Category Archives: First Amendment

May 31, 2020 - SACRAMENTO, Calif. Federal, state and local law enforcement partners join together to condemn the death of George Floyd in Minneapolis and offer sincere condolences to his family and colleagues, U.S. Attorney McGregor W. Scott, FBI Special Agent in Charge Sean Ragan, Sacramento County District Attorney Anne Marie Schubert, Sacramento County Sheriff Scott Jones, and Sacramento Chief of Police Daniel Hahn announced.

Mr. Floyds death is being addressed through our criminal justice system, which is moving quickly. The state prosecutor has brought murder charges against a former Minneapolis police officer. As United States Attorney General Barr announced on May 29, the Department of Justice, including the FBI, is also conducting an independent investigation to determine whether any federal civil rights laws were violated.

Peaceful protest is a time-honored tradition in our country, and we in law enforcement strive to protect these important First Amendment rights. The majority of those protesting are doing so peacefully. But when protests turn violent, this endangers the community, and law enforcement must act to protect the community. As a civilized society based upon the rule of law, we will not tolerate violence, anarchy or chaos that threatens the safety of the community.

Federal, state, and local law enforcement will continue to work together to protect the communitys First Amendment rights and to protect the community from violence and lawlessness. Federal and state felony statutes may apply.

As part of the community, we share the concerns about George Floyds death, said U.S.Attorney Scott. We also recognize that his death comes at a time when we are also fighting, as a nation, an unprecedented pandemic that has taken its toll across our country and our District. Together with state and local law enforcement, we have reached out to our community leaders to address the real and legitimate concerns about what happened to Mr. Floyd and to identify positive steps we can take going forward. Please join me in a call for unity and peace, not violence, as we work together during this difficult time.

The FBI Sacramento Field Office is deeply committed to protecting the civil rights of all people within the 34 California counties we serve, said Special Agent in Charge Sean Ragan.The FBI steadfastly investigates all allegations involving the deprivation of civil rights, including color of law violations official actions taken by persons acting under the authority of local, state, federal, or tribal laws to willfully deprive someone of a right or privilege secured or protected by the Constitution or laws of the United States. No one is above or beyond the law. The communities we serve can depend on the FBI to methodically collect facts in order to provide unbiased and independent investigative results so prosecutors can make a charging decision.Source: DOJ

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Federal, California and Local Law Enforcement's Statement on the Death of George Floyd and Riots Says They Will Continue to Work Together to Protect...

Home law First Amendment Legal Expert Floyd Abrams on Trumps Chilling Executive Order Designed...

Floyd Abrams is one of the countrys leading legal experts on the First Amendment. Hes also the father of journalist Dan Abrams. Floyd spoke today on Dans SiriusXM radio show regarding Donald Trumps new Executive Order designed to kill free speech.

Trump is incensed by Twitter fact checking his inane, crazy and dangerous Tweets regarding mail-in ballots for voting. Trump is trying to scare his followers into believing that mailed ballots arent safe and will be tampered with. This isnt true, of course, but Trumps sadly illiterate and easily impressionable base can be told almost anything including the sky is falling and theyd believe it.

Trumps Executive Order is only about him, and his petty differences with Twitter. But it threatens the First Amendment, which hes never read.

Says Floyd Abrams:

The First Amendment issue is: can you shut up the social media entities when they engage in what they view as fact-checking? And I dont think you can. Im confident that that would violate the First Amendment. And, at the end of the day, thats what this is all about. No matter what the results are of any internal studies. What is sought here by the president, what is sought here by the drafters of the executive order, is a limitation on speech. And thats what the First Amendment does not allow.

Of course, a lot of this has to do with Trump trying to distract his base from the fact that over 100,000 people have died from corona virus, and he let it happen. Or caused it by his inaction and his easily seen clips of denying that corona virus would do any harm. The death toll rises, the new cases rise, in places where Trump voters could be mortally affected, and he wants to point the finger at anyone else.

Nevertheless, Abrams said he doesnt think Trump can get away with it.

