Don’t allow First Amendment rights to be seen as ‘wrongs’ – The Record

When it comes to exercising your rights of free speech, assembly and petition in Tennessee, be careful. Setting up a tent for an overnight stay during a protest could land you in prison for up to six years.

A new law signed quietly into effect Nov. 5 by Gov. Bill Lee changes the crime of overnight camping on state property without a permit aimed at deterring protesters who have done that from a misdemeanor to the much more serious felony. It also provides for stricter penalties and minimum jail terms for such clear threats to the republic as drawing in chalk on state property or interrupting legislators or local officials who are in a meeting.

In recent years, police have resorted to sweeps during demonstrations that operate on the theory of arrest all and sort them out later, sometimes taking into custody non-protesters simply walking to lunch or shopping. The Volunteer States new anti-protest law advocates call it criminal justice reform requires a magistrates intervention to gain early release for anyone sooner than a mandatory 12-hour minimum stay behind bars.

A move in states to si-lence public protest began about a decade ago, around the time of the Occupy movement. The latest Tennessee statute was sparked by demonstrators who set up camp in Nashvilles War Memorial Plaza for nearly two months this year while seeking removal of a bust of Confederate Gen. Nathan Bedford Forrest, first leader the Ku Klux Klan, from the state Capitol building.

By some reports, as many as 40 states have considered or adopted direct or backdoor attempts modeled on a draft law prepared by a conservative alliance of legislators and corporations to restrain public protest. Some proposals include providing legal immunity for motorists who essentially absent a declaration of intent to injure or kill strike demonstrators standing in a public thoroughfare.

Some proposed laws have been deemed outright to be unconstitutional for targeting certain groups or simply for being too broad or too vague. But government officials can enact lawful restrictions on time, place and manner in how we protest. If upheld by the courts, such laws reasonably can limit the hours and locations of public demonstrations or individual protests, the size of signs or the number of people who can gather in public spaces or on sidewalks.

Such laws nonetheless can chill free speech in ways seemingly distant from the 45 words of the First Amendment. Being convicted of a felony also may mean forfeiting the rights to vote, carry a gun or obtain a professional license and negatively can affect your ability to get a job or obtain a mortgage.

In Florida, Gov. Ron DeSantis recently proposed not only felony charges on protestors, but also penalties on cities and towns deemed not to be taking appropriate law and order measures in response to demonstrations. If enacted and if the provisions survive court challenge Florida would have the harshest anti-protest laws in the nation.

DeSantis proposal, to be considered when the legislature meets in March, includes felony charges for obstructing traffic during an unauthorized protest or for toppling a monument; an initial no bail provision for those arrested during a demonstration, and a mandatory six-month jail term for anyone who strikes a law enforcement officer during a protest. Anyone who organizes or simply donates money to protesters would risk penalties under the states racketeering laws.

Tennessees chapter of the American Civil Liberties Union said the new law in that state law requiring 12-hour holds upon arrest, putting in place mandatory minimums and enhancing petty crimes to felony-level offenses will send a message loud and clear that Tennessee is no place to exercise your constitutional rights if state or local government entities disagree with you.

U.S. Supreme Court decisions stretching back more than 140 years have upheld our rights to assemble and petition. In 1937, the US. Supreme Court ruled unanimously in De Jonge v. Oregon that the right to peaceably assemble for lawful discussion, however unpopular the sponsorship, cannot be made a crime. And in 1939 the court held in Hague v. Committee for Industrial Organization that streets and parks ... have immemorially been held in trust for the use of the public and, time out of mind, have been used for purposes of assembly, communicating thoughts between citizens and discussing public questions.

Ten years later, Justice William O. Douglas, in Terminiello v. City of Chicago, wrote free speech is intended to ... invite dispute. It may indeed best serve its high purpose when it induces a condition of unrest, creates dissatisfaction with conditions as they are, or even stirs people to anger ...

It may strike at prejudices and preconceptions and have profound unsettling effects as it presses for acceptance of an idea.

More recent court rulings echo Douglas in acknowledgement that protest is inherently disruptive, may well be offensive or cause anguish to some, but is protected because of a need for robust public discussion around public policy and practices.

Yes, democracy is messy and public demonstrations at times may well inconvenience, insult or infuriate you and me. But legislative acts designed to restrain, remove or chill our rights to protest are not just unconstitutional, but also unpatriotic.

As James Madison, author of the First Amendment, once observed about the new nation: The censorial power is in the people over the government, and not in the government over the people.

Gene Policinski is chief operating officer of the Freedom Forum Institute and its First Amendment Center. He can be reached at gpolicinski@newseum.org or 202-292-6290.

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Don't allow First Amendment rights to be seen as 'wrongs' - The Record

Hate speech vs free speech: SC gives 2 weeks to Sudarshan TV to respond to Centre’s affidavit – The Tribune India

Satya PrakashTribune News ServiceNew Delhi, November 19

The Supreme Court on Thursday gave two weeks to Sudarshan TV and others to respond to the Centre's affidavit that indicted the channel for violating Programme Code.

A Bench, led by Justice DY Chandrachud, asked Sudarshan TV and the petitioner to file their responses and posted the matter for further hearing after two weeks.

The Centre has indicted Sudarshan TV for violation of Programme Code and cautioned it for telecasting UPSC Jihad saying it was not in "good taste and offensive.

However, it allowed the channel to telecast the remaining episodes of the controversial programme after suitable modification and moderation.

In an affidavit filed in the top court, the Information and Broadcasting Ministry noted that the episodes telecast by the channel have the "likelihood of promoting communal attitudes.

If any violation of the Programme Code is found in future, stricter penal action would be taken, the Ministry said, asking the channel to file a compliance report forthwith before the telecast of the remaining episodes.

Cautioning the channel, the I&B Ministry said, The channel should review the contents of the future episodes of the programme Bindas Bol UPSC Jihad, and the audio-visual content should be suitably moderated and modified, so as to ensure that there is no violation of the Programme Code

The Supreme Court had on September 23 deferred hearing on a petition seeking a ban on Sudarshan News' controversial programme 'UPSC Jihad' after the Centre said it has issued a show-cause notice to the TV channel.

Solicitor General Tushar Mehta had told a Bench led by Justice DY Chandrachud that in the exercise of the power conferred upon it under the Cable TV Network (Regulation) Act, 1995 the Central Government has issued a show-cause notice to Sudarshan News.

The Bench had, however, made it clear that the notice shall be dealt with under law and its order restraining Sudarshan News from telecasting further episodes of its controversial programme shall continue. The programme had alleged Muslims were "infiltrating" civil services in a planned manner.

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Hate speech vs free speech: SC gives 2 weeks to Sudarshan TV to respond to Centre's affidavit - The Tribune India

Britain needs to take a lesson from the US in protecting free speech – Telegraph.co.uk

The sun is setting on the Enlightenment in the United Kingdom. Before its too late, we must take steps to protect our most fundamental of rights: the freedom to express ourselves.A hodgepodge of poorly designed laws and questionable court judgments have empowered the easily offended to censor speech.

Freedom of expression is fundamental to life in a free and democratic society. This includes the freedom to express ideas that others find loathsome and hateful. It allows us both to express our innermost thoughts, and to explore controversial and important topics in public debate. The UKs protection of freedom of expression, revolving around Article 10 of the European Convention, is woefully inadequate.

We can see the rapid slide in rights in the maltreatment of vlogger Count Dankula, the polices pursuit of conservative commentator Darren Grimes, and Bethan Tichbornes public order conviction for telling David Cameron that he had "blood on his hands" during an anti-cuts protest. Shockingly, over 400 people were arrested in London alone over the last five years for communicating in an offensive nature, sending an offensive message and/or sending false information

This would have been unthinkable just a short time ago. It is now becoming the norm.

British law infringes on freedom of expression. There is mounting evidence that longstanding legislative provisions including the Public Order Act 1986, Communications Act 2003, Terrorism Act 2000 and 2006, and the Malicious Communications Act 1988 are increasingly being applied in an overly broad fashion which was not contemplated by their drafters.

The imprecise drafting of existing law means that as social attitudes shift to narrow the confines of acceptable debate, broader categories of speech will be criminalised as offensive, distressing or hateful. This is placing power over public discourse in the hands of the easily offended.

Worse, new threats to freedom of expression lurk just over the horizon. These include the cowardly suggestion by the Law Commission that controversial speech which provokes terrorism, like the Charlie Hebdo cartoons, should be banned in order to prevent terrorism. It also includes the bizarre Online Harms proposal by the Government in Westminster which would put a quango in charge of policing legal but harmful political speech on the internet.

Meanwhile, the SNPs Hate Crime Bill is proposing broad new categories of speech crime in Scotland, including new offences where the drafting of private correspondence containing offensive thoughts between consenting adults, even before the correspondence was sent, would be an act to which criminal liability attaches. The law enters everyday life like never before, policing what you can say even in your own home. We are truly entering the realm of thoughtcrimes.

