Archive for the ‘First Amendment’ Category

Holy Shit Even Fox News Is Calling Out Donald Trump’s Anti-First Amendment Comments – PerezHilton.com

Just wow.

This exchange on live TV is really something.

On Fox News Sunday, host Chris Wallace went after Reince Priebus, who is Donald Trump's Chief of Staff in the White House, regarding Trump's comments about the news media being the "enemy of the people."

And you know how it is when you're The Donald and you've lost Fox News, well, you're probably losing everybody.

Related: John McCain Calls Trump A Dictator

Watch this particular exchange, where Wallace completely calls out Trump and Priebus over the anti-freedom of the press comments (below):

WOW!

Again, that's a Fox News host not afraid to call out The Donald's awful and destructive statements!!!

Video: Trump's Ridiculous Press Conference Goes To Late Night!

The entire interview is a thing of beauty, too and Priebus gets his ass handed to him repeatedly by Wallace, who doesn't back down for a second.

Watch the full thing (below):

Brutal for Priebus. Brutal for Trump. Sad!

But great for America and we need Fox News to keep calling out The Donald just like the rest of the media has been for the last two years!!!

Related: Trump Made Chris Christie Order Meatloaf While Dining In The White House!

What do U think about these clips, Perezcious readers??

Let us know in the comments (below)!!!

[Image via Fox News.]

Tags: celebrity feuds, chris wallace, controversy, crazzzzy, donald trump, fox news, fox news sunday, politik, reince priebus, scary!, tacky and true, tv news, viral: news, wacky, white house

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Holy Shit Even Fox News Is Calling Out Donald Trump's Anti-First Amendment Comments - PerezHilton.com

Chip Minemyer | High school students say First Amendment freedoms, ‘real’ facts matter (WATCH VIDEO) – TribDem.com

Austin Minnick is concerned about the proliferation of fake news and claims of alternative facts by those appearing before the news media.

Kaitlin Dowd believes even unpopular messages such as burning a flag as a political statement represent free speechprotected by the First Amendment.

Natalie Marteney has seen examples of messages posted on social media that might be hurtful to others.

They were part of a group of Meyersdale Area High School students who visited The Tribune-Democrat on Friday, and who represent a thoughtfulness movement among teens as they maneuver the tricky terrain of digital news, Facebook and Twitter posts, local and national media behaviors, and a divided political landscape.

Teacher Steve Smerbeck noted that his group is more engaged with the news of the day and in the debates over how news is generated and consumed than what he might have encountered in the past.

Everyone has a right to their opinion, said Minnick, a junior who writes opinion pieces for the Meyersdale school newspaper, which is distributed in electronic form as PDF pages.

You dont always have to agree with someone. ... Its a matter of treating them with respect.

Bittner, a senior, has seen a difference between how people interact on social media and how they might discuss issues face to face.

Either way, he said, it is important to have the right to say, I dont agree with you.

That sentiment is at the heart of the First Amendment to the U.S. Constitution which guarantees citizens the right to speak their minds, practice a religion, publish news or gather in protest of the actions of the government.

A new survey conducted by theJohn S. and James L. Knight Foundation shows that support for the First Amendment among high schoolers is the highest its been in a decade.

The Knight Foundation surveyed 11,998 students and 726 teachers in what is the sixth installment in a series of national reports. The results were released Feb. 7.

The organization was founded by the former newspaper company Knight-Ridder and now supports journalism and the arts with the goal to foster informed and engaged communities, which we believe are essential for a healthy democracy, according to its website.

Some promisingfindings of the Future of the First Amendment study:

When asked if they had taken a class that dealt with the U.S. Constitution and the First Amendment, 68 percent of high school students said yes.

When asked if they believed the First Amendment goes too far in the rights it guarantees, 32 percent of students and 58 percent of teachers answered strongly disagree the top response for both groups.

Asked whether people should be allowed to express unpopular opinions, 57 percent of students and 68 percent of teachers chose strongly agree; 34 percent and 27 percent, respectively, responded mildly agree.

Students and teachers alike struggled once the topicsbecame: People should be able to say whatever they want in public, even if what they say could be seen as bullying to others, and People should be able to say whatever they want in public, even if what they say is offensive to others.

The concepts of bullying and offensive tested respondents willingness to grant unlimited freedom of speech.

