Category Archives: First Amendment

When there is a decision by the Supreme Court of Nevadathat includes among its plaintiffs Deja Vu Showgirls of Las Vegas, Little Darlings of Las Vegasand Crazy Horse Too Gentlemens Clubwhat could it possible be about? What else but freedom of speech and the First Amendment to the Constitution of the United States? Well, also taxes of course, since Im writing about it here rather than my alternative blog. Among the defendants is the Nevada Department of Taxation.

At issue was the application of the Nevada Live Entertainment Tax to exotic dancing establishments which the various establishments argued

is a differential tax of speakers protected under the First Amendment that triggers strict scrutiny because it discriminates on the basis of the content of taxpayer speech, targets a small group of speakers, and threatens to suppress speech.

If you are curious as to what kind of speeches the Deja Vu Showgirls of Las Vegas give, here is a sample.

About The Tax

The Nevada Live Entertainment Tax is either 5% or 10% depending on the size of the venue. In smaller venues, everything that is sold during the live entertainment is subject to the tax. It gets a little complicated, since it is not always entirely clear whether there is live entertainment going on, as this excerpt from the Revenue Departments FAQ shows:

or fancy serving techniques designed to entertain the patrons are utilized. However, if the bartenders engage in singing, dancing or acrobatics, these activities are likely to be considered live entertainment, just as if any other performer were involved.

Nothing there about how much in the way of clothes the bartenders need to be wearing. Not long after the tax was enacted, the legislature started putting in exceptions. Among them are boxing, baseball and NASCAR.

Entertainment Is Free Speech And Cannot Be Taxed?

The Court disposed of some procedural issues, which are a bit too lawyerly for me to get into, before it got to the heart of the matter. The first argument that that the clubs made was that taxing entertainment is akin to taxing speech, which is unconstitutional. That argument did not get very far. They cited a case in which Jehovahs Witnesses complained about having to pay a flat fee for a permit.

Here is the original post:
Nevada High Court OKs Tax That Hits Strip Clubs, Exempts NASCAR And Boxing

OXFORD, Miss. (PRWEB) September 26, 2014

Charles Overby, a champion of the First Amendment and the free press, has been selected to receive the 2015 Legacy Award from the Ole Miss Women's Council for Philanthropy.

The Legacy Award, presented by C Spire, recognizes individuals who have made significant contributions as philanthropists, leaders and mentors and brought about definitive, positive changes in the University of Mississippi, state and nation. A ceremony to present the award will be April 18, 2015 at Carrier House, Chancellor Dan and Lydia Jones' home on the UM campus, where Overby was educated as a journalist.

"Charles Overby has traveled the globe in efforts to promote First Amendment freedoms and to discuss media relations," said Karen Moore of Nashville, OMWC chair. "In Washington, D.C., Mr. Overby led the development of the Newseum, a major specialty museum that explores how news surrounding historic moments affects our experiences.

"At Ole Miss, he continues to have a significant impact on both students and the general public through the Overby Center for Southern Journalism and Politics. The Overby Center gives individuals an opportunity to come together and discuss major issues of our region, nation and world, while creating a better understanding of media, politics and the First Amendment. The Women's Council believes that discussing issues helps solve them."

Overby is the former chairman of the Freedom Forum, Newseum and Diversity Institute. For 22 years, he was chief executive officer of the Freedom Forum, a nonpartisan foundation that educates people about the press and the First Amendment. His service as CEO of the Newseum spanned 1997 to 2011, during which time he supervised the building of the Newseum on Pennsylvania Avenue in Washington. This interactive museum has been called the "best experience Washington has to offer." He also was CEO of the Diversity Institute, a school created in 2001 to teach journalists and aspiring journalists while increasing diversity in newsrooms.

The Overby Center for Southern Journalism and Politics was established at Ole Miss with a $5.4 million gift from the Freedom Forum to honor Overby's extensive professional contributions. He continues his involvement with Ole Miss students by helping them identify beneficial opportunities and internships.

Before joining the Freedom Forum, Overby was an effective public watchdog a newspaper reporter and editor for 17 years with a goal of protecting citizens by keeping them well informed. He covered Congress, the U.S. Supreme Court, the White House and presidential campaigns for Gannett Co., the nation's largest newspaper company. He also served as the top editor at Florida Today in Melbourne, Fla., and the executive editor of The Clarion-Ledger and Jackson Daily News in Jackson. Overby supervised the news and editorial coverage that led to The Clarion-Ledger winning the Pulitzer Prize Gold Medal for Distinguished Public Service in 1983 for coverage of the need for education reform in Mississippi.

His exemplary career which began as an 11-year-old delivering newspapers at 5 a.m. for The Clarion-Ledger also includes serving as vice president of news and communications for Gannett and as a member of the management committees of Gannett and USA Today. He experienced two stints in government, as press assistant to U.S. Sen. John Stennis, a Democrat from Mississippi; and special assistant for administration to Tennessee Gov. Lamar Alexander, a Republican.

When asked about his successful career, Overby credited his mother, his wife and longtime colleague, the late Al Neuharth, founder of USA Today, the Freedom Forum and the Newseum, for mentoring and supporting him throughout his extensive career.

Continue reading here:
Overby to Receive Coveted Legacy Award

A view of the 1,234-square-mile Joshua Tree National Park is seen April 7, 2008, in southeastern California. A large part of the park is designated to wilderness area. Gabriel Bouys/AFP/Getty Images

SEATTLE -- The U.S. Forest Service is proposing permanent new rules that would require media organizations to obtain a permit to film and shoot photographs in more than 100 million acres of the nation's wilderness.

Under the plan, the Forest Service would consider the nature of a proposed project before approving a special use permit then charge fees of up to $1,500 for commercial filming and photography in federally designated wilderness areas.