In my new report for the Adam Smith Institute, Sense and Sensitivity: Restoring free speech in the United Kingdom, I argue that Parliament should take a stand against state censorship and implement a UK-wide Free Speech Act, modelled on the First Amendment of the Constitution of the United States. This should protect all non-threatening political speech from state interference. The only exceptions being that of criminal threatening, harassment, malicious defamation, perverting the course of justice, or direct incitement already in law and unprotected anywhere in the world.

In addition the government should buttress free speech in existing law by removing all references to abusive or insulting words and behaviour from Parts I and III of the Public Order Act 1986. And they should replace Section 127 of the Communications Act 2003 with a provision that limits the scope of the existing rule on electronic communication to threats only and bringing a new rule that addresses meaningful stalking and cyberstalking threats which cause or intend to cause substantial emotional distress.

Freedom only to speak inoffensively is not worth having. The British people no longer have freedom of speech. The time is ripe for Parliament to step in to restore this most essential and ancient of our liberties.

Preston J. Byrne is a technology lawyer and Legal Fellow at the Adam Smith Institute. He is admitted in England and the United States.

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Britain needs to take a lesson from the US in protecting free speech - Telegraph.co.uk

Letter: Don’t need to agree on issues, do need to respect free speech – Whidbey News-Times

Editor,

I am writing because a large number of Black Lives Matter signs on South Whidbey have been taken down or vandalized. I fail to understand the sense of entitlement it must take to steal from a neighbor and, at the same time, attempt to squelch free speech.

Taking someones BLM sign says way more about you than it does about your neighbors support of Black lives.

Speaking only for myself, I choose to display a BLM sign because I believe it is time for our country to take an honest look at the historical and current injustices imposed on and hurled at Black people our neighbors, friends, co-workers and co-citizens. It is a time of reckoning with who we are and who we want to be, and most important time to make some real changes!

An anonymous letter that showed up in my mailbox made the statement that All Lives Matter.

If All Lives Matter, then Black lives, by definition, would be part of that narrative.

If I noted something special about one of your children and commented how much she or he mattered, would you yell back at me that all of your children matter?

My question to the author of that letter is, where do Black people fit in your narrative of All Lives and why does my statement Black Lives Matter upset you so?

The Black Lives Matter movement is bigger than the Portland rioting that Fox News continues to portray as the real issue, as opposed to protesting the killing of Black men and women.

We do not have to agree on the related issues. We do need to allow each other our free speech rights, e.g., signs on our property. Removing or vandalizing your neighbors sign is criminal act. Wouldnt it be better to simply ask your neighbor to help you understand her or his intended meaning behind their posting of a BLM sign?

Barbara Dunn

Langley

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Letter: Don't need to agree on issues, do need to respect free speech - Whidbey News-Times

Between hate and state – The Indian Express

Written by Pratap Bhanu Mehta | New Delhi | September 19, 2020 3:10:56 amThe issue is fundamentally political and we should not pretend that fine legal distinctions will solve the issue. The big lesson of the last two decades is that an over-reliance on legal instruments to solve fundamentally social and political problems often backfires.

In the case of free speech jurisprudence in India, history repeats itself first as tragedy and then as greater tragedy. The Sudarshan TV case, at one level, is very simple. In principle, Indian law allows prior restraint on broadcasting. This prior restraint should be used sparingly and must meet a high constitutional bar. Indian law also allows regulation for hate speech, which is different from offensive speech. Hate speech often targets and degrades a community. So, as the law is currently constituted, the issue seems to be simple: Was Sudarshan TVs programme, Bindas Bol, as clear-cut a case of hate speech as one can see? Certainly, the material available in the public domain suggests that the show is vile. The Court passed an interim restraining order and will presumably settle the matter based on a careful consideration of the content.

But whichever way this case turns out, it looks like dark days are ahead for both democracy and freedom. In some ways, cases like this one are a repeat of the tragedy of 1951. It has been pointed out (most recently by Tripurdaman Singh, in Sixteen Stormy Days), that Indias First Amendment, enacted by Nehru, was a betrayal of liberal values. But the underlying structure of the problem was similar.

The government feared that if it did not have the power to regulate speech, all kinds of communal and insurrectionary venom could spread through society. The defence of a fragile republic required the state to be armed with the power to regulate speech. The spectre of hate and violence got the state to betray its own liberal commitments. And then began Indias crooked journey on free speech. Liberals never acquired the confidence in the demos to let go of these crutches of state regulation in the name of defending the republic. The Right used such protections as it had to spread its hate and its dog whistles. And whenever it was questioned, it weaponised free speech arguments to expose liberal hypocrisy, even as it itself cracked down on dissent.

This uneasy equilibrium still allowed Indian democracy to survive so long as hate was within certain bounds. The use of state power, while sometimes unjustified, was also still within bounds that could be contested. What kept the republic together was not the consistency of principle or the majesty of law, but elements of a political culture and fragmentation of power. What makes the crisis of free speech deeper now is that both ends of the problem have intensified. The spread of hate speech and its political consequences are now infinitely greater. The precedents of a Rwanda-like situation, where communication mediums are used to target communities, are not outside the realm of possibility. It is for this reason we still have so many restraints on speech.

On the other hand, the spectre of authoritarianism is also greater. And here is the dilemma. Almost every regulation of speech, no matter how well intentioned, augments the power of the state. But now, in the current context, where to all intents and purposes most independent institutions have crumbled, empowering the state is a frightening prospect as well. In the Fifties, we arguably feared hate more than the state. But now, when we fear both hate and the state, to whom do we turn?

This background needs to be kept in mind when thinking about cases like Sudarshan TV. The issue is fundamentally political and we should not pretend that fine legal distinctions will solve the issue. The big lesson of the last two decades is that an over-reliance on legal instruments to solve fundamentally social and political problems often backfires. In the case of free speech, this is even more so. First, if you look at the larger politics, the game of the Right is to trap liberals into being the censoring party. They get more mileage and victimhood, and create more scepticism about constitutional first principles by showing that when it comes to the crunch no one believes in free speech. We can make all the fine distinctions we want between different forms of speech. But the blunt truth is that the more the state regulates, the more it politicises the regulation of speech, and ultimately legitimate dissent will be the victim.

Second, there is a whole bunch of laws and regulation already on the books, from the Cable Broadcasters Act to the ability to sue, that should in principle provide enough restraints on the most egregious forms of speech. These have been ineffective because of institutional dysfunction. But if our institutions are truly dysfunctional, does it make sense to create another set of institutions to regulate. Or should we not draw the lesson that any regulation is only as good as the political culture that supports it? Third, it is true that the structures of democratic deliberation are deeply broken. But there is a deeper political economy here. Social media operates on a set of monetising incentives. But broadcast media has also been the creation of a particular kind of political economy. The granting of licences has always been a political affair; the pricing structures set by the TRAI have perverse consequences for quality and competition. Our current media landscape is neither a market nor a state. The more the underlying political economy of media is broken, the less likely it is that free speech will stand a chance.

This is an area that does require serious thinking: Not post facto content regulation, but a market structure that can help provide more checks and balances, and not let bad media drive out good. But with all due respect to the Supreme Court, this is something for Parliament to think about. The Court suo motu setting up a regulatory framework does not inspire confidence. It is not its jurisdiction to begin with.

The need for more regulation for speech, the fear that it can incite, is also always a judgment on the people. When we regulate speech too much, we are not just targeting the speech. We are in effect saying: We cannot trust the people to make the right kinds of distinctions. The tragedy of our situation is that hate speech mongers think hate speech makes them popular in the eyes of the people, and the state by repressing them, unwittingly confirms the argument. If the people dont want to be saved from both the power of hate and the power of the state, the law will be a feeble instrument to save them.

The writer is contributing editor, The Indian Express

The Indian Express is now on Telegram. Click here to join our channel (@indianexpress) and stay updated with the latest headlines

For all the latest Opinion News, download Indian Express App.

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Between hate and state - The Indian Express

Opinion: The right to free speech doesn’t include hate speech – The Appalachian Online

Opinion: The right to free speech doesn't include hate speech The Appalachian

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Ella AdamsSeptember 12, 2020|262 Views

The extent of free speech is a debate happening across the country with the focus on hate speech. Hate speech is discriminatory speech, writing or behaviour that attacks religion, race, gender, sexuality and other factors of identity. With the rise of political polarization and an increased spotlight on social issues, people are quick to police each others language. This debate over the First Amendment is happening among students and administrators in Boone. People are not afraid to express their opinions and American universities have cautiously navigated free speech on campus, balancing between too much restriction and not enough. So where should we draw the line between free speech and hate speech?

It is App States responsibility to ensure students have a voice on campus. But, App State must ensure students feel accepted. Students have the right to express their beliefs, however, the line is crossed when free speech infringes on another students right to feel safe on campus.