On another current topic, both teachers and students chose strongly disagree 56 and 64 percent, respectively when asked if people should be allowed to burn or deface the American flag as a political statement.

Also, participants were asked how concerned they were about the privacy of personal information on the internet.

Most of the respondents were either very concerned (31 percent for students, 50 percent for teachers) or somewhat concerned (45 percent for students, 41 percent for teachers).

Ina very interesting question, participants were asked if high school students should be allowed to report on controversial issues in their student newspapers with the approval of school authorities. Students said they should (30 percent strongly agree, 33 percent mildly agree) while teachers were more reluctant (26 percent mildly agree, 32 percent mildly disagree, 29 percent strongly disagree).

Smerbeck discussed a recent story by Meyersdale High journalists about a practice involving school lunches. He said the reporters got a fact wrong and then corrected it but the school administration never challenged their right to generate the story.

In my 30 years of working at Meyersdale, weve never had an incident of prior restraint, he said. Weve written some things that were unflattering for the district.

The Meyersdale group included seniors Bittner, Marteney, Kellie Montgomery and Tanner Deal; juniors Minnick and Kathryn Most; and sophomores Dowd, Kasie Campbell and Wes Caton.

You can read the entire Knight Foundation survey at:www.knightfoundation.org/future-first-amendment-survey.

The bottom line for survey participants and the Meyersdale group: First Amendment rights matter, Dowd said.

Thats why American is what it is, she said. The thing you associate with America is freedom.

Chip Minemyer is the editor of The Tribune-Democrat and TribDem.com. He can be reached at 814-532-5091. Follow him on Twitter @MinemyerChip.

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Chip Minemyer | High school students say First Amendment freedoms, 'real' facts matter (WATCH VIDEO) - TribDem.com

First Amendment survives challenge from Florida gun law – Minnesota Public Radio News (blog)

If youre at all a fan of the First Amendment, there was plenty to like about todays decision by the 11th U.S. Circuit Court of Appeals striking down a Florida law that prohibited doctors from asking whether there are guns in the home (heres the full law in question).

But lets focus on the concurring opinion of William Pryor, who was on the short list to replace Justice Antonin Scalia on the U.S. Supreme Court.

Pryor is a conservative, so he took great pains to point out that the decision is not about the Second Amendment; its about the First.

And much of his opinion was aimed strictly at conservatives, apparently anticipating their criticism.

Heres some examples.

If we upheld the Act, we could set a precedent for many other restrictions of potentially unpopular speech. Think of everything the government might seek to ban between doctor and patient as supposedly irrelevant to the practice of medicine. Without the protection of free speech, the government might seek to ban discussion of religion between doctor and patient. The state could stop a surgeon from praying with his patient before surgery or punish a Christian doctor for asking patients if they have accepted Jesus Christ as their Lord and Savior or punish an atheist for telling his patient that religious belief is delusional.

Without the protection of free speech, the government might seek to censor political speech by doctors. The state might prevent doctors from encouraging their patients to vote in favor of universal health care or prohibit a physician from criticizing the Affordable Care Act. Some might argue that such topics are irrelevant to a particular patients immediate medical needs, but the First Amendment ensures that doctors cannot be threatened with state punishment for speech even if it goes beyond diagnosis and treatment.

Pryor said doctors already discuss highly controversial topics with patients. Whether to play football, or telling teenagers to abstain from sex, and recommending organ donation.

He called the very idea a thought experiment and then lowered the boom with this beautiful piece of prose:

If today the majority can censor so-called heresy, then tomorrow a new majority can censor what was yesterday so-called orthodoxy.

If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion . . . . Our decision applies this timeless principle to speech between doctors and patients, regardless of the content. The First Amendment requires the protection of ideas that some people might find distasteful because tomorrow the tables might be turned.

Todays decision was not close. The vote was 10-to-1.

The one belonged to Gerald Bard Tjoflat, who is 87 years old and is the longest-service justice in the U.S. Court of Appeals system.

