Category Archives: First Amendment

TIME U.S. Education University of Maryland Wont Expel Student Who Sent Racist, Sexist Email John GreimLightRocket via Getty Images McKeldin Library and fountain, University of Maryland. Concluded that email was protected by First Amendment, in contrast to other schools dealing with similar incidents

The University of Marylands president has decided not to expel a student for sending an email to his fraternity brothers filled with racist and misogynistic content.

The university learned of the explicit email, sent by a Kappa Sigma fraternity member, in March as it went viral online. The school launched an investigation through the universitys Office of Civil Rights and Sexual Misconduct and the campus and local police, but concluded Wednesday that this private email, while hateful and reprehensible, did not violate University policies and is protected by the First Amendment.

The response stands in contrast to how some other universities have handled recent, high profile incidents involving fraternity members and racist and sexist speech. The University of Oklahoma quickly expelled two students in March who were shown in a viral video of a group of SAE fraternity members singing a racist chant on a chartered bus. A few days later, a fraternity chapter at Pennsylvania State University was suspended after members allegedly operated a Facebook page collecting pictures of nude, unconscious women.

But the University of Maryland has taken a slightly different approach, focusing on rehabilitation and education in dealing with a somewhat similar situation. On Wednesday, university president Wallace D. Loh sent a note to the campus community explaining the results of the investigation and the decision not to expel. Quoting Martin Luther King and Mahatma Gandhi, he urged students who were harmed by the hateful speech to think in terms of restorative justice rather than legal justice.

When any one of us is harmed by the hateful speech of another, all of us are harmed, Loh wrote. We repair the harm to our community, in part, by restoring the wrongdoer as a responsible member of society. I appeal to the better angels of our nature and ask all members of our University community to join me in forgiving him in our hearts, not for his sake, but for our own.

The student will not return to campus this semester, and will perform community service as well as participate in individualized training in diversity and cultural competence. In an apology released by the university, the student wrote: Im committed to being a better person, a person that appreciates differences.

The University of Oklahoma came under fire from civil liberties advocates after its March expulsions, who said they had violated the free speech rights of the students. Federal law prohibits schools from failing to address behavior serious enough to create a hostile environment for a member of a protected class, such as a woman or a minority student.

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University of Maryland Wont Expel Student Who Sent Racist, Sexist Email

MILLER PLACE, N.Y. (CBSNewYork) A Long Island teen claims his First Amendment rights were violated when he was punished by school administrators for a line he ad-libbed during the schools variety show.

Kyle Vetrano, the student body president of Miller Place High School, plans to sue the school district.

On March 26, during the first of two performances, Vetrano ad-libbed one line in a skit aboutthe schools new policy restricting bathroom use to one student at a time, according to attorney John Ray.

He merely said Is this what our superintendent gets paid all that money for, to write bathroom policy? Ray said, adding that the annual show traditionally pokes fun at teachers and school policies.

Vetrano was then excluded from the variety show weekend and school property, Ray said. He was also threatened by school officials that his senior year would be curtailed and ruined.

Vetrano has been vocal about the situation on Twitter.

Chanting free Kyle and free speech, dozens of students and parents rallied in support of Vetrano on Thursday afternoon, 1010 WINS Mona Rivera reported.

I was singled out, I was attacked, and I just have one question for the district:Why?' Vetrano said.

I ad-libbed and improvised a joke that had absolutely no mal-intent behind it, Vetrano added. It was completely humorous and satirical in nature, and because of that, I am being violated and embarrassed by my own school district that I have been a resident of my entire life. I feel personally bullied by the district, and I think I have a right to speak my mind. I dont think this is acceptable in the country that we live in.

Superintendent of Schools Marianne F. Higuera explained that skits must be submitted in writing and approved before the show and a person whose name is being used in a skit, either directly or implied, must give prior permission.

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L.I. Students Bathroom Joke Prompts First Amendment Fight

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
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

In 2007, the agency closed the canyon, once inhabited by Anasazi communities, following the discovery that unauthorized trail construction had damaged archaeological sites.

In separate motions, Lyman and two of his co-defendants, blogger Monte Wells and Shane Marian, sought to dismiss misdemeanor charges arising from the May 10 event, while Franklin Holliday did not participate.

Lyman's attorney Jared Stubbs argued federal prosecutors failed to adequately outline the alleged conspiracy, which entailed extensive media coverage promoting the illegal ride.

But Shelby found the basis of charges to be plainly obvious.