A student reported to Black at App State an incident in which they and eight of their friends were verbally harassed by two white fellow students shouting racial slurs at them on campus. The student says in the Instagram post, I realized how unprotected Black students were in this community. It is unclear if the incident was reported to the university. But regardless of if incidents are reported to administration, fighting hate speech begins with App State students. Hate speech should not be accepted on App States campus. Free speech is a pillar of American ideals but shouldnt be used to alienate and harass fellow citizens in the name of freedom.

Americans are familiar with the First Amendment: Congress cannot make any law restricting freedom of speech, religion, the press etc. But, the First Amendment does not give Americans the right to say whatever they want: there are restrictions. Yelling fire in a crowded theater is not protected free speech because it falsely expresses clear and present danger. Additionally, reasonable threats against another person are not protected. Unregulated hate speech normalizes prejudice therefore, it is extremely dangerous. For example, the United States is currently experiencing a spike in hate crimes the highest numbers in 16 years. Hate speech encourages discrimination so App State is in its right to take action against students who use it.

Free speech is important on college campuses, but students freedom to exist on campus hate and harassment free is far more important.

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Opinion: The right to free speech doesn't include hate speech - The Appalachian Online

New Freedom of Speech and Expression Statement released – The Record

With only one day left for student feedback, the Freedom of Speech and Expression Statement is nearing finalization.

The statement, which passed through multiple drafting and review phases before hitting students inboxes, lays out the institutions commitment to protecting and setting necessary boundaries around the freedom of communication within the Goshen College community.

The writing process began in the spring of 2020, when President Rebecca Stoltzfus asked LaKendra Hardware, director for diversity, equity and inclusion, and Jodi Beyeler, vice president for communication and people strategy, to draft a statement that would regulate campus norms and provide a groundwork for existing and new policies.

The statement is not a direct response to the hate speech incident that took place on campus around the same time last spring, said Hardware, but incidents like that one make it clear that articulating ground rules for communication on campus is important.

This is an opportunity for us to look at our campus and say, how can we ensure that all persons feel protected, but also empowered to stand in their freedom to speak and to express themselves, Hardware said.

The deadline for student feedback on the statement is this Friday, Sept. 18, and Hardware encourages as many students as possible to participate by responding with comments and questions.

Julia Schiavone Camacho, associate professor of history, offered her perspective on the importance of the first-amendment right of freedom of speech.

In United States history, freedom of expression has been closely linked to religious freedom, and the value placed on these freedoms have set us apart (as a nation), she said.

Schiavone Camacho believes dialogue between diverse people is crucial in institutions of higher education, like Goshen College.

In a healthy society, ideas, intellectual curiosity and debate flourish, she said.

The Freedom of Speech and Expression Statement encourages students, faculty and staff to act according to the principle that the best response to ideas that they find offensive is more speech, not censorship.

But it also clarifies that Freedom of speech and expression does not protect speech or behavior against individuals or groups that is discriminatory, slanderous, threatening, intimidating, harassing or incites violence.

Hardware understands that finding a balance between protecting free speech and setting boundaries to avoid harm is of utmost importance.

There is a time and place when freedom of speech can become problematic, she said.

Nathan Pauls, a senior communication and art double major, remembers a time he experienced conflicting ideas on the Goshen College campus.

His first year at GC, a disagreement broke out on his floor over politics and values. He remembers that the situation led to some tension and white-board writing that turned nasty.

When underlying trends of discrimination and oppression are added to the mix, there is potential for things to get even nastier, Hardware explained.

She used an example to illustrate this idea.

I can tell you, she begins, that I dont like your shirt. Its my freedom of speech [to say that]. But lets say, your shirt was your identity, and I said, I hate your shirt because your shirt is trash. Your shirt has always been trash. And lets say that that argument has been used historically for folks who have your shirt as their identity. So now Im not just attacking you, Im attacking you on the history of what has been said and done in the past. Im articulating it as freedom of speech, but its problematic because of the historical connection to the terrorization of others in that way.

I think the time and climate were living in calls for people to think about [language], Hardware said, Whether its political, whether its around racial or ethnic identity, whether its around sex or gender identity.

Mindfulness around language is what the Freedom of Speech and Expression statement is meant to encourage.

The final version of the statement will be re-presented to the campus community and adopted once student feedback is reviewed and final revisions made.

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New Freedom of Speech and Expression Statement released - The Record

What Does the Education Department’s New Final Rule Mean For… – Diverse: Issues in Higher Education

September 16, 2020 | :

Last Wednesday, the U.S. Department of Education issued its final rule on religious liberty and free inquiry, which details protections for faith-based institutions and religious student groups at public universities and seeks to bolster campus free speech.

The rule reflects and sometimes contradicts a fraught, growing body of case law about religion and free speech in higher education.

Education Secretary Betsy DeVos

The final rule, which came after 17,000 public comments, requires universities to give equal treatment to religious student groups, which means equal access to university facilities, recognition and funding from student fees, among other things. The rule also defines what it means to be a religious higher education institution so that these schools can continue to be officially exempted from adhering to Title IX where it conflicts with a religious creed. Plus, it reaffirms that these institutions can benefit from department grant programs, so long as the funding isnt going to religious instruction, worship or proselytization.

Meanwhile, if a public university violates the First Amendment, thats grounds for the department to withhold federal cash, but only if the university receives a judgement against it in a state or federal court. Private universities can face the same repercussions if they violate their own institutional policies on freedom of speech and academic freedom.

This administration is committed to protecting the First Amendment rights of students, teachers, and faith-based institutions, said U.S. Secretary of Education Betsy DeVos in a statement. Students should not be forced to choose between their faith and their education, and an institution controlled by a religious organization should not have to sacrifice its religious beliefs to participate in Department grants and programs.

To Dr. Martha McCarthy, presidential professor of educational leadership at Loyola Marymount University, the new rule falls in line with the recent trajectory of U.S. Supreme Court decisions, at least in terms of ensuring government funding can go to religious institutions.

She cited Trinity Lutheran Church of Columbia, Inc. v. Comer, which ruled in favor of a church pre-school receiving federal grant money in 2017, and the 2020 case Espinoza v. Montana Department of Revenue, which sided with parents who wanted to use Montana state government scholarships to send their children to religious schools.

These decisions make the clause separating church and state somewhat second-tier or maybe even impotent, she said. The new regulations conform in spirit with where the court seems to be going.

But the rule also conflicts with the Supreme Court case Christian Legal Society v. Martinez, said Dr. Charles J. Russo, a research professor of law and Joseph Panzer Chair in Education at University of Dayton.

In 2010, the Supreme Court upheld a lower court decision that allowed the University of California at Hastingss law school to deny recognition to a chapter of the Christian Legal Society. The student group wanted an exemption from the universitys non-discrimination policy on the basis that their umbrella organizations statement of faith prohibited sexual activity outside the context of marriage between a man and a woman.

Thats why Russo foresees legal conflict over the new rule.

Im pretty convinced that someone will bring a lawsuit challenging it, he said. I would just about bet that somebody will challenge this.

He personally likes the rule as a basic protective measure for religious student groups. For example, he cited another case, Rosenberger v. University of Virginia, in which the university wouldnt allow a religious student group to publish its newsletter using funding from a student activities fund in 1995. Here, the Supreme Court decided, in favor of the students, that this was viewpoint discrimination.

But regardless, the rule feels like a possible landmine to challenge Supreme Court precedent. Whether one agrees with the Christian Legal Society, the case in California, or disagrees, this certainly overturns it, he added. And I dont think the Department of Education has the authority to do that.

McCarthy predicts another kind of legal challenge. The final rule requires private institutions to follow their own self-determined guidelines on First Amendment rights and doesnt require them to have anti-discrimination policies. That means if, for example, LGBTQ students were barred from a religious student club at a private university, faith-based or otherwise, the institution would still be in full compliance with the rule.

In her interpretation, if [private colleges] have institutional policies that allow discrimination, thats what theyd be judged on, she said. That, to me, does not seem appropriate.

Meanwhile, public universities find themselves in a very difficult position with the impending threat to federal funding, according to Association of Public and Land-grant Universities (APLU) President Peter McPherson.

Freedom of speech on campus is an area of continuing difficulty [and] conflict within the law, he said, and different circuit courts interpret Supreme Court decisions on it differently. He thinks the fear of losing education department grants will force public universities to do one of two things: immediately fold to whoever files a free speech lawsuit against them or pour resources into fighting them because the financial stakes of losing a case are too high.

As a former president of Michigan State University, he thinks First Amendment rights are taken very seriously at public universities, he added, and he sees open and free speech as one of their core values. But putting their federal funding on the line shifts the scale of justice.

Granted, government putting requirements on funding is a common deterrent to encourage compliance to regulations, said Russo. But if the department actually withdrew a universitys federal funding over First Amendment litigation, that would be new.

