Archive for the ‘First Amendment’ Category

BLOG SPOT: First Amendment keeps presidents in check – Goshen News (blog)

As a news guy I have often been called on to cover protests, and they are something I always enjoy going to.

Of course, protests are news, but they are also an expression of free speech, which is the cornerstone of our representative republic and allows me to ply my craft without the worry of some government thug threatening me, which is a tactic that is used against journalists around the globe daily.

Journalists are supposed to set aside their biases when covering all events, even protests that may have speech and themes they find onerous in the extreme. Thats very hard to do sometimes but must be done to provide acurate coverage of an event.

I once was assigned to cover a Ku Klux Klan rally, where the free speech was both profane and ignorant. During that event I was taking pictures and drifted into the area where protesters were hurling insults, bottles and rotten fruit across a barricade at the Klan members. As I snapped a photo an overzealous police officer clobbered me with a riot stick.

As I groggily found my feet I asked him why he had struck a member of the press. He yelled for me to move on and expressed disdain for my profession. I didnt move on, I went back to snapping photos, but I kept checking behind me to see if the big guy with a big club was coming back. He didnt.

I only use the situation to illustrate that at times, free speech and freedom of the press are threatened by intolerance. Nobody wanted to listen to the hate spewed by the Klan, including me, but I understood that our Constitution allows even morons the right to say what they want.

I often use free speech events as a teaching experience. A few years ago there was a group of proselytizers who would stand at the Five Points intersection near my house and shout out that the passersby were all sinners and were destined for a hot time in hell. One of my children objected to the daily harangue she experienced. I backed them up, pointing out that our rules of engagement allow people to shout out that sinners are among us.

Then this week President Donald Trump used his bully pulpit to level untrue accusations at us media types for producing fake news in response to reporters asking him for proof of his allegations that there was massive voter fraud, and a host of other Trumpisms.

Trumps castigation of the national media has delighted his supporters and has left reporters scratching their heads why some Americans are not believing them when they report verifiable, factual information that debunks Trumps false claims.

So even a president can make use of free speech at the cost of others for his own goals.

I think that development is why more White House reporters are challenging Trump in real time about this facts. The technique has risks, as reporters are often seen as confronting the president and not giving him a second chance to provide factual information. For now, I see no recourse for the press corps.

Our duty as reporters is to report the news and verify claims by any and all presidents, mayors, county commissioners and school board members. If we dont do that we leave Americans vulnerable to manipulation for personal or political gain by those they have granted power.

Fortunately, our founding fathers recognized this vital role of the press and included the institution in the First Amendment. I for one, am very grateful for that foresight.

Roger Schneider is city editor at The Goshen News and has been a journalist for 39 years.

View original post here:
BLOG SPOT: First Amendment keeps presidents in check - Goshen News (blog)

Flag lesson in First Amendment angers some parents – wral.com

Fayetteville, N.C. A Cumberland County high school teacher has been suspended after he stepped on an American flag as part of a history lesson on Monday.

A photo posted on Facebook shows Lee Francis, a history teacher at Massey Hill Classical High School in Fayetteville, standing over an American flag at the front of the class.

Students said Francis tried to burn and cut the flag before dropping it on the floor as part of a lesson on the First Amendment. At least two students walked out of the classroom during the demonstration.

"I put the flag on the ground and I took two steps with my right foot and I said, 'This is an example of free speech,'" Francis said. "Two students got up and left immediately with no word, no disruption at all...I assumed something had happened. One student came to where I was and took the flag from me."

Francis has been suspended with pay in connection with the incident until he meets with Superintendent Dr. Frank Till on Thursday.

Francis, who has relatives in the military, said he did not intend to offend students, but wanted to drive home the Supreme Court's definition of free speech.

Melissa Ramos has a daughter at the school and a son who is stationed at Fort Bragg. She said she was furious about the demonstration and demanded that Francis be fired.

"Just personally, as a military family, to have someone do that, thank goodness she wasn't in that class because of her experiences having friends not come home," she said. "There are so many other ways that he could have taught that instead of trying to desecrate the flag that so many people in this country have fought so hard for.

In a statement, Superintendent Dr. Frank Till Jr. said in a statement, "Clearly there are other ways to teach First Amendment rights without desecrating a flag. The situation is currently under investigation."

"I think he's right, absolutely there could be other ways to teach the subject, but in the same vein the way that I taught it can't necessarily be wrong," Francis said.

The Facebook post has gone viral with more than 10,000 shares.

The investigation is ongoing.

