Category Archives: First Amendment

The case of a Pennsylvania teacher fired because of blog posts that criticized her own students has taken an interesting turn, as her lawyers claim viral Internet and television interest in the story protect her First Amendment rights.

The teacher, Philadelphias National Constitution Center is the first and only nonprofit, nonpartisan institution devoted to the most powerful vision of freedom ever expressed: the U.S. Constitution. Constitution Daily, the Centers blog, offers smart commentary and conversation about constitutional issues in the news, drawing insights from Americas history and a variety of expert contributors., caused a quite a stir back in 2011 and became a national media figure. Munroe lost her job at a suburban Philadelphia public high school after writing a series of blog posts that called her students jerks, rat like and whiny, among other things.

Monroes attorneys filed a civil suit against the Central Bucks school district in 2012, seeking $5 million in damages. In late July 2014, a federal district court judge in Philadelphia ruled against Munroe. But her attorneys have appealed.

Third District Judge Cynthia M. Rufe only decided one of two questions presented in the lawsuit. Rufe said Munroes statements werent protected by the First Amendment under a test established in two Supreme Court cases, so she didnt need to decide if the statements directly caused her termination.

In 1968 in a Supreme Court decision calledPickering v. Board of Educationand a later decision from 2006,Garcetti v. Ceballos, a balancing test was set by the Court about public employee statements and the First Amendment.

Commonly known as the Pickering test, a plaintiff such as Munroe must prove that her First Amendment interests as a public employee, and also as a citizen, in commenting on matters of public concern outweigh her public employers need to promote efficient public services.

Judge Rufe found that in this case, Munroes speech, in both effect and tone, was sufficiently disruptive so as to diminish any legitimate interest in its expression, and thus her [First Amendment] expression was not protected.

Rufe stated that, although Munroe may have occasionally written as a private citizen on matters of public concern, she chose to do so in an opprobrious tone that was likely to generate a strong reaction from anyone connected with the school who read it.

Originally posted here:
Do viral stories protect our 1st Amendment freedoms?

December 8, 2014 at 2:44 PM

Nyland earns quick support across Seattle school system: In four months, interim Seattle superintendent Larry Nyland hasmanaged to earn support from many of the districts key players.The Seattle School Board will vote Wednesday on whether to extend his contact for two more years.

Seven biggest districts pledge to offer computer science (AP): The White House announced Monday that the seven largest school districts in the country are committing to make computer science a standard offering at high schools or middle schools. The College Board also announced a new course calledAP Computer Science Principles will debut in the fall of 2016.

First Amendment dispute over religious expression at Everett school (KUOW): A student at Cascade High School in Everett has filed a federal lawsuit against Everett Public Schools after he was suspended multiple times for passing out religious literature and preaching to other students. The student claims his First Amendment right to free speech was violated; the district said his actions were a significant disruption.

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The opinions expressed in reader comments are those of the author only, and do not reflect the opinions of The Seattle Times.

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Round-up: Nyland earns quick support, First Amendment dispute at Everett school

By Rachel Raczka

Boston.com Staff | 12.08.14 | 9:39 AM

ICYMI the U.S. Supreme Court heard arguments last week about whether or not violent statements posted on social media are proof of intent to harm. And before you hit post on that status update about how Tommy So-and-So in your office is driving you so crazy you could strangle him, listen up.

The case at hand involves an Allentown, Penn., man named Anthony Elonis, who posted violent rants and threats against his estranged wife, schoolchildren, and law enforcement on Facebook in 2010. He was found guilty of making threats and the court sentenced him to 44 months in prison. Elonis appealed to the Supreme Court, where he argued that he didnt actually intend for his words to be threatening.

Words like this:

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If I only knew then what I know now/I would have smothered your ass with a pillow/Dumped your body in the back seat/Dropped you off in Toad Creek and made it look like a rape and murder

Not pretty. But heres the catchElonis claims these were rap lyrics. Rather than a threat, theyre just an expression of creativity and therefore protected by the First Amendment, just as they are for musicians and rappers who have garnered praise and awards for lyrics like these for years. Chief Justice John G. Roberts, Jr. even quoted Eminems 97 Bonnie and Clyde during the debate.

The Supreme Court seems hung up on whether theres a difference in the creative liberties allowed to artists and those allowed to independent individuals. The intent of a statementwhether or not it is meant to incite fear and/or violencehas been paramount in previous cases brought before the justices and the lower courts. Also, in some cases, its more about who the threats are directed atthe military, the President of the United States, your family and peers. Sometimes a test known as the Dinwiddie factors, which gauges the frequency, medium, and reaction to a said threat, is used to determine whether or not its valid.