The ultimate hammer that the feds have against a state, against a school, against an institution is that we can stop funding you if you dont get in line and follow this rule, he said. Im not aware of any case where thats actually happened. [Universities are] going to go to court before they let that happen. I dont think universities are going to roll over and play dead. I think theyre going to question the motivation of the federal government and its action.

Sara Weissman can be reached at sweissman@diverseeducation.com.

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What Does the Education Department's New Final Rule Mean For... - Diverse: Issues in Higher Education

Will Trump’s Herd Immunity Strategy Crash the Economy? – Free Speech TV

Donald Trump's plan for COVID-19 is herd immunity, and the effects of this dangerous policy could crash the remains of our economy, Richard Wolff joins in for this special and grim warning.

What effect will a disproven strategy like herd immunity have on our economy? Richard Wolff tells Thom Hartmann that it's a grim outlook.

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The Thom Hartmann Program covers diverse topics including immigration reform, government intrusion, privacy, foreign policy, and domestic issues. More people listen to or watch the TH program than any other progressive talk show in the world! Join them.

The Thom Hartmann Program is on Free Speech TV every weekday from 12-3 pm EST.

Missed an episode? Check out TH on FSTV VOD anytime or visit the show page for the latest clips.

#FreeSpeechTV is one of the last standing national, independent news networks committed to advancing progressive social change.

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Coronavirus COVID-19 Donald Trump Economy Herd Immunity Richard Wolff The Thom Hartmann Program Thom Hartmann

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Will Trump's Herd Immunity Strategy Crash the Economy? - Free Speech TV

Fed Troops In US Cities & HeatRay Machines : Is this real life or a Bond movie? – Free Speech TV

In this clip, Randi Rhodes discusses Bill Barr's most recent congressional testimony, the use of heat rays and more!

The Randi Rhodes Show delivers smart, forward, free-thinking, entertaining, liberal news and opinion that challenge the status quo and amplifies free speech.

Dedicated to social justice, Randi puts her reputation on the line for the truth. Committed to the journalistic standards that corporate media often ignores, The Randi Rhodes Show takes enormous pride in bringing the power of knowledge to her viewers.

Watch The Randi Rhodes Show every weekday at 3 pm ET on Free Speech TV & catch up with clips from the program down below!

Missed an episode? Check out The Randi Rhodes Show on FSTV VOD anytime or visit the show page for the latest clips.

#FSTV is available on Dish, DirectTV, AppleTV, Roku, Sling and online at freespeech.org

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Fed Troops In US Cities & HeatRay Machines : Is this real life or a Bond movie? - Free Speech TV

Analysing the Effects of Turkey’s Social Media Regulation Bill – JURIST

Akshita Tiwary, student at Government Law College, Mumbai and JURIST Staff Writer, analyses the implications of the newly passed social media bill in Turkey...

On July 29th, 2020, the Parliament of Turkey passed a controversial bill to regulate content posted on social media platforms, which will come into effect on October 1st, 2020. The bill is expected to have a chilling effect on the freedom of speech and expression within the country. Several human rights groups are viewing it as a political tactic to curb criticism against government functionaries within the country, including President Recep Tayyip Erdogan. The passing of the bill is a concerning development, especially amidst the pandemic when social media platforms exist as one of the few alternatives through which people can assess and denounce wrongful government actions.

In Turkey, print and broadcast media platforms are already under government control. In such a scenario, social media platforms are one of the few outlets through which citizens can voice their independent opinions. Under the new bill, social media giants like Facebook and Twitter are expected to have local representatives in Turkey. They are also required to comply with court orders over the removal of certain content. The bill demands social media companies to store user data within Turkey, which also raises privacy concerns. The new law could see companies facing fines, blocking of advertisements, or have bandwidth slashed by up to 90 percent, which could essentially block peoples access to their sites. All these measures are severely expected to increase censorship, which would be a major blot on the exercise of free expression within the country.

The bill goes against Turkeys international commitments to protect free speech and expression within the nation, which is reflected through its ratification of the International Covenant on Civil and Political Rights (ICCPR). Article 19(2) of the ICCPR provides for the right to freedom of expression, which includes the right to seek, receive, and impart information of all kinds through any form of media. This right can be restricted only for the purposes of protecting the rights and reputation of others, national security, public order, health, or morals. General Comment No. 34 rightly states that the freedom of expression is the founding stone for every democratic society. It leads to transparency and accountability that further helps in the protection of human rights. Paragraphs 42 and 43 assert that the penalization of media outlets or restricting information dissemination systems, solely because they may be critical of the government, lies beyond the permissible restrictions on the exercise of free speech and expression. On account of these requirements, the passing of the bill in the present case cannot be justified.

In particular, Turkeys obligation to protect freedom of expression draws inspiration from Article 10 of the European Convention on Human Rights (ECHR). In the judgment of Sunday Times v. United Kingdom, the ECHR demonstrated how any restriction on free speech and expression must be established convincingly and in keeping with a pressing social need. The absence of exigent circumstances prior to the approval of the bill makes its intentions questionable. Moreover, past instances of censorship portray how the bill merely seeks to stifle dissent to make people adhere to the governments notions of right and wrong.

Turkey leads the world in removal requests to Twitter, with more than 6,000 demands in the first half of 2019. By the end of 2019, Turkey had blocked access to 400,000 websites. A ban imposed on Wikipedia in 2017 was lifted only in January 2020 after a court decision. The organization, Reporters without Borders, ranks Turkey at 157 out of 180 countries in a global index for media freedom. In a nation where criminal proceedings are regularly instituted against the critics of the President, it is not difficult to imagine that such a bill operates according to the same objectives. This also goes against the spirit of Articles 26, 27 and 28 of the Turkish Constitution.

One cannot undermine the significance of the freedom of speech and expression in a democratic society. Given current tumultuous times, social media platforms act as important agents for bridging the gap between government directives and peoples assessment of the same. Popular criticism cannot be banned over alleged notions of immorality. Such draconian measures threaten to destroy the very foundation of a free and informed society.

Human rights organizations and activists around the world, including the UN High Commissioner for Human Rights, have censured this move of the Turkish Parliament. International outcry, coupled with active efforts of civil society organizations, can ensure that the provisions of this bill are not used in a mala fide manner. Against this backdrop, there is an urgent need for the government to carefully deliberate upon this measure. This becomes imperative considering that the duty to uphold and protect freedom of speech and expression, first and foremost, lies with the government.

Akshita Tiwary is a 3rd-year law student at Government Law College, Mumbai. She serves as a Staff Writer for JURIST, and is keenly interested in international law, human rights, and constitutional law.

Suggested citation: Akshita Tiwary, Analysing the Effects of Turkeys Social Media Regulation Bill, JURIST Student Commentary, September 17, 2020, https://www.jurist.org/commentary/2020/09/akshita-tiwary-turkey-social-media-bill/.

This article was prepared for publication by Khushali Mahajan, a JURIST staff editor. Please direct any questions or comments to her at commentary@jurist.org

Opinions expressed in JURIST Commentary are the sole responsibility of the author and do not necessarily reflect the views of JURIST's editors, staff, donors or the University of Pittsburgh.

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Analysing the Effects of Turkey's Social Media Regulation Bill - JURIST

Instagram CEO, ACLU slam TikTok and WeChat app bans for putting US freedoms into the balance – TechCrunch

As people begin to process the announcement from the U.S. Department of Commerce detailing how it plans, on grounds of national security, to shut down TikTok and WeChat starting with app downloads and updates for both, plus all of WeChats services, on September 20, with TikTok following with a shut down of servers and services on November 12 the CEO of Instagram and the ACLU are among those speaking out against the move.

The CEO of Instagram, Adam Mosseri, wasted little time in taking to Twitter to criticize the announcement. His particular beef is the implication the move will have for U.S. companies like his that also have built their businesses around operating across national boundaries.

In essence, if the U.S. starts to ban international companies from operating in the U.S., then it opens the door for other countries to take the same approach with U.S. companies.

Meanwhile, the ACLU has been outspoken in criticizing the announcement on the grounds of free speech.

This order violates the First Amendment rights of people in the United States by restricting their ability to communicate and conduct important transactions on the two social media platforms, saidHina Shamsi, director of the American Civil Liberties Unions National Security Project, in a statement today.

Shamsi added that ironically, while the U.S. government might be crying foul over national security, blocking app updates poses a security threat in itself.

The order also harms the privacy and security of millions of existingTikTokand WeChat users in the United States by blocking software updates, which can fix vulnerabilities and make the apps more secure. In implementing President Trumps abuse of emergency powers, Secretary Ross is undermining our rights and our security. To truly address privacy concerns raised by social media platforms, Congress should enact comprehensive surveillance reform and strong consumer data privacy legislation.

Vanessa Pappas, who is the acting CEO of TikTok, also stepped in to endorse Mosseris words and publicly asked Facebook to join TikToks litigation against the U.S. over its moves.