"The allegation is the four of you conspired to illegally ride in the canyon and then you went and did it," he said.

bmaffly@sltrib.com

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Lyman not protected by First Amendment in Recapture Canyon protest ride, judge says

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

Burt Neuborne - Recovering Madison #39;s Music: Toward a Democracy-Friendly First Amendment
The current Supreme Court majority reads the First Amendment as if James Madison threw a pot of ink at the wall and allowed the splatter to dictate the order and placement of the provisions...

By: Berkeley Law

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Burt Neuborne - Recovering Madison's Music: Toward a Democracy-Friendly First Amendment - Video

Madison #39;s Music: On Reading the First Amendment by Burt Neuborne PDF Download
You can download this book in PDF version for FREE at http://bit.ly/1EDpo1A.

By: Dudut Berhasil

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Madison's Music: On Reading the First Amendment by Burt Neuborne PDF Download - Video

The Louisiana American Civil Liberties Union says the principal at Walnut Hill Elementary and Middle School violated students First Amendment rights when he sent a letter to parents urging them to pray.

Principal Albert Hardison sent out a March newsletter to parents asking them to pray for students before they took their LEAP and PARCC tests.

Hardison also quoted a Bible verse from Phillipians 4:13 that says "I can do all things through Christ who strengthens me."

The First Amendment of the Constitution forbids school-sponsored prayer and says that public school employees can not use their position to impose their personal beliefs on students.

The Louisiana ACLU says Hardison clearly violated his students First Amendment rights.

The Caddo Parish School Board released the following statement:

Caddo Parish Public Schools has commenced an internal investigation into an open letter sent by the American Civil Liberties Union of Louisiana. The district will certainly look into it and make certain there is no violation. In this instance, questionable materials subsequently have been removed from district webpages while the investigation continues. If there is a violation, we will make certain we act swiftly to ensure we do not have any further violations. Caddo Parish Public Schools works to ensure no constitutional rights are violated at any school. We take concerns and complaints seriously and make sure to follow the law.

At the same time, the district remains committed to protecting student freedoms. This includes their abilities tolead and participate in prayer and other religious activities, and we will equally continue to work to ensure student freedoms are not inhibited. Staff training will be scheduled in the coming weeks to refresh staff members regarding constitutional freedoms as well as limitations.

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ACLU accuses local school of violating students First Amendment rights

New details about what led to the arrest of Arturo Navarrete-Portillo in his wifes death Carbondales first homicide in 12 years will be made public perhaps as soon as Wednesday, Garfield County District Court Judge James Boyd decided Tuesday in weighing the First Amendment, which guarantees freedom of speech and the press, and the Sixth, which guarantees a fair trial.

Authorities say Navarrete-Portillo admitted to killing his wife, Maria Carminda Portillo-Amaya, 30, as he was being flown to Grand Junction for medical treatment after a car accident on Feb. 16. Charged with first-degree murder, he sat quietly in a wheelchair listening by earpiece to a translator as public defenders sought to keep secret the contents of the arrest affidavit in his case. They argued that its disclosure would make it hard to seat an impartial jury, should the case go to trial.

The district attorneys office and the Post Independent argued that upholding the publics right to know what is going on in its courts would not compromise Navarrete-Portillos defense.

The public does have an interest in open courts, which includes ... things that get filed in court, Boyd said from the bench. The defense, he said, had not shown an appropriate basis to keep this arrest warrant sealed.

Because Boyds order was rendered after 5 p.m. at end of a hearing on several motions and because the clerk of the court must review the affidavit for possible redactions, the document is not expected to be available until Wednesday morning at the earliest.

Such affidavits outline the reasons to issue an arrest warrant and usually contain some details of the preliminary investigation.

Its a common practice in Garfield County for judges to keep those documents secret until a suspect has been arrested, ostensibly to avoid interfering with ongoing investigations. Theyre usually unsealed in time for the first court appearance, but Navarrete-Portillos wasnt.

Deputy public defender Elise Myer said the affidavit was sealed by Judge Denise Lynch shortly after the warrant was issued Feb 24. Myer told the court that prosecutors asked that the affidavit remained sealed until authorities investigation was complete.

Myer said the public defenders office, which took over the case March 4 when Navarrete-Portillo was released from protective custody in the hospital and formally arrested, should have time to conduct its own investigation before information in the affidavit was made public.

With the defenses objection itself under seal, Tuesdays hearing was the first time its arguments were aired in a public forum.

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Judge orders documents unsealed in murder case