He does see the case as a Second Amendment question:

The majority and I agree that Florida possesses a substantial interest in protecting both Floridians reasonable expectation of privacy during medical treatment and the full exercise of their Second Amendment rights. If that is so, then it is hard to imagine a law more precisely tailored to advance those substantial state interests than the one presently before us. The Act does not categorically restrict the speech of medical professionals on the subject of firearms. Instead, it simply requires an individualized, good faith judgment of the necessity of speech related to firearm ownership to provide competent medical care to a patient.

a constitutional right is a right to be free of governmental restrictions on the exercise of the right it is not a right to be free of private criticism for the exercise of the right, much less private questions about the exercise of the right, law professor Eugene Volokh in his Washington Post column analyzing todays decision. A doctor no more violates your Second Amendment rights by asking you about whether you own a gun than the doctor violates your First Amendment rights by asking you how much TV your children watch, or your Lawrence v. Texas sexual autonomy rights by asking you whether youve been having sex with multiple partners.

Heres the courts full opinion:

Bob Collins has been with Minnesota Public Radio since 1992, emigrating to Minnesota from Massachusetts. He was senior editor of news in the 90s, ran MPRs political unit, created the MPR News regional website, invented the popular Select A Candidate, started the two most popular blogs in the history of MPR and every day laments that his Minnesota Fantasy Legislature project never caught on.

NewsCut is a blog featuring observations about the news. It provides a forum for an online discussion and debate about events that might not typically make the front page. NewsCut posts are not news stories but reflections , observations, and debate.

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First Amendment survives challenge from Florida gun law - Minnesota Public Radio News (blog)

Major First Amendment victory in Docs v. Glocks case – Pacific Legal Foundation (PLF) (press release) (blog)

Yesterday, the 11th Circuit issued its en banc opinions in Wollschlaeger v. Gov. of the State of Florida, AKAthe Docs v. Glocks case. As previously discussed here, here, and here, the case concerns whether Florida can prohibit doctors from asking their patients about their gun ownership or possession unless the question is directly relevant to a patients care. The issue is controversial because many doctors, especially pediatricians, often routinely ask patients (or their parents) questions about potential hazards in the home, be it swimming pools, poisons, or guns.

The primary legal issue before the 11th Circuit was whether the Florida law restricted speech based on its content and the speaker, and if so, what level of scrutiny should be applied to determine if the restriction is unconstitutional. Last year, PLF filed an amicus brief in the case arguing that all content-based speech restrictions should receive strict scrutiny, regardless of whether the speech is made in a professional setting. The second issue in the case (which PLF does not take a position on) concerned the anti-discrimination provision of the law. The Court upheld that provision narrowly: a move that even the doctors were amenable to,as indicated during oral argument.

In the first of its majority opinions*, the Court easily determined that the challenged law restricted speech based on its content and speaker. Next, the Court declined to apply deferential review under the professional speech doctrine. As discussed at length in PLFs brief, the professional speech doctrine is unprincipled and unsupported by a majority of the Supreme Court, so the 11th Circuits rejection of that standard in this case is most welcome. Finally, applying the U.S. Supreme Courts 2011 decision inSorrell v. IMS Health,the Court held that the law could not survive heightened scrutiny, so it declined to decide whether strict scrutiny was warranted. In short, the Court thoroughly dismantled the States justifications for the speech-restricting provisions, generally holding that the State offered insufficient actual evidence to justify restricting the speech of doctors.

There are also some additional things worth mentioning from the two concurring opinions. The first concurrence, written by Judge Wilson, would have applied strict scrutiny to strike down the speech-restricting portions of the law. This is particularly noteworthy because Judge Wilson was on the original panel that wrote three separate opinions before the case was taken en banc. Judge Wilson penned dissents to all three of those opinions, but with his concurrence yesterday he announced for the first time his conclusion that strict scrutiny is appropriate in light of the Supreme Courts 2015 decision in Reed v. Town of Gilbert.Second, the concurrence written by Judge William Pryor and joined by Judge Hull, reiterates that this case does not create a clash between the First and Second Amendments. While Docs v. Glocks is certainly catchy, it never accurately described the legal and constitutional issues presented in the case.

Even though the 11th Circuit did not go on to apply strict scrutiny to content- and speaker-based speech restrictions in a professional context, this case is certainly a strong win for the vindication of the right to free speech protected under the First Amendment. Doctors and speech advocates should certainly celebrate that.

*With an unusual move, the Court issued two majority opinions. I consider the opinion of Judge Jordan to be the primary opinion, though, and in any event Judge Jordans opinion is the one that announces the bulk of the Courts opinion on the First Amendment questions of interest to PLF.