We agree that this type of ban would be bad for the industry. We invite Facebook and Instagram to publicly join our challenge and support our litigation, she said in her own tweet responding to Mosseri, while also retweeting the ACLU. (Interesting how Twitter becomes Switzerland in these stories, huh?) This is a moment to put aside our competition and focus on core principles like freedom of expression and due process of law.

The move to shutter these apps has been wrapped in an increasingly complex set of issues,and these two dissenting voices highlight not just some of the conflict between those issues, but the potential consequences and detriment of acting based on one issue over another.

The Trump administration has stated that the main reason it has pinpointed the apps has been to safeguard the national security of the United States in the face of nefarious activity out of China, where the owners of WeChat and TikTok, respectively Tencent and ByteDance, are based:

The Chinese Communist Party (CCP) has demonstrated the means and motives to use these apps to threaten the national security, foreign policy, and the economy of the U.S., todays statement from the U.S. Department of Commerce noted. Todays announced prohibitions, when combined, protect users in the U.S. by eliminating access to these applications and significantly reducing their functionality.

In reality, its hard to know where the truth actually lies.

In the case of the ACLU and Mosseris comments, they are highlighting issues of principles but not necessarily precedent.

Its not as if the U.S. would be the first country to take a nationalist approach to how it permits the operation of apps. Facebook and its stable of apps, as of right now, are unable to operate in China without a VPN (and even with a VPN, things can get tricky). And free speech is regularly ignored in a range of countries today.

But the U.S. has always positioned itself as a standard-bearer in both of these areas, and so apart from the self-interest that Instagram might have in advocating for more free-market policies, it points to wider market and business position thats being eroded.

The issue, of course, is a little like an onion (a stinking onion, Id say), with well more than just a couple of layers around it, and with the ramifications bigger than TikTok (with 100 million users in the U.S. and huge in pop culture beyond even that) or WeChat (much smaller in the U.S. but huge elsewhere and valued by those who do use it).

The Trump administration has been carefully selecting issues to tackle to give voters reassurance of Trumps commitment to Make America Great Again, building examples of how its helping to promote U.S. interests and demote those that stand in its way. China has been a huge part of that image building, positioned as an adversary in industrial, defence and other arenas. Pinpointing specific apps and how they might pose a security threat by sucking up our data fits neatly into that strategy.

But are they really security threats, or are they just doing the same kind of nefarious data ingesting that every social app does in order to work? Will the U.S. banning them really mean that other countries, up to now more in favor of a free market, will fall in line and take a similar approach? Will people really stop being able to express themselves?

Those are the questions that Trump has forced into the balance with his actions, and even if they were not issues before, they have very much become so now.

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Instagram CEO, ACLU slam TikTok and WeChat app bans for putting US freedoms into the balance - TechCrunch

LETTER: Free speech means freedom to call out bad opinions – St. Albert Today

"Someone can reserve their right to an opinion, but I reserve my right to call that opinion the garbage that it is."

Freedom of speech is a beautiful thing. It allows each person to express their ideas freely, without fear of reprisal. What doesnt it do? Protect us from having another person call our ideas garbage! (If a group, corporation or government did so, that might be considered censorship another story).

So, loosely in response in to Kelly Kerrs Aug. 12 letter, No one deserves to be personally attacked for writing an opinion, I agree with the statement of avoiding personal attacks when writing or responding to a letter. However, in regards to mask-wearing, a lot of people who may be fine, upstanding citizens otherwise have very dumb opinions!

Dumb opinions are open to being called out at any time, but are especially vulnerable when it comes to this respiratory pandemic. Almost everyone can wear a mask to no ill effect. Oxygen levels dont deplete. You dont re-inhale carbon dioxide. Its not an affront to human rights.

Compare two other well-known failsafes in our society: vaccines and seatbelts. There is an extremely small number of people who really, really, really cannot have a vaccine. So the rest of us vaccinate to help give that person protection they wouldnt otherwise have. There is, however an increasing number of people who refuse to vaccinate, even though they can do so safely. This behaviour should be pointed out for the reckless one that it is! Compare it to seatbelts. Would any of us accept the argument: I dont need to wear a seatbelt ... I know better. My Body, My Choice!? Well, it sounds silly doesnt it? If a person crashes their car, flies out of the seat, and that car continues on to run someone else over, it was only their body now, was it?

To compare to vaccination, there is an infinitesimally small number of people who shouldnt be forced to wear a mask, even though it probably wouldnt hurt. However, there is, again, that increasing number of people who are sheep to use their own words against them and believe any content they read online, and think they shouldnt wear a mask. Who are the sheep? The ones who read, and parrot word for word, alternative slop from crummy, easily-debunked websites, or the ones who understand and respect science?

Someone can reserve their right to an opinion, but I reserve my right to call that opinion the garbage that it is. May freedom of speech persist!

Damon Davies, St. Albert

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LETTER: Free speech means freedom to call out bad opinions - St. Albert Today

TikTok, WeChat ban: UM experts can discuss – University of Michigan News

EXPERTS ADVISORY

The Trump administration is adding more restrictions on TikTok and WeChat. University of Michigan experts are available to discuss its implications.

Mary Gallagher

Mary Gallgaher is the Amy and Alan Lowenstein Professor of Democracy, Democratization, and Human Rights and director of the International Institute.

Its well known that the Chinese government blocks many U.S. social media corporations from freely operating in China, including Twitter, Facebook and Google, she said. And many Chinese citizens do not support their governments restrictions on their access to information.

Rather than banning WeChat and Tiktok, which many Chinese are rightly proud of for their innovative technology, the U.S. government should highlight the lack of reciprocity in market access for U.S. firms and the Chinese governments inexcusable restrictions on free speech and expression for U.S. firms and Chinese citizens alike. We should protect our comparative advantage in openness and not fritter it away in a race to see which country can become more closed to the other.

Contact: metg@umich.edu, 734-358-0638

Nicholas Howson

Nicholas Howson is the Pao Li Tsiang Professor of Law. His areas of expertise include public law, regulatory policy and Chinese corporate law.

Parties seeking to enjoin the implementation of President Trumps executive order concerning WeChatwhether users or the platform itselfhave extremely robust legal arguments on their side, arguments that should be familiar from similar challenges to the presidents travel bans or new questions regarding citizenship on the U.S. census, he said.

Those arguments are grounded in U.S. constitutional law, including equal protection and First Amendment or free speech concernsthe power of the U.S. government to act in this way without a legislative mandate and pursuant to remarkably thin national security justifications, notwithstanding. Because this is directed at a platform associated with the Peoples Republic of China, there remains a question in my mind as to whether our federal courts are able to navigate an environment soaked in the China Threat hostility fanned by the administration in recent years, and properly enjoin the implementation of the executive order in its present form.

Contact: nhowson@umich.edu

Erik Gordon

Erik Gordon is a clinical assistant business professor. His areas of interest include entrepreneurship, venture capital, private equity, mergers and acquisitions, and the biomedical, IT and digital marketing industries.

He thinks that Americas perception of Chinas actions has eliminated the ability of China or the companies to avoid the ban by making promises.

The powerful lever of credibility has been broken, Gordon said. It is unlikely that the U.S. will accept mere promises from a company controlled directly or indirectly by Chinese entities. The nominal location of the companys headquarters doesnt matter if the company is controlled by Chinese entities.

If a U.S. company has sole access to and control over data that never leaves the U.S., it might be possible for the U.S. to accept an arrangement in which Chinese entities derive revenue from operations in the U.S. It seems less valid for the U.S. to impose a ban if there is sufficient data protection and the sole purpose of the ban is to force the company to sell its U.S. operations to a U.S. company.

Contact: rmegordo@umich.edu, 734-764-5274

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TikTok, WeChat ban: UM experts can discuss - University of Michigan News

From the Editor: The Lines Around Free Speech – Princeton Alumni Weekly

From left: Rouse; Starr; Kennedy 77

From left: courtesy Princeton University; courtesy Paul Starr; Martha Stewart

Amid all the summer news about Princeton and there was a lot of it, as you will read here one story has special relevance for PAW. The killing of George Floyd renewed earlier calls to rename the school and residential college named for Woodrow Wilson 1879 and this time, the calls succeeded. The campus discussion continued with letters and petitions requesting among other things anti-racism programming, curricular changes, and oversight of racist behaviors and research, opening a debate on how the University can promote both racial justice and academic freedom.

When it comes to campus research and speech, whats permissible, and how do we draw the line? PAW brought together three professors Princetons Carolyn Rouse (anthropology) and Paul Starr (sociology) and Harvard Law Schools Randall Kennedy 77 for a Zoom conversation in July to discuss the roles of the University in advocating for social justice and in fostering free inquiry. You can read an account of the candid conversation on page 30.

