mr. Mason, appeared on Tucker Carlsons Fox show to discuss the dinner. The conversation, in part, included this:

Turning to the ideology of the press, Carlson cited astudy published by Politico, which revealed that no registered Republicans were part of the White House press corps.

If you had a White House press corps that was 100 percent middle-aged white men, Carlson told Mason, there would be a full-blown outcry about the lack of diversity and I bet you $100 you would weigh in and say, Youre right, this doesnt look like America.

Do you think its OK that there are zero registered Republicans in the White House press corps? the host asked.

I think whats important is that we have a press corps thats made up of journalists who report the truth and who robustly report on the president of the United States, Mason answered.

Carlson wrapped up the discussion by asking Mason, Is political diversity important to you?

Is diversity important? Of course, Mason said. Is it my job to talk about what journalists in the White House press corps do? Yes. What they do is report the news regardless of what political party controls the White House.

I wish I believed that, Carlson answered. I dont.

That Saturday night at the Washington Hilton I too heard nothing to abuse conservatives of that view. To borrow from my CNN colleague Carl Bernstein, when it comes to the best obtainable version of the truth on liberal support for the First Amendment, for conservatives that support seems far too often to be situational at best.

Which in turn makes it easy to understand exactly why President Trumps attacks on the media received cheers at that rally in Harrisburg.

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The White House Correspondents' Association and the First Amendment - American Spectator

Idaho EdNews wins First Amendment Award – Idaho EdNews

Idaho Education News won the Idaho Press Clubs First Amendment Award during the annualjournalismbanquet Saturday night in Boise.

Editor Jennifer Swindell and data and policy analyst Randy Schrader won the award for catching the Caldwell School Districts board of trustees violating the states open meeting law when it hired superintendent Shalene French.

The First Amendment Award is given for work by Idaho journalists, in any medium, that advances the cause of freedom of information in Idaho in the public interest.

Kevin Richert also earned an honorable mention in the First Amendment category for a separate story that caught the State Board of Education violating open meeting laws.

Idaho EdNews was honored withseveral other awards Saturday. Journalist Clark Corbin won second place for reporter of the year in the all media category, and Richert was named honorable mention for reporter of the year.

Multimedia journalist Andrew Reed won a first place award for best use of interactivity for his first day of school photo content, and Idaho Education Trends won a first place award in the special purpose website category.

A complete list of awards and winners is available online at the Idaho Press Clubs website.

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Idaho EdNews wins First Amendment Award - Idaho EdNews

Here’s a different reason Trump’s new travel ban violates the First Amendment – Sacramento Bee


Sacramento Bee
Here's a different reason Trump's new travel ban violates the First Amendment
Sacramento Bee
Two federal courts of appeals this week will hear oral arguments about the constitutionality of President Donald Trump's travel ban. They should conclude that the ban violates the First Amendment, but not for the reason the federal district courts ...

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Here's a different reason Trump's new travel ban violates the First Amendment - Sacramento Bee

President Donald Trump wants it both ways with First Amendment … – Durham Herald Sun


Durham Herald Sun
President Donald Trump wants it both ways with First Amendment ...
Durham Herald Sun
Clearly, Donald Trump wants things both ways. He'd strip First Amendment protections from his media critics while claiming them for himself when others are ...
Bob Davis: Libel law under the microscope - The Anniston StarAnniston Star
Constitutional Connections: Can President Trump 'open up' the libel ...Concord Monitor

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President Donald Trump wants it both ways with First Amendment ... - Durham Herald Sun