Mickey H. Osterreicher, general counsel for the National Press Photographers Association, said such rules would be a clear violation of the First Amendment and raises concerns about press freedom, including whether denying a permit would amount to prior restraint.

"What if they deny you a permit because they don't like the story you're working on?" he asked.

Liz Close, the Forest Service's acting wilderness director, said the Wilderness Act of 1964 prohibits commercial enterprise in wilderness.

The rules exclude breaking news situations, defined as "an event or incident that arises suddenly, evolves quickly, and rapidly ceases to be newsworthy."

But Osterreicher said the agency ignores big distinctions between editorial and commercial use and also should not be allowed to define what constitutes breaking news.

"We're headed down a really slippery slope if we allowed the government to include editorial and news gathering activities in commercial use," he said.

Close said the current rules have been in place for 48 months, and the proposal released this month would make those guidelines permanent. Public comments are due by Nov. 3.

Read the original here:
Wilderness proposal sparks First Amendment fight

Sunset in the Boundary Waters. Sean Collins

A picture in a national forest might cost you $1,000 if you snap it without a permit. Is this a threat to First Amendment rights?

The U.S. Forest Service is finalizing rules that will require journalists and photographers to have permission before taking a picture or shooting a video in a wilderness like the BWCA,the Oregonian reports.

Its pretty clearly unconstitutional, said Gregg Leslie, legal defense director at the Reporters Committee for Freedom of the Press in Alexandria, Va. They would have to show an important need to justify these limits, and they just cant.

The rules appear to apply only to reporters and photographers who are working on stories that may not be friendly to practices in the wilderness. They would still allow for breaking news coverage of fires and rescues.

With smartphones blurring the lines between reporters and camera crews, U.S. Sen. Ron Wyden, an Oregon Democrat, said the agency should tread more carefully.

The Forest Service needs to rethink any policy that subjects noncommercial photographs and recordings to a burdensome permitting process for something as simple as taking a picture with a cell phone, Wyden said. Especially where reporters and bloggers are concerned, this policy raises troubling questions about inappropriate government limits on activity clearly protected by the First Amendment.

Most of the countrys wilderness is in the West. Nearly 50 wilderness areas have been designated in Oregon, including wide stretches of land around Mount Hood, Mount Jefferson and Mount Washington.

The rules allow exceptions only for breaking news coverage of events like fires and rescues. Theyre more stringent than similar policies on wilderness areas managed by a different federal agency, the Bureau of Land Management.

The BLM does not require any special permit for newsgathering in wilderness areas.

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Forest Service clamps down on photography in wilderness

Public Health in the Shadow of the First Amendment
Public Health in the Shadow of the First Amendment will bring together leading scholars, key policy makers, and top experts in law, public health and medicine. This conference, the first of...

By: YaleUniversity

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Public Health in the Shadow of the First Amendment - Video

Future of the First Amendment
Educators and other experts discuss a new Knight Foundation national survey showing that the more students use digital media, the more they defend First Amen...

By: Newseum

Link:
Future of the First Amendment - Video

The U.S. Forest Service has tightened restrictions on media coverage in vast swaths of the country's wild lands, requiring reporters to pay for a permit and get permission before shooting a photo or video in federally designated wilderness areas.

Under rules being finalized in November, a reporter who met a biologist, wildlife advocate or whistleblower alleging neglect in any of the nation's 100 million acres of wilderness would first need special approval to shoot photos or videos even on an iPhone.

Permits cost up to $1,500, says Forest Service spokesman Larry Chambers, and reporters who don't get a permit could face fines up to $1,000.

First Amendment advocates say the rules ignore press freedoms and are so vague they'd allow the Forest Service to grant permits only to favored reporters shooting videos for positive stories.

"It's pretty clearly unconstitutional," said Gregg Leslie, legal defense director at the Reporters Committee for Freedom of the Press in Alexandria, Va. "They would have to show an important need to justify these limits, and they just can't."

Liz Close, the Forest Service's acting wilderness director, says the restrictions have been in place on a temporary basis for four years and are meant to preserve the untamed character of the country's wilderness.

Close didn't cite any real-life examples of why the policy is needed or what problems it's addressing. She didn't know whether any media outlets had applied for permits in the last four years.

She said the agency was implementing the Wilderness Act of 1964, which aims to protect wilderness areas from being exploited for commercial gain.

"It's not a problem, it's a responsibility," she said. "We have to follow the statutory requirements."

The Forest Service's previous rules caused a fuss in 2010, when the agency refused to allow an Idaho Public Television crew into a wilderness area to film student conservation workers. The agency ultimately caved to pressure from Idaho Gov. C.L. "Butch" Otter.

Read more here:
Forest Service says media needs photography permit in wilderness areas, alarming First Amendment advocates

Freedom From Religion?
In short what freedom of religion is and is not as it pertains to the first amendment to the US Constitution Twitter: @irvinepatriot Blog: http://theirvinepatriot.blogspot.com.

By: virgil432

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Freedom From Religion? - Video

Alex Jones Show (Monday, September 8, 2014) Hour 3 Commercial Free
Guest: Lee Rockwell Alex Jones Show (Monday, September 8, 2014) Hour 3 Commercial Free Alex breaks down recent attacks on the First Amendment and the rising hostility between NATO and Russia...

By: April Hamilton

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Alex Jones Show (Monday, September 8, 2014) Hour 3 Commercial Free - Video

A Physics Approach (short)
Going after the Nobel Prize in Physics grants first amendment protection to use the lives of living people to determine the existence of parallel universes.

By: Mike Wallace

Originally posted here:
A Physics Approach (short) - Video