PAW intended to be a forum for alumni to communicate with the University and with each other traditionally has taken an expansive view of speech, its editors believing that readers respond to ideas they find insulting or offensive with ... better ideas. Longtime readers of PAWs letters section surely have gasped at some of the missives published in our pages over the years. Today, for example, letters opposing coeducation in the 1960s seem comical but in their time, they werent funny. These days its often letters relating to race that give us pause.

The Universitys fundamental commitment is to the principle that debate or deliberation may not be suppressed because the ideas put forth are thought by some or even by most members of the University community to be offensive, unwise, immoral, or wrong-headed, says a statement adopted by the faculty in 2015. It is for the individual members of the University community, not for the University as an institution, to make those judgments for themselves, and to act on those judgments not by seeking to suppress speech, but by openly and vigorously contesting the ideas that they oppose. President Eisgruber 83 wrote in The Daily Princetonian in July that many people mistakenly treat free speech and inclusivity as competing values, but universities must remain devoted to both.

What this means in real life is difficult to define. Over the summer, PAW board members had a spirited discussion about our letters to the editor. In general, we wont print letters that we deem to be threatening, uncivil, or personal attacks, or letters that we know to be factually incorrect. Some readers think we dont apply those standards enough; others believe we use them to exclude unpopular views. In light of the national focus on racial justice, should we have new standards on whats appropriate for publication? At the end of the board discussion, we agreed that while some might want us to be more restrictive in our selection of letters, it would be hard, or impossible, to come up with rules that clarify exactly whats over the line.

We look forward to hearing your thoughts on PAW letters and including them in a robust (and civil) collection in our pages and online.

This year, PAW will publish 11 issues: monthly from September through July. Meanwhile, we are boosting our coverage atpaw.princeton.edu,so you can read Princeton news when its current. (Subscribe to email updates atpaw.princeton.edu/email.) Our commitment to print remains strong. But as I wrote in January, many alumni classes have found it difficult to fund their share of PAWs budget, and the pandemic has added to PAWs financial pressures. We believe that the new schedule will allow us to maintain and even strengthen the quality of our print magazine.

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From the Editor: The Lines Around Free Speech - Princeton Alumni Weekly

Excessive regulation can impact free speech, warns Facebooks Oversight Board member – BusinessLine

Excessive social media regulation can negatively impact the freedom of speech, according to Helle Thorning-Schmidt, former Prime Minister of Denmark and a member of Facebooks Oversight Board.

According to a CNBC report, Thorning-Schmidt warned against the infringement of free speech owing to aggressive social media regulation. She cited an example of an internet shutdown that had happened in Belarus last month after the countrys election results.

If regulation gets too heavy, it actually will impact freedom of speech very heavily, she told CNBC. I believe in regulation, I believe that politics has to play a role.

Thorning-Schmidt is one of four co-chairs of the independent regulatory body set up by Facebook.

Facebook had announced the setting up of its Oversight Board with 20 members from across the globe, back in May. The board is yet to become operational. In an emailed statement the board said that it was working hard to become operational and expects to begin to hear cases in the coming months.

The Oversight Board, which is comprised of independent expert members from around the world, is empowered to make binding and independent decisions on many of the most challenging content issues on Facebook and Instagram, it said.

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Excessive regulation can impact free speech, warns Facebooks Oversight Board member - BusinessLine

Why the Hindu Right, Not Usually a Champion of Free Speech, Is Supporting Charlie Hebdo – The Wire

New Delhi: The French satirical magazine Charlie Hebdos decision to republish the controversial cartoons depicting Prophet Mohammad has been criticised for being offensive and supported as a freedom of expression issue in equal measure. Among those it has clearly enthused are Hindu right groups in India, not particularly known for being great votaries of free speech. But the magazines somewhat radical stance has provided these groups yet another opportunity to further their hate campaign against the Muslim community. Additionally, it is another chance to take a dig at Indian secularism.

The republishing of the cartoons have yet again sparked off global discussions on free speech and blasphemy. Charlie Hebdo, known for its provocative and irreverent content, decided to republish the controversial cartoons on Tuesday, a day ahead of the first trial for the 2015 terrorist attacks against the magazine which had come in the wake of the original publication.

Five years ago, on January 7, 2015, Said and Cherif Kouachi, French nationals of Algerian origin stormed its Paris offices with Kalashnikov assault rifles, grenades and pistols, killed 12 people and injured at least 11. Among those killed were many celebrated cartoonists of France, including the then-editor Stphane Charbonnier, the satirical caricaturist widely known as Charb. Later, the Yemen-based Al-Qaida on the Arabian Peninsula, also known as Ansar al-Sharia, claimed responsibility for the attacks. The cartoon even then had sparked off an intense debate about the publication.

The trial, which will continue for the next few months at a Paris court, will hear the case of 14 people who have been accused of providing logistical support to the Kouachi brothers who carried out the attacks but were later killed in a police encounter in the outskirts of French capital city.

Also Read: Five Years on From the Charlie Hebdo Attack, Je Suis Charlie Rings Hollow

The controversial cartoons have divided the world multiple times

While the magazine itself said that its decision to republish the provocative cartoons was an act of defiance, many political commentators also believe its action may reignite old wounds and spark yet another political row.

While republishing the cartoons, Laurent Riss Sourisseau, the publishing director who was also injured in the 2015 attack, wrote, We will never give up. The hatred that struck us is still there and, since 2015, it has taken the time to mutate, to change its appearance, to go unnoticed and to quietly continue its ruthless crusade.

He further said that if the magazine does not republish the cartoons, it would only be because of political or journalistic cowardice.

However, many commentators feel that the cartoons, 12 of which were originally published in 2005 by the Danish newspaper Jyllands-Posten on September 30, 2005, and later reprinted by Charlie Hebdo the following year, were poor in taste. They showed Prophet Mohammad as an accomplice in terrorism. Even in 2005, the cartoons had set off large-scale protests in many Muslim-majority countries. While Jyllands-Posten claimed that it had published the cartoons to take a dig on the culture of fear and self-censorship within the Danish media, political commentators felt that the cartoons perpetuate a particular militant stereotype about Muslims, especially when many innocent Muslims were bearing the brunt of global Islamophobia.

The matter only blew out of proportion when the Danish newspaper boastfully contended that the cartoons depicted the superiority of western culture over other barbaric societies.

Although protests and condemnations by many groups forced Jyllands-Posten to apologise later (the editor-in-chief of the Danish magazine said the cartoons had caused serious misunderstandings), every time the cartoons were re-published from 2005 to 2015, it sparked off global debates that invariably pitched advocates of free speech against their peers who were also equally critical of Islamophobia and blasphemous depiction of Islamic symbols in media.

The massacre in the offices of Charlie Hebdo five years ago further aggravated these fault lines, especially against the backdrop of majoritarian political forces continuously asserting themselves in many countries.

Police secure an entrance at the courthouse for the opening of the trial of the January 2015 Paris attacks against Charlie Hebdo satirical weekly, a policewoman in Montrouge and the Hyper Cacher kosher supermarket, in Paris, France, Steptember 2, 2020. The trial will take place from September 2 to November 10. Photo: Reuters/Christian Hartmann

The Hindu rights push

The Hindu right, which has consolidated itself on anti-Muslim propaganda in India, has latched on to the republishing as a cause to further their own agenda. While right-wing commentators on social media supported Charlie Hebdo wholeheartedly, pro-Hindutva websites also made it a point to highlight the development as a matter of freedom of expression. The RSSs mouthpiece Organiser which hardly reports on international issues carried an extensive report on Charlie Hebdos decision to republish the provocative cartoons, and focussed on the terrorist attack on it in 2015 in an attempt to vilify Indian Muslims.

However, the Hindu right wings own prominent and less than edifying role over the last two decades in suppressing free expression in the fields of art and literature in India has invited universal criticism.

A few significant instances in which Hindutva groups have resorted to violence and vandalism in trying to silence artists and authors can be cited in this regard, which will illustrate the double-standards of this sudden, new love for freedom of expression, especially in matters concerning religion.

In 2014, Hindu nationalists built pressure on Penguin publishers through violence protests to withdraw internationally-acclaimed author Wendi Donigers book The Hindus: An Alternative History from circulation in India. The Hindu group Shiksha Bachao Andolan Samiti (SBAS) went a step ahead to accuse the University of Chicago professor of hurting the religious feelings of millions of Hindus in a lawsuit that claimed that Dongers book was a deliberate and malicious act intended to outrage religious feelings by insulting Hindus and their religious beliefs. Penguin eventually removed the book from circulation in India and decided to pulp its unsold copies in an out-of-court settlement with the Hindutva group.

