Category Archives: First Amendment

Zick: Twitter and foreign policy
W M professor of law Timothy Zick, author of "The Cosmopolitan First Amendment," discusses establishment of in-country social networks as a prong of U.S. foreign policy.

By: College of William Mary

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Zick: Twitter and foreign policy - Video

James Foley needed to show people what war looked like.

It was his calling to travel to some of the most dangerous places in the world, camera in tow, so people back home could see the danger, the conflict, the hatred that boiled over daily. ... Subscribe or log in to read more

James Foley needed to show people what war looked like.

It was his calling to travel to some of the most dangerous places in the world, camera in tow, so people back home could see the danger, the conflict, the hatred that boiled over daily.

More than any adrenaline rush, he was drawn to these regions out of his compassion for the poor, the disadvantaged and the innocent in war-torn regions, his parents said.

The more Jim saw, the more he was drawn to it, his mother, Diane Foley, said.

Last night, James Foley was honored with the Nackey S. Loeb First Amendment Award, one of the highest honors for New Hampshire journalists.

Were very honored. I think Jim would have been, his mother said. Jim believed very passionately for freedom of the press. We are very proud of the work he was doing. It is vital to a democracy.

Foley was kidnapped Nov. 22, 2012, in Syria and killed 21 months later, Aug. 19, by Islamic State forces.

His murder was broadcast for the world to see and began to galvanize U.S. efforts to stop terrorists known as ISIS.

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James Foley posthumously receives First Amendment Award

Slain New Hampshire journalist James Foley was honored Wednesday night in Manchester with the Nackey Loeb School of Communications First Amendment Award.

Foley was reporting in Syria in 2012 when he was captured. The terror group ISIS executed Foley in August.

Foleys parents accepted the award on his behalf.

Obviously, were very honored, said Diana Foley, his mother. Jim was very passionate about freedom of the press. Thats why he risked his life to be in Syria. He wanted the world to know about the suffering in Syria.

Nicolas Henin, a French freelance journalist and a fellow cellmate for seven months with James Foley, is visiting the Foleys family and was at the awards ceremony. He said Foley was a humble man who did not seek out the kind of honors he received.

We were about two dozen men held together in a teeny, teeny room, and of course that does not happen without conflict. But James was the one in our group who managed to stay friends with every single one of us, Henin said.

Joe McQuaid, president of the Loeb School, said Foleys work and sacrifice made the choice of naming him the First Amendment winner easy.

This young man had been a teacher and he wanted to do more than teach. He wanted to tell the stories of oppressed people, McQuaid said.

James Foleys parents have established the James W. Foley Legacy Foundation to help support families of hostages. His father said James Foley set an example of caring for his fellow man, and they will strive every day to follow his example.

His courage, his commitment and his compassion challenge us all to make something good out of something that was horrible, said John Foley, his father.

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James Foley honored with First Amendment Award

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TALLAHASSEE (CBSMiami/NSF) The Florida Supreme Court on Thursday unanimously rejected a Republican political consultants efforts to keep his redistricting records private, promising to give the public its first glimpse of documents that helped lead to the states congressional districts being thrown out this summer.

While different justices signed onto two separate opinions about the case, both found that Pat Bainter and his consulting firm, Data Targeting, Inc., waited too long to claim that releasing some of the documents would violate his First Amendment rights.

The documents were requested by voting-rights organizations challenging the states congressional districts.

Writing for five members of the court, Justice Barbara Pariente used unusually harsh language to paint Bainters efforts as part of a months-long stalling tactic as the battle over the congressional map played out in a Leon County court.

We simply do not countenance and will not tolerate actions during litigation that are not forthright and that are designed to delay and obfuscate the discovery process, Pariente wrote.

In the opinion, the court ruled that Bainter tried for months to keep the documents shielded without saying that releasing them would violate his First Amendment rights. Bainter only made that claim after a Leon County judge held Bainter and the company in contempt, Pariente wrote.

By responding to the deposition questions and acknowledging discussions with other political consultants without ever revealing the true nature of those communications or asserting a First Amendment privilege, in conjunction with the failure to timely assert this qualified privilege after the deposition testimony and months of additional hearings, we conclude that Bainter waived his ability to later claim that the documents revealing these communications were privileged on that basis, Pariente wrote.

Joining Pariente in the opinion were Chief Justice Jorge Labarga and Justices R. Fred Lewis, Peggy Quince and James E.C. Perry. In a separate opinion, Justices Ricky Polston and Charles Canady supported the outcome. It was a rare, unified decision from a court that has often splintered on redistricting opinions.