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Major First Amendment victory in Docs v. Glocks case - Pacific Legal Foundation (PLF) (press release) (blog)

Court Says Google Has A First Amendment Right To Delist Competitor’s ‘Spammy’ Content – Above the Law

Last summer, a Florida federal court reachedsome unusual conclusionsin a lawsuit filed by SEO company e-ventures, which felt Google had overstepped its bounds in delisting a lot of its links. Google defended itself, citing both Section 230 and the First Amendment. The court disagreed with both arguments.

As to Section 230, the court found that Googles delisting efforts werent in good faith. The reason cited was e-ventures claim that the delisting was in bad faith. So much for this seldom-used aspect of Section 230: the Good Samaritan clause which states no third-party company can be found liable for actions it takes to remove content it finds questionable. And so much for viewed in the light most favorable to the non-moving party. Apparently, Googles long history of spam-fighting efforts is nothing compared to an SEO wranglers pained assertions.

The court also said Google had no First Amendment right to handle its search rankings however it saw fit, which is more than a little problematic. While it admitted Googles search rankings were protected speech, its statements about how it handled search engines werent. And, for some reason, the court felt that Googles ads undermined its First Amendment protections because its desire to turn a profit somehow nullified its editorial judgment.

It was a strange decision and one that suggested this court might be considering getting into the business of telling service providers how to run their businesses. It also suggested this court believed the more successful the business was, the fewer rights and protections it had. These dubious conclusions prevented Google from having the case dismissed.

Fortunately, this wasnt the final decision. As Eric Goldman points out, last years denial only delayed the inevitable. After a few more rounds of arguments and legal paperwork, Google has prevailed. But theres not much to celebrate in this decision as the court has (again) decided toroute around Googles Section 230 Good Samaritan defense.

Regarding 230(c)(2), the court says spam can qualify as harassing or objectionable content (cite toe360insightwith a but-see to theSong Ficase). Still, the court says e-ventures brought forward enough circumstantial evidence about Googles motivations to send the case to a trial. By making it so Google cant even win on summary judgment, rulings like this just reinforce how Section 230(c)(2) is a useless safe harbor.

Had it ended there, Google would be still be facing e-ventures claims. But it didnt. The court takes another look at Googles First Amendment claims and finds that the search engine provider does actually have the right to remove spammy links. Beyond that, it finds Google even has the First Amendment right to remove competitors content. From theorder[PDF]:

[T]he First Amendment protects as speech the results produced by an Internet search engine. Zhang v. Baidu.com, Inc., 10 F. Supp. 3d 433, 435 (S.D.N.Y. 2014). A search engine is akin to a publisher, whose judgments about what to publish and what not to publish are absolutely protected by the First Amendment. See Miami Herald Publg Co. v. Tornillo, 418 U.S. 241, 258 (1974) (The choice of material to go into a newspaper . . .whether fair or unfairconstitute[s] the exercise of editorial control and judgment that the First Amendment protects.) The presumption that editorial judgments, no matter the motive, are protected expression is too high a bar for e-ventures to overcome.

And the court walks back its earlier conclusion the one that seemed to find profit-motivated editorial judgment to be unworthy of First Amendment protections.

Googles actions in formulating rankings for its search engine and in determining whether certain websites are contrary to Googles guidelines and thereby subject to removal are the same as decisions by a newspaper editor regarding which content to publish, which article belongs on the front page, and which article is unworthy of publication. The First Amendment protects these decisions, whether they are fair or unfair, or motivated by profit or altruism.

The case is now dismissed with prejudice which bars e-ventures from complaining about Googles delisting efforts in federal court. e-ventures has gone this far already in hopes of seeing its terms-violating content reinstated, so it will likely attempt to appeal this decision. But it really shouldnt. Its unlikely another set of judges will help it clear the First Amendment hurdle. Not only that, but this area of law should be well-settled by now, as Goldman points out:

Of course Google can de-index sites it thinks are spam. Its hard to believe were still litigating that issue in 2017; these issues were explored in suits likeSearchKingandKinderStartfrom over a decade ago.

The plaintiff was given a long leash by the court, which should have tossed last year. Even with the extra time and the court doings its Section 230 circumvention work for it, e-ventures still couldnt prevail.

Court Says Google Has A First Amendment Right To Delist Competitors Spammy Content

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Court Says Google Has A First Amendment Right To Delist Competitor's 'Spammy' Content - Above the Law