A protest against Wendy Donigers book. Photo: hindujagruti.org

Similarly, persistent lawsuits by the SBAS and violent protests by the RSS-affiliated Akhil Bharatiya Vidyarthi Parishad (ABVP) since 2008 finally forced Delhi University to drop the eminent literary scholar A.K. Ramanujans essay Three Hundred Ramayanas: Five examples and three thoughts on translation from the reading list of an undergraduate course in history in 2011. In this case, the Sangh parivar thought that the essay sought to transcend not merely geographical but also religious boundaries. For the Hindutva forces, which like to believe that epics like Ramayana and Mahabharata could be read only as standardised texts within an uniform Hindu faith and tradition, the essay became a natural ideological issue to be contested.

The ABVP first launched a violent protest against the essay in 2008 when it vandalised the office of S.Z.H Jafri, the then head of history department at the Delhi University, when its representatives came to submit a memorandum against what it believed was a blashphemous essay.

ABVP activists at a protest. Photo: PTI

Speaking to Organiser, petitioner and SBAS functionary Dina Nath Batra had said soon after the university purged the essay, It was a conspiracy hatched on the part of Christian Missionaries and their fellow travellers to demean our gods and goddesses. It has been thrashed. We have decided to honour all those who raised their voice against the insult of our gods and goddesses in the university itselfAll these people will be mobilised so that they could keep a close watch over the university syllabus.

In almost similar set of events, the Mumbai University too withdrew Rohinton Mistrys novel Such a Long Journey, which was shortlisted for the Booker Prize in 1991) from its syllabus after the far-right Shiv Sena protested against what it believed were derogatory references to its party members.

The then Shiv Sena chief Bal Thackeray had similarly threatened to burn James W. Laines Shivaji: Hindu King in Islamic India when the Bombay high court decided to lift a ban on it in 2011. The party felt that it portrayed Shivaji, who is considered Maharashtras greatest icon, in poor light.

The BJP-led Gujarat government, too, in 2001 banned Pulitzer Prize-winning author Joseph Lelyvelds Great Soul: Mahatma Gandhi and His Struggle With India after Hindutva forces objected to implications that Gandhis relationship with a German man was homosexual in nature.

Time and again, Hindutva forces have mounted pressure on governments and authorities to ban texts which did not go down well with their political posturing.

Hindutva: An artists nightmare

In the field of art too, these forces have been even less tolerant.

It goes back to 2007 when a Hindutva mob, instigated by one Raghu Vyas, a painter and a RSS member, and a fringe group called Hindu Janajagruti Samiti, attacked legendary painter M.F. Husains exhibitions at the India International Centre, New Delhi and in London. Husain was already facing at least seven lawsuits for allegedly causing offence to Hindu sensibilities in his works and was living in a forced exile, shuttling between Dubai and London.

The next August, a dozen Hindu fanatics from the little-known extremist group called Sri Ram Sena vandalised yet another exhibition that showcased reproductions of Husains paintings in the lawns of Vithalbhai Patel House in the national capital.

Work of M.F. Husain damaged by Hindutva groups. Photo: PTI

In May 2007, on the complaint of Bajrang Dal and Vishwa Hindu Parishad activists, the Gujarat police arrested an art student Chandramohan in M.S University, Vadodara, for exhibiting paintings of religious figures with anatomical details for his coursework assessment. Although no faculty members objected to it, the Hindutva activists who werent a part of the university raised a hue and cry over the paintings, and threatened the university authorities to remain silent. His struggle for justice still continues.

In 2013, an art gallery in Ahmedabad, Amdavad-ni-Gufa, showcasing works by Pakistani artists was vandalised by the VHP whose activists tore the works and ransacked furniture at the gallery. Speaking to the press, VHP Gujarat unit general secretary Ranchhod Bharvad said, How can paintings of Pakistani artists be allowed to be on display here when that country is beheading and killing our soldiers, waging a proxy war.

There are several such examples in which the Hindutva brigade have shown intolerance towards a work of art or literature. In all these episodes, they have bafflingly contended that the Hindu religious sentiments were hurt and that the art or text were malicious attempts by artists and authors to defame Hindu religion. Strangely, apart from the Hindutva groups, there was no such resistance to these creative works from the larger Hindu population.

Also Read: As the Gujarat Model Goes National, Hindutva Hunts for the Enemy in Our Midst

Politics of hurt sentiments

The Charlie Hebdo episode became a rallying point for the Jes Suis Charlie cry in the aftermath of the terrorist attack on the magazines offices. Although the cartoons were rightly criticised as an attempt to assert western hegemony over others and questions were raised over their intent, it has gradually become clear over the last few decades that fundamentalists in every religion have often tried to mobilise opinion through what can be called politics of hurt sentiments. More often than not, these attacks are meant to target who the fundamentalists think of as an inside enemy.

Flowers and candles are seen outside the satirical newspaper Charlie Hebdos former office on the the fifth anniversary of the attack and a siege at a Kosher supermarket which killed 17 people in Paris, January 7, 2020. Photo: Reuters/Gonzalo Fuentes

Eminent political scientist Aijaz Ahmed has attempted to theorise these phenomena by making quite discernible linkages between such fascist trends and the growth of free market capitalism. He argues that free market capitalism has succeeded in delinking nationalisms from its historical roots, Indian nationalism being one of the crucial examples.

Politics of liberalisation, he says, has created an ideological vacuum. It can only succeed if Indian nationalism can be detached from its anti-colonial origins and redefined in culturalist, irrationalist, racist terms, so that the national energies are expanded not on resistance against imperialism but on suppression of the supposed enemy within: the denominational minority, the communist Left, the pseudo-secularist, any and all oppositions to tradition as defined by Hindutva. In this context, Hindutva and liberalisation in this context are not only reconcilable but also complementary.

At the same time, free market capitalism, as art historian Geeta Kapur argues, has transformed creative work. She says that the cultural fall out of global capitalism has cancelled the very concept of avant-garde. Artistic movements like the Mexican mural, Fluxus, Arte Povera, or Dadaism engaged people in anti-war and anti-imperialist sentiments, and from these movements a radical idea of free speech emerged, one that challenged, and resisted, the status quo.

She says much of that changed in India and elsewhere because of liberalisation which ushered in capitalist ethos. Citing the Indian example, she had told this correspondent a few years ago, The 1990s saw the transition of an artist from a citizen to an interlocutor in the changed public discourse. The operational term in art shifted from creativity to production. Indian artists broke off their pact with progressive nationalism and functioned according to the needs of the market.

Against this backdrop, Kapur believes that the idea of free expression within the realm of contemporary art functions in a vacuum, and becomes susceptible to getting played at the hands of political forces with vested interests.

The renewed ecosystem in the artistic world that Kapur talks about legitimises Jyllands-Postens controversial cartoons as an exercise in free speech, while discounting entirely the havoc the cartoons may precipitate globally.

The divided responses that Charlie Hebdos decision to republish the cartoons has drawn, perhaps, is a result of the very ideological vacuum in the political and cultural spheres that Ahmed and Kapur talk about. The Hindutva groups in India, and other majoritarian forces across the world, otherwise no particular warriors for free speech, have seen an opportunity to use this for their own communal ends.

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Why the Hindu Right, Not Usually a Champion of Free Speech, Is Supporting Charlie Hebdo - The Wire

Mayor Peduto Says Protesters Will Be Arrested If There Is Continual Denial Of Law – CBS Pittsburgh

By: KDKA-TV News Staff

PITTSBURGH (KDKA) Mayor Bill Peduto gave a stern warning to protesters after some gathered outside his house Saturday night.

Tonight at my home private property. The 1st Amendment doesnt protect you to close down streets, without a permit. Yes, we have granted extra rights to assure free speech. But, continual denial of law, will end up in arrests. Actions have consequences, Peduto said in a tweet early Sunday morning.

Demonstrations started in downtown Pittsburgh Saturday afternoon, outside the Gateway T station. Civil Saturday Protesters then made their way to the Allegheny County Courthouse and called for police reform.

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Protesters within the last few weeks have been holding demonstrations outside of Pedutos home in Point Breeze, and this is not the first time Peduto has been vocal about his opposition to how protesters have gathered outside his residence. In an official statement on August 19, Peduto said that he would not accept any actions that would threaten the safety of Pittsburgh residents after demonstrators stayed outside Pedutos house for more than 10 hours the night of August 18 leading into the morning of August 19.

This crosses a line that cannot be allowed to continue, causing those committing crimes against residents to face possible legal consequences for their actions, Peduto said on August 19.

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Mayor Peduto Says Protesters Will Be Arrested If There Is Continual Denial Of Law - CBS Pittsburgh

Letters: Paying the price for the invaluable right of free speech – Telegraph.co.uk

SIR Mr Punch, a figure of colonial violence (White people were creators of racism, says chief librarian, report, August 30)? What a nonsensical aspersion on the cheeky chap voted an icon of England in a 2006 poll.

That white, Victorian patriarch, CharlesDickens whose works can still, Im sure, be consulted in the British Library wrote in a letter in 1849: The street Punch is one of those extravagant reliefs from the realities of life which would lose its hold upon the people if it were made moral and instructive. I regard it as quite harmless in its influence.