The voting-rights groups, which include the League of Women Voters of Florida, argued that the Republican-dominated Legislature drew congressional districts that violated the anti-gerrymandering Fair Districts constitutional requirements, approved by voters in 2010.

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Supreme Court: Release Redistricting Documents

Michael Baryl, of Tracy Rifle & Pistol, has until February to take down this window display to comply with a Bureau of Firearms order. (Photo: Tracy Rifle and Pistol)

How much is that handgun in the window?

Thats a question Californians cant ask, thanks to a law that states handguns, or even pictures of them, may not be visible from outside of gun stores. Four Golden State gun dealers are challenging the law, saying its their First Amendment right to advertise their wares.

I run one of the most heavily regulated and inspected businesses in existence, but its still illegal for me to show customers that I sell handguns until after they walk in the door, said Michael Baryla, the owner of Tracy Rifle & Pistol. Thats about as silly a law as you could imagine, even here in California.

While most federal lawsuits involving gun rights invoke the Second Amendment, the gun dealers are claiming it is their First Amendment right to freedom of speech that is violated by California Penal Code section 26820. That law, first enacted in 1923, bans gun stores from putting up signs advertising the sale of handguns but not shotguns or rifles.

The First Amendment prevents the government from telling businesses it disfavors that they cant engage in truthful advertising, said Bradley Benbrook, the lead attorney on a legal team that also includes UCLA Law Professor Eugene Volokh.

- Michael Baryla, the owner of Tracy Rifle & Pistol

Controversial goods and services, such as abortion and contraceptives, are clearly protected under the First Amendment, Benbrook added.

The suit was filed Monday in the Eastern District of California, in Sacramento. It names California Attorney General Kamala Harris and Stephen Lindley, who heads the state Department of Justices Bureau of Firearms, as co-defendants.

Tracy Rifle and Pistol, a gun store and firing range in San Joaquin County, was recently cited by state authorities for having pictures of three handguns in window signs that could be seen from outside the store. A photo of an AR-15 rifle in an adjacent window, part of a display ad for which Baryla paid a total of $3,000, did not draw a citation. He has until February to take down the photos.

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Gun dealers sue over law barring window displays

Director Jeff Osborne might not know how the First Amendment works

Nicki Minaj took some well-deserved flak for her recent"Only"lyric videodue to its alleged use of Nazi imagery. To her credit, Minaj issued a convincing and sincere-seeming apology on Twitter earlier today, explaining that although the Nazi connection was uninentional, she took "full responsibility if it has offended anyone," adding that she'd "never condone Nazism in my art."

However, the video's director Jeff Osborne was thoroughly unrepentant in a conversation withMySpace, boldly stating that the imagery really was "all representative of Nazism." We'll let Osborne throw himself under the bus in his own words:

Before I start, be clear that these are my personal views and not the views of Nicki Minaj, Drake, Lil Wayne, Chris Brown, or Young Money.

First,I'm not apologizing for my work, nor will I dodge the immediate question. The flags, armbands, and gas mask (and perhaps my use of symmetry?) areall representative of Nazism.

But a majority of the recognizable models/symbols are American: MQ9 Reaper Drone, F22 Raptor, Sidewinder missile, security cameras, M60, SWAT uniform, General's uniform, the Supreme court, and the Lincoln Memorial. What's also American is the 1stAmendment, which I've unexpectedly succeeded in showing how we willfully squeeze ourselves out of that right every day.

Despite the fact heavy religious and economic themes were glossed over, there's also Russian T-90 tanks, Belgian FN FAL, German mp5 (not manufactured until 1966), an Italian Ferrari, and a Vatican Pope.

As far as an explanation, I think its actually important to remind younger generations of atrocities that occurred in the past as a way to prevent them from happening in the future. And the most effective way of connecting with people today is through social media and pop culture.So if my work is misinterpreted because it's not a sappy tearjerker, sorry I'm not sorry. What else is trending?

If Osborne's words are to be understood, the director apparentlywants people to commemorate the horrific events of Holocaust by watching a music video in which Nicki Minaj boasts about who she has or hasn't slept with. Osborne also seems to lack any sort of understanding of what the First Amendment actually means yes, he's free to make this stupid video, but the rest of the country is also free to give him crap for making such a stupid video. That's the American way, after all.

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Director of Nicki Minaj's 'Only' Video Refuses to Apologize for Nazi Imagery

From our community

Late Tuesday afternoon, Houston City Council candidate Trebor Gordon filed a First Amendment lawsuit challenging a discriminatory Houston ordinance that prevents city candidates from fundraising until February.

Gordon is a conservative candidate for Houston City Council at large. Houston is a great city because of the entrepreneurial culture of its citizens, among other things, Gordon said. But our current leadership has been chipping away at that spirit, overregulating and fleecing the taxpayers with a runaway budget. Im running to restore responsible leadership and let Houstonians run their own lives.