More here:
Flag lesson in First Amendment angers some parents - wral.com

Hugh Stevens | Stevens Martin Vaughn & Tadych PLLC

Hugh Stevens is both a nationally known First Amendment and media lawyer and a versatile litigator. For more than 20 years Hugh served as general counsel to the North Carolina Press Association, which designated him as counsel emeritus upon his retirement in 2002. In 2003 the Association honored Hugh by selecting him to receive its W. C. Lassiter Award in recognition of his zealous defense of the First Amendment. In 2006 he became only the second lawyer inducted into the North Carolina Journalism Hall of Fame.

Hugh is a founding member and past chair of the North Carolina Bar Associations Section on Constitutional Rights and Responsibilities. In January, 2015 the Section presented Hugh with its John McNeill Smith Award in recognition of his extraordinary commitment to the ideals embodied in the Constitution of the United States and the Constitution of North Carolina.

Hugh also is a founding board member and past president of the North Carolina Open Government Coalition. Seewww.ncopengov.org.

Hugh continues to serve as general counsel to the North Carolina Press Foundation and as outside counsel to several North Carolina news organizations, including The News & Observer and WRAL-TV in Raleigh. He has represented news organizations, non-media companies and individuals in numerous cases involving libel, privacy and access to government records and proceedings, and was ABC News North Carolina counsel in the landmark newsgathering case of Food Lion v. Capital Cities/ABC, et al.

Hughs significant cases include two that dramatically affected the law of privacy in North Carolina Renwick v. News and Observer Pub. Co., in which the North Carolina Supreme Court declined to recognize the false light tort, and Hall v. Post, in which the court rejected private facts claims. He also was lead counsel for the plaintiff in Womack Newspapers, Inc. v. Town of Kitty Hawk, et al., 181 N.C. App. 1 (2007), in which a weekly newspaper obtained the largest attorney fee award ever paid pursuant to the North Carolina Public Records Law.

Hugh also is a versatile and experienced teacher. From 1985 until 2002 he taught a Free Press and Public Policy seminar at Duke Universitys Terry Sanford Institute of Public Policy. He also has taught First Amendment and media law at the University of North Carolina School of Law and the UNC School of Journalism and Mass Communication. He currently teaches a First Amendment course at North Carolina State Universitys Oscher Institute of Lifelong Learning.

In the early 1990s Hugh conceived the idea for a North Carolina Media Law Handbook and persuaded the Z. Smith Reynolds Foundation to provide the seed money for it. Since 1992 he has served as co-editor and author of the Privacy chapter for the Handbook, which currently is in its fifth (and first entirely electronic) edition. He also is the author of numerous book reviews, law review articles, Continuing Legal Education manuscripts and other publications. He also writes Hughs Views, a personal blog,http://www.hughstevens.blogspot.com/ and comments on First Amendment issues athttp://aboutthefirstamendment.com.

Hugh traces his interest in First Amendment law to his experience as an undergraduate at the University of North Carolina, where he served as co-editor of The Daily Tar Heel and joined other students leaders in fighting to overturn North Carolinas notorious speaker ban law, which forbade left-wing activists and leaders of Communist governments from appearing on university campuses. After completing law school at UNC in 1968, he served four years on active duty as a U.S. Navy JAG officer, during which he honed his trial skills in numerous courts-martial.

In addition to his media law practice, Hugh has extensive experience in commercial and insurance-related litigation. He has tried federal cases involving subjects as diverse as facultative reinsurance; an international airlines web site; fire truck trademarks; insurance broker negligence; ERISA; lawyer advertising; insurance and reinsurance for space satellites and launch vehicles; and defense of a phone card vendor accused of violating North Carolinas anti-lottery law.

Hughs community involvement includes long service as a director of Community Workforce Solutions, a not-for-profit agency that provides training and employment for physically and mentally impaired persons, and of the Episcopal Housing Ministry, which develops and manages apartments and social programs for low-income residents. His service to the University of North Carolina at Chapel Hill, his alma mater, includes membership in the Chancellors Club, the Board of Advisors to the Center for the Study of the American South, and the Board of Directors of the Friends of the Library, of which he is a past chair.

Hugh and his wife Marilyn have three children and five grandchildren. His hobbies are golf, reading, traveling, cooking and Boston Red Sox baseball.

Read the original:
Hugh Stevens | Stevens Martin Vaughn & Tadych PLLC

Our First Amendment rights are quickly slipping away – The Navigator

To the editor:

The forefathers of our country were very intelligent and insightful people. They were able to see how important freedom of speech and the right to peaceful assembly were to the survival of a democratic government. Both of these ideals were incorporated within the First Amendment.

After watching the riots at Berkeley University over the speaker Yiannopoulos last week, I am highly concerned how easily we are willing to discard the First Amendment.

I listened to some of the students at Berkeley proclaim victory because the speaker was not able to give his presentation. When a student was asked by a reporter if stopping the speaker was not a violation of our freedom of speech as outlined in the Constitution, her reply was that his was not free speech, but hate speech.