The Victoria & Albert Museums website is to be congratulated for its dispassionate and informative history of Punch and Judy, including references to the Punch and Judy College of Professors and to Punch and Judy showmen (swatchel omis).

Thats the way to do it!

Duncan McAraBishopbriggs, East Dunbartonshire

SIR I was particularly surprised that a bust of the botanist Sir Joseph Banks has been singled out for posthumous accusation.

At the request of Banks (asEndeavours chief botanist), Captain James Cook took a racially diverse team of civilian scientists with him on the Endeavour. They included George Dorlton and Thomas Richmond.

In Tahiti, Banks forged a great friendship with Tupaia, who joined the Endeavour as an honoured guest. Tupaia was a polymath who was greatly respected by Banks and Cook and was skilled in geography, meteorology, navigation and other indigenous arts. Without his help the Endeavour mightnot have returned to Britain. Sadly, he perished in Batavia (now Jakarta) and his death deeply upset Banks. Another Tahitian, Omai, travelled to England and was taken around the country by Banks. While he was in England, Omai was feted by society. He was introduced to King George III and taken to the state opening of Parliament before returning to Tahiti.

Far from plundering, Sir Joseph Banks introduced useful plants and sources of food around the world, including pigs to the indigenous people of New Zealand and breadfruit to the Caribbean and central and southern America (where it is now a staple food).

James HughesTewkesbury, Gloucestershire

SIR The cultural revisionists now on the attack are iconoclasts destructive, not constructive. They are giddy on their own virtue and power, though often plain wrong in how they select their targets; they are in the process of upsetting large numbers of people, and act at no real cost to themselves all while achieving nothing of any substance for the victims they claim to be helping.

Mark BaleOxford

SIR Rather than fixate on our history, surely we should be using our intellectual, economic and political influence to address the many current, gross obscenities of our modern world.

Examples include the persecution of Uighurs in China; the persecution of Christians, Yazidi and Shia in Iraq and Syria; the worldwide trafficking of young girls; the lack of civil rights for citizens of Saudi Arabia, Russia, Venezuela, the Yemen and beyond; and the plight of Myanmar's Rohingya.

Denise BackhouseWoking, Surrey

SIR Andrew Smith (Letters, August 30) should study the positive impact of Ebbsfleet International station to reassure him that the proposed new station in Thanet will bring benefits.

It is likely to remove commuter traffic from the towns, speeding up journey times for commuters and for those travelling locally. These benefits will also be experienced by many living outside of Thanet.

Edward ChurchFaversham, Kent

SIR The current economic situation is vastly different from the position in February 2020, when Boris Johnson decided to press ahead with the HS2 rail project. Any money saved from its cancellation should be diverted towards providing additional capacity in hospitals and schools.

Susan HopcraftWarwick

SIR KL Parsons (Letters, August 30) voices concern for the future of small retail outlets that rely on office workers for their income if everyone is working from home.

My concern is also for those office workers when employers realise that, thanks to modern communications, home could easily be in India.

Terry LloydDerby

SIR Journalists and some others may find working from home satisfactory but there are good reasons why most workers outside manufacturing, construction, services and similar occupations are gathered together in offices. Trainees learn from working with and observing their superiors.

More telephone lines are available; colleagues can take a call and hold it while you are already on two, and if the job involves markets then much can be learnt simply from the activity (or otherwise) of other people in the room.

Civil servants need to be in their departments for the short chat next door, as well as for the short-notice official meeting and not least for the Minister [or permanent-secretary], can I come and see you for five minutes? moments.

Stephen GarnerColchester, Essex

SIR Professor Phil Turner, one of the countrys leading orthopaedic surgeons, describes the impact on patients as hip and knee replacements have been postponed over the last five months (report, August 30).

End-stage arthritis is not adequately treated with painkillers; indeed, prolonged opiate use is neither effective nor good for the patient. Thus, it is imperative that the prolonged waiting times for arthritis surgery be addressed. However, while waiting for surgery, overweight and obese patients should take the opportunity to reduce their pain by losing weight.

Clinical trial evidence from Denmark shows that overweight and obese people with knee osteoarthritis can lose about 10kg of body weight (one and a half stone) using total diet replacement formula diets and maintain that weight loss, with a large reduction in symptom scores especially for pain. Reduction in knee pain improves sleep quality and makes movement easier. We have seen patients able to play with their grandchildren again and get back on their bicycles to cycle around Copenhagen.

In Denmark we have demonstrated that weight loss before knee replacement surgery is feasible. In Britain, a feasibility trial which combined weight loss with analgesia, insoles, and exercise is under analysis. This type of dietary intervention is already in use in Scotland and in an NHS England trial for diabetes remission.

Dr Anthony LeedsSenior FellowProfessor Henning BliddalDirector, Parker Arthritis InstituteCopenhagen, DenmarkProfessor Hamish SimpsonConsultant Orthopaedic Surgeon, University of Edinburgh

SIR Customer service, which has been in its death throes for as long as I can remember, has finally been sent to the madhouse by Covid-19 (Letters, August 30).

Telling us that our call is valuable, or will be answered shortly, is no consolation when struggling through five futile attempts to make contact by telephone, totaling 100 minutes of wasted time.

No email address was available, so I wrote a letter, to which there was no reply. When my call was finally answered, I was told somewhat sheepishly that the company did not like letters. Ironically, when wanting my business, the same company had sent me a letter.

Kathleen DickHarrogate, West Yorkshire

SIR Like Zoe Strimpel (Features, August 30), I feel sorry fornice people called Karen whose name has made them objects of derision for being domineering and unwoke.

The same thing happened to those unlucky enough to be called Kevin about 20 years ago, when the name was deemed typical of an uncouth youth.

Fiona WildCheltenham, Gloucestershire

We accept letters by post, fax and email only. Please include name, address, work and home telephone numbers. ADDRESS: 111 Buckingham Palace Road, London, SW1W 0DT FAX: 020 7931 2878 EMAIL: stletters@telegraph.co.uk FOLLOW: Telegraph Letters on Twitter @LettersDesk

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Letters: Paying the price for the invaluable right of free speech - Telegraph.co.uk

Should the fight against the virus mean sacrificing free speech? – The Age

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Assistant Commissioner Luke Cornelius speaks to the social-distancing media pack to say people promoting proposed anti-lockdown demonstrations are in breach of emergency laws and will be locked up.

The tinfoil hat-wearing brigade are alive and well in our community. They're taking every opportunity to leverage the current situation to serve their own ridiculous notions about so-called sovereign citizens, about constitutional issues and about how 5G is going to kill your grandkids," he said.

Its batshit crazy nonsense.

A quick check of the Victorian Crimes Act (1958) indicates being batshit crazy is not a criminal offence not for bats, or people wearing tin hats, or even people who think they are bats.

And the trouble with the tinfoil hat-wearing brigade is they actually do not believe their striking headwear is in any way unusual.

Indeed, such statements may only encourage the deluded into direct action.

The very experienced and very wise former Senior Sergeant John The Pope Morrish would instruct his younger troops, Always please and never tease a fool.

Senior police have issued instructions to take a firm line with Corona Roamers. They will charge those who incite disobedience and those who want to film their own conspiracy rants as a Facebook version of the Gettysburg Address.

Cops wont argue the toss. Take it up with the courts, they say. When police collared the Conspiracy Karens we collectively cheered. But it can only take one case to tip the balance.

Pregnant women Zoe Lee Buhler is arrested in her pink flannelette pyjamas by mask wearing police for apparently promoting a planned anti-lockdown rally. She is charged with incitement and later bailed.

As is the modern way, when police arrive at her Ballarat home with a search warrant she goes for her phone, not to ring a lawyer, but to record the moment.

The police inform her of her rights then handcuff her hands behind her back. She and her partner react with shock while remaining conciliatory and courteous.

The police do not engage or negotiate. Her partner says she will take the post down. She obviously is unaware she has broken any rules. The police, quite calmly it should be said, explain they have a search warrant and she will be arrested.

By the letter of the law they are right. Luke Cornelius later goes into bat for them. But do we want PJ-wearing mums cuffed in their own homes for dumb social media posts?

A few people saw her call to arms. Millions have seen the subsequent arrest and her pyjama-clad arms being locked in handcuffs.

Rather than deter, it encourages the anti-lockdown brigade and makes the police look very close to oppressors for enforcing the new-normal laws. Expect a run on tinfoil at the supermarkets.

In the UK, experts told the government a COVID lockdown would last six weeks before people started to rebel.

In the last two weeks police here have seen a spike in people trying to beat curfews or just being a little bit batshit crazy.

The government, the experts and the anti-tinfoilers have all called for sacrifices for the health of all of us and our long-term economic recovery. But does that necessarily include free speech?

John Silvester is senior crime reporter.

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Should the fight against the virus mean sacrificing free speech? - The Age