Archive for the ‘First Amendment’ Category

Indiana law about personal freedom

The outcry over Indiana's Religious Freedom Restoration Act is proof positive that the First Amendment's protection against government abridgment of the free exercise of religion by each citizen is endangered.

The loud, whining demands that the law be "fixed" or repealed fly in the face of a commitment to individual freedom to believe and live as one's conscience dictates.

The homosexual community and its supporters would say the belief that marriage can exist only between a man and a woman is archaic, simple-minded, hateful and any number of other pejoratives (even though it was the universally accepted view until very recently).

But, the First Amendment was written by those who sought to protect just such beliefs from government interference and compulsion. It is precisely those individually held beliefs in conflict with the politically astute and those who can militate such public demonstrations that most need First Amendment protection.

The Religious Freedom Restoration Act prohibits government actions that substantially burden one's exercise of his or her religion. How can someone argue with that? Only those who decide that my religious beliefs are invalid can take such a position.

As long as the First Amendment protection (as embodied in the RFRA) prevails, neither the government nor any individual has the right to dictate those beliefs to me or to any gay, lesbian or other person, regardless of the unpopularity of the beliefs.

PERRY ALBIN

Newman

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Indiana law about personal freedom

UMd. Investigation Concludes Offensive Email Protected By First Amendment

COLLEGE PARK, Md. (WJZ) A racist, sexist email sent by a fraternity member on the University of Maryland campus was protected under the First Amendment, the university concluded in a recent investigation.

As Tracey Leong reports, the student who wrote the email could come back to campus and some students are uncomfortable with that.

Students gathered Thursday at a town hall on campus to discuss the letter and the universitys findings.

In a letter Wednesday, President Wallace Loh addressed the university community stating that officials had concluded an investigation into a an abhorrent email that was racist, sexist, and misogynist in condoning non-consensual sexual conduct that was sent more than a year ago, but was recently brought to the attention of campus leaders.

The email, which was written by a Kappa Sigma fraternity member, was sent to other members of the fraternity.

In the letter, Loh said:

The investigators interviewed many individuals and reviewed other information. They focused not only on the content of the message but also on the factual circumstances of time, place, manner, and effects of the message. They found no subsequent conduct by anyone that raised safety concerns.

They concluded that this private email, while hateful and reprehensible, did not violate University policies and is protected by the First Amendment. Following consultation with the Universitys General Counsel, I accepted the conclusions of this independent investigation that was carried out in accordance with due process.

However, this determination does not mitigate the fact that the email is profoundly hurtful to the entire University community. It caused anger and anguish, pain and fear, among many people. It subverts our core values of inclusivity, human dignity, safety, and mutual respect. When any one of us is harmed by the hateful speech of another, all of us are harmed.

Loh said he met with the student and his parents and the student did apologize for his behavior, saying:

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UMd. Investigation Concludes Offensive Email Protected By First Amendment

What is the biggest takeaway you want your students to have about the First Amendment when lecturing – Video


What is the biggest takeaway you want your students to have about the First Amendment when lecturing
http://www.reellawyers.com/ivo-labar.

By: ReelLawyers

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What is the biggest takeaway you want your students to have about the First Amendment when lecturing - Video

Protecting the First Amendment and Muzzling the Marketplace of Ideas

April 1, 2015|10:55 am

(Heritage Foundation)

Dr. Edwin Feulner is Founder of The Heritage Foundation, a Townhall.com Gold Partner, and co-author of Getting America Right: The True Conservative Values Our Nation Needs Today .

"Congress shall make no law abridging the freedom of speech." The words of the First Amendment couldn't be plainer. Yet more than two centuries after the Bill of Rights was written, they remain the subject of fierce debate.

Actually, I should amend that (no pun intended). These words would be the subject of debate if debate were permitted. But these days, apparently, we're all so thin-skinned that we can't bear to hear an opinion that challenges our worldview.

This is even true, ironically, at our institutions of higher learning. Some colleges are far more interested in swaddling their students in a protective bubble than in teaching free speech.

Consider what happened to Omar Mahmood. The University of Michigan student last year wrote a satirical piece for the campus newspaper, the Michigan Daily, listing the ways that the pervading culture of right-handedness victimizes left-handed people.

"The biggest obstacle to equality today is our barbaric attitude toward people of left-handydnyss [sic]," he wrote. "It's a tragedy that I, a member of the left-handed community, had little to no idea of the atrocious persecution that we are dealt every day by institutions that are deeply embedded in society."

Anyone familiar with the political correctness that pervades so much of society will recognize what Mahmood was lampooning. The victim mentality is particularly acute on many campuses, with professors nursing and even inflaming cultural conflicts on every level, leaving everyone walking around on eggshells.

In such an environment, Mahmood's column could have served a valuable purpose. An actual debate -- imagine! -- could have ensued.

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Protecting the First Amendment and Muzzling the Marketplace of Ideas

University of Maryland officials say hateful e-mail did not violate policy

University of Maryland officials have concluded that a vulgar e-mail a student sent to members of his fraternity last year was hateful and reprehensible, but did not violate the schools policies and is protected by the First Amendment guarantees of freedom of speech.

University President Wallace D. Loh announced Wednesday the results of an investigation that involved campus and Prince Georges County police, as well as the universitys Office of Civil Rights and Sexual Misconduct.

At issue was a private e-mail sent in January 2014 by a member of the Kappa Sigma fraternity that surfaced publicly in March this year. It contained a racist, sexist message indicating that the author wanted to have sex with women during fraternity rush week but didnt want people to invite women of certain races. The e-mail also contained a line using an expletive to indicate above all else to forget about consent.

Loh said the e-mail was profoundly hurtful to the entire university community. By mutual consent, he said the student responsible has left campus and will not return for the semester.

The student issued an apology through Lohs statement:

I apologize for the pain that I have caused you, the entire University of Maryland community, and many others who were offended by my words. ... For this, I am deeply sorry.

I regret sending that e-mail more than Ill ever be able to put into words, the student continued. I know there is no way to erase this incident or the agony it has caused, but ... I have learned an important life lesson, realizing there is no room for hate or prejudice of any kind in our community.

Loh said the student proposed to undergo training in diversity and cultural competence and to perform community service. I accepted these actions to hold him morally accountable, Loh said.

The student is no longer a member of the fraternity.

Nick Anderson covers higher education for The Washington Post. He has been a writer and editor at The Post since 2005.

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University of Maryland officials say hateful e-mail did not violate policy