Im also compelled to address the deeply offensive posture Mayor Parker has taken towards people of faith in this city, harassing pastors with abusive subpoenas, Gordon continued. I have to address these issues now, because they are happening now. I cant wait until February to start my campaign.

Gordon will be on the ballot in the citys next general election in November 2015. Currently, section 18-35(a) of the Houston code of ordinances states that candidates may only solicit or receive contributions beginning in February of the election year and ending on March 4 of the year after the election. This provision prohibits fundraising for a full ten months of every two-year cycle, and candidates have only nine months to raise funds before Election Day.

Gordon is represented by political law attorney Jerad Najvar. There is no blackout period banning bad decisions by city officials for a part of every election cycle, Najvar said, and the government has no authority to tell Gordonor any other candidateto wait until February to start campaigning. City officials have access to free media all day long, and my client certainly has the right to fund his campaign and speak to the public. This waiting period serves only to insulate the city from organized opposition.

Najvar continued: The blackout period is facially unconstitutional. But it gets even worse, because people who currently hold non-city office are raising money right now, and everybody knows it will be transferred to their city campaign in February. This whole system is an absurd charade encouraging candidates to act like theyre running for something theyre not. While these shadow campaigns are proceeding aggressively, nonincumbents like Gordon have to sit on their hands. The First Amendment does not permit such nonsense.

The case is Gordon v. City of Houston, No. 14-CV-3146, currently pending in federal court in the Southern District of Texas, Houston Division. Gordon has asked for an immediate injunction, and is awaiting a hearing date from the court.

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Houston City Council candidate Trebor Gordon files First Amendment challenge to campaign blackout period

Bethlehem

A federal jury found that the Bethlehem police chief retaliated against an outspoken patrolman, but determined that the disciplinary action would have happened anyway.

The verdict was a victory for Police Chief Louis Corsi and the town. The chief and town were found not liable and face no punitive penalties.

Former Patrolman Christopher A. Hughes sued Corsi and the town in a First Amendment retaliation case alleging that Corsi disciplined and suspended Hughes because of public statements he made criticizing the chief and the department.

The jury "found that Chief Corsi would have taken the same action even absent Mr. Hughes protected speech," said Thomas J. O'Connor, an Albany lawyer that represented Corsi and the town. "It is a complete victory for Chief Corsi."

But Hughes' lawyer said the jury's decision is not logical, and plans to ask the judge to set aside the verdict.

"The jury found that the chief of police, acting as a representative of the town of Bethlehem, engaged in retaliation against Christopher Hughes," Sussman said. "The jury also found that the same actions would have been taken whether they were retaliatory or not. It's a bit of a mind stretcher."

Seven jurors decided the case based on evidence they heard over a weeklong trial that ended Friday in the United States District Court. They deliberated for five hours on a series of questions given to them by Chief Judge Gary L. Sharpe.

In order to prove a First Amendment retaliation case, the jury had to find that the disciplinary action was retaliation for protected speech and the action would not have happened in absence of the speech.

"It is a bit puzzling because to say 'yes' to the first question, the jury had to say that retaliatory motivation was a substantial factor," said Sussman, a civil rights lawyer based in Goshen, Orange County.

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Jury finds in favor of Bethlehem police chief

Irving, TX -- Nexstar CEO Perry Sook has been honored as a First Amendment Award winner by The Radio Television Digital News Foundation.

Perry Sook, president and CEO of Nexstar successfully built Nexstar Broadcasting from two dozen stations to more than 100, while building and improving news operations across the ever-expanding group. This award honors professionals in local or network news who work in an off-air, management, largely behind-the-scenes capacity.

Our honorees are true champions of press freedom," said Chris Carl, Chairman of RTDNF. "Each of them have demonstrated outstanding support of the First Amendment through their work and their commitment to excellence." "We are proud to recognize the tireless dedication of this year's recipients, added Mike Cavender, RTDNF Executive Director. From the board room to the courtroom and from the White House Press Room to our living rooms, they embody the values of a free press in our society."

The awards will be presented at a ceremony at the Grand Hyatt, 1000 H Street NW in Washington, DC on Wednesday, March 11, 2015.

Sook was recently inducted into the Broadcasting & Cable Hall of Fame.

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Nexstar CEO Perry Sook Honored with First Amendment Service Award

Something About the Music (Remastered) (feat. First Amendment)
Something About the Music (Remastered) [feat. First Amendment] Be+UpOne First Amendment Auto-generated by YouTube.

By: Various Artists - Topic

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Something About the Music (Remastered) (feat. First Amendment) - Video