I scratch my head and wonder how we have arrived at a point where you are only allowed to speak when other people consent and agree with your point of view. If you do not agree with a presenter, you have options. You can choose to boycott, peacefully assemble to protest or totally dismiss and ignore the ideas of the speaker and go watch a ballgame with some friends.

You are not entitled to keep the presenter from speaking!

The First Amendment, in addition to free speech, also gives you the right of peaceful assembly. It seems that some of the protesters also missed that part of the Constitution. You do not have the right to vandalize ATM machines, break windows, throw bricks, throw firecrackers, spray pepper spray, punch people and set public property on fire. In the name of political correctness, the protesters had the audacity to spray paint fascists on some of the buildings in the riot zone.

Fascisim restricts free speech, yet the protesters wish to restrict who may speak. Now, I ask you who is the real Fascist? One of the core values of a university and its students should be free speech!

When I was principal at ECHS, I had a situation where a group of students had protested the Christian religion in the parking lot. Most of the student body was very upset with this small group.

Concerned, I called the school attorney, who by reputation was one of the top attorneys in the state dealing with school law. He asked me how I felt about what the students had done, and I told him that I as shocked by their actions (Shocked is a school law term). The attorney told me that I had to remember that the First Amendment is not a light switch which can be turned on and off at my or anyone elses discretion. Just because you dont like it, you dont agree with it or you dont consider it politically correct, people are allowed to express their ideas without hindrance.

The wise words of the attorney have stuck with me over the years, and I often think of them during turbulent times and how they apply!

This letter is my First Amendment right to express myself. I thank God that I live in a country that says I have that right..

This issue is not about being a Democrat or Republican. I couldnt give a hoot about this particular speaker, as I am not familiar with his ideas, but I do care about the First Amendment. As a former teacher of the U.S. Constitution, I do recognize that curtailing any aspect of our right to freedom of speech is a slippery slope. The real issue of my concern is that once you start deciding what people can say, where do you stop? Under the guise of political correctness, you now have made yourself judge, jury and executioner of the First Amendment.

A sad epitaph to the Berkeley riot is that the students think they won, but what did they really lose?

Stan Struckmeyer

Albion

Originally posted here:
Our First Amendment rights are quickly slipping away - The Navigator

AFA: Help us urge Trump to protect First Amendment – One News Now – OneNewsNow

A pro-family organization is encouraging conservative Christians to join its online effort to ask President Donald Trump to defend religious liberty.

A draft memo that outlined a proposed executive order leaked from the White House in early February, ending up in the hands not of religious organizations but homosexual rights groups.

The existence of the memo was first reported by left-wing news website The Nation.

If the content of the memo is true, says a spokesman for homosexual lobby group Human Rights Campaign, the Trump-led White House is poised to "wildly expand anti-LGBTQ discrimination across all facets of government."

"Discrimination" is common left-wing parlance, along with words such as "hate" and "bigotry," for holding traditional views about marriage and sexuality.

What this memo accomplishes, says American Family Association spokesman Walker Wildmon, is prevent the federal government from "encroaching on the First Amendment rights of Americans of faith, and really it would keep the government from coercing people of faith to violate their religious beliefs."

The fate of the memo in coming weeks is unknown, so Wildmon and AFA are asking Christian conservatives to sign their names to an online petition urging President Trump to sign the executive order. The petition has approximately 109,000 signatures.

Writing at The Daily Signal, researcher Ryan Anderson says the memo suggests protecting federal employees from punishment if they hold traditional views about marriage, citing the 1964 Civil Rights Act.

Such an executive order would conflict with the pro-homosexual propaganda of the Obama administration, which pushed such "progressive" views within the Department of Justice, the Pentagon, and other agencies.

Beyond the federal government, Ryan writes, the memo suggestsprotecting the nonprofit status of religious organizations that express views about political issues, marriage and sexuality, and abortion.

In all, Ryan writes, there are 10 suggestions outlined in the memo, many of them rolling back Obama-era executive orders that were applauded at the time by homosexual activists and abortion rights groups.

"The executive order is good, lawful public policy," Ryan suggests in his commentary. "And it makes good on several promisesthen-candidate Trump made to his supporters."

Wildmon says the petition is one way tell President Trump that "amongst the people who elected him, voted him into office, this executive order and things like it are very popular."

American Family Association is the parent organization of American Family News, which includes news website OneNewsNow.

We moderate all reader comments, usually within 24 hours of posting (longer on weekends). Please limit your comment to 300 words or less and ensure it addresses the article - NOT another reader's comments. Comments that contain a link (URL), an inordinate number of words in ALL CAPS, rude remarks directed at other readers, or profanity/vulgarity will not be approved.

Follow this link:
AFA: Help us urge Trump to protect First Amendment - One News Now - OneNewsNow