If the court decides that Eloniss intent was to show off his rap prowess and not to terrify two women and a bunch of children, it would set a problematic precedent, as Justice Samuel A. Alito Jr. notes:

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The Supreme Court Is Tackling Facebook, Rap Lyrics, and the First Amendment

First Amendment Challenge- Carolina Loaisiga
Our Sports Editor, Carolina Loaisiga, was nominated by Multimedia Editor Emmanuel Maresca to do the First Amendment Challenge. The challenge is to recite you...

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First Amendment Challenge- Carolina Loaisiga - Video

First Amendment Challenge- Emmanuel Maresca

By: SGHSTheMatadorOnline

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First Amendment Challenge- Emmanuel Maresca - Video

First Amendment Challenge- Carolina Garcia
Our Opinions Editor, Carolina Garcia, was nominated by Sports Editor Carolina Loaisiga to do the First Amendment Challenge. Little did the nominator know that the nominator will be subject...

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Apparently this Cop has Never Heard of YouTube OR the First Amendment Now He Will
CHARLOTTE COUNTY FLORIDA SHERIFF CORRUPTION https://www.facebook.com/Charlottecountyflcopwatch.

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Apparently this Cop has Never Heard of YouTube OR the First Amendment Now He Will - Video

First Amendment Test
So as I was taking pictures in down town albuquerque I decided to test the Bernalillo County sheriff #39;s with A First Amendment test.

By: Cop-Watch-ABQ

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First Amendment Test - Video

Published December 07, 2014

This photo, provided by FIRE, shows Citrus College student Vincenzo Sinapi-Riddle.

A California community college has settled a lawsuit with a student who claimed it violated his First Amendment rights when an administrator threatened him for collecting petition signatures outside of a small, designated "free speech zone."

Student Vincenzo Sinapi-Riddle, with help from the Foundation for Individual Rights in Education, sued Glendora, Calif., Citrus College after the incident, which occurred on Sept. 17, 2013 - the day designated as "Constitution Day." Sinapi-Riddle was collecting signatures for a petition condemning the federal National Security Agency's domestic surveillance activities. When he left the area for a lunch break and headed to the student center, he and another student discussed the petition, prompting an administrator to intervene, according to FIRE. Claiming that a political discussion could not take place outside of the free speech zone, the unidentified school employee threatened to eject Sinapi-Riddle from campus for violating the policy.

- Greg Lukianoff, FIRE

I feel that free speech and the ability to express oneself freely is a very important right for all students, said Sinapi-Riddle.

After a suit was filed in U.S. District Court for the Central District of California, the school agreed to pay Sinapi-Riddle $110,000 in damages and attorneys' fees, as well as to revise its free speech policies. In a statement, the school noted the settlement figure was far less than the anticipated cost of fighting the lawsuit and defended its policies as in compliance "with a long line of U.S. Supreme Court cases relating to speech activities in public places, including college campuses." But the school affirmed its support for free speech and agreed to change some campus regulations.

"Freedom of expression is crucial in the higher education community, and the District and its Board of Trustees have done much to protect and advance this cherished right," the statement read. "As part of the settlement, the District will be implementing new procedures that will expand its current free speech area to include most open spaces on campus, enhance the Districts co-curricular program by streamlining internal procedures that apply to activities of recognized student clubs and organizations, and help to ensure the safety and security of students involved in such activities."

FIRE President Greg Lukianoff said his group had taken on Citrus College before, and reached a similar agreement, only to have the school go back to the old policy.

"Citrus College agreed to eliminate its restrictive 'free speech zone' in the face of a FIRE lawsuit back in 2003, but later reinstated its speech quarantine when it thought no one was watching," FIRE President Greg Lukianoff said in a statement on the group's website. "But FIRE was watching, and well continue to do so. If the speech codes come back again, so will we."

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FIRST AMENDMENT FIGHT Calif. college settles suit over 'free speech zone'

Democrats Protest Black Conservative Event Smack My Camera
Louisiana Senator Mary Landrieu and her allies prove once again that the Democrats idea of the First Amendment is shouting down conservatives voices, especially black conservatives. I #39;ve...

By: Lee Stranahan

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Democrats Protest Black Conservative Event & Smack My Camera - Video