Abrams said: At the end of the day, Im confident, maybe wrong, but Im confident that the administration will not be able to prevent Twitter and its competitors from putting in their own ultimate, for themselves, judgment that something the presidentor anyone elsesays online is inconsistent with the truth.

Roger Friedman began his Showbiz411 column in April 2009 after 10 years with Fox News, where he created the Fox411 column. He wrote the Intelligencer column for NY Magazine in the mid 90s, reporting on the OJ Simpson trial, as well as for the real Parade magazine (when it was owned by Conde Nast), and has written for the New York Observer, Details, Vogue, Spin, the New York Times, NY Post, Washington Post, and NY Daily News among many publications. He is the writer and co-producer of "Only the Strong Survive," a selection of the Cannes, Sundance, and Telluride Film festivals, directed by DA Pennebaker and Chris Hegedus.

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First Amendment Legal Expert Floyd Abrams on Trump's Chilling Executive Order Designed to Kill Free Speech - Showbiz411

DC Mayor Muriel Bowser has issued a citywide curfew from 11 p.m. ET Sunday through 6 a.m. ET Monday following a weekend of unrest in the nations capital.

Skirmishes between groups of protesters and law enforcement flared across the city on Friday and Saturday night as tensions played out over the death of George Floyd, an unarmed black man in Minneapolis who was pinned down by police.

Bowser stressed Sunday that protesters have the right to exercise the First Amendment but should not destroy our city in the process.

Were sending a very clear message to people that they have a right to exercise their First Amendment rights, but not to destroy our city, Bowser said in an interview on NBCs Meet the Press. We saw a level of just destruction and mayhem among some that was maddening.

The DC Fire Department extinguished two vehicle fires in the area north of the White House Saturday night, as well as several small fires in the downtown area. Some protesters also put up graffiti on some buildings.

DC Chief of Police Peter Newsham said Sunday that the Metropolitan Police Department had arrested 17 people Saturday night and that 11 MPD officers were injured during the protests. None of the officers sustained life-threatening injuries, though one officer is undergoing surgery for multiple compound fractures to his leg after a protester threw a rock at him.

Newsham said that of the 17 people arrested, eight either live in DC or have some ties to the area.

He said police expect to make more arrests, as the department is asking private businesses to review their security footage, and will ask the DC community to help identify those who were damaging property or hurting people.

More than 60 US Secret Service personnel were injured from Friday night through Sunday morning near the White House, according to a statement from the Secret Service. At one point on Friday night, President Donald Trump was briefly taken to the underground bunker, according to a White House official and a law enforcement source.

To this point, Trump has adopted an uneven message on the demonstrations. While in some appearances he has taken a measured approach in calling for calm, on Twitter he has used violent rhetoric and seemed to suggest on Saturday his supporters stage a counter-protest outside the White House.

Bowser on Sunday urged Trump to help calm the nation and to stop sending divisive tweets that are meant to harken back to the segregationist past of our country.

On Saturday, Trump wrongly accused Bowser in a tweet of not allowing the DC Metropolitan Police Department to help the Secret Service keep control of the situation with protesters in Lafayette Square on Friday night.

That claim was later refuted by the US Secret Service who confirmed in a statement that the DC police department and US Park police were on the scene.

Bowser responded to Trump on Twitter Saturday, saying that the DC police department, will always protect DC and all who are in it whether I agree with them (such as those exercising their First Amendment Right) or those I dont (namely, @realdonaldtrump).

The DC mayor said while Trump hides behind his fence afraid/alone, she stands with people peacefully exercising their First Amendment Right after the murder of Floyd and hundreds of years of institutional racism.

Trump also tweeted that protesters would have been greeted with the most vicious dogs, and most ominous weapons, I have ever seen, if they breached the fence outside the White House.

In a press conference Saturday, Bowser noted how Trumps reference to the ominous dogs was no subtle reminder of segregationists who would attack African Americans with dogs.

She added that the city is working on cleaning up after protests and is coordinating with law enforcement to ensure calm in our city.

Newsham echoed that message Sunday, praising the behavior of police incredibly responsible, heroic, in many instances, and said he doesnt expect Sunday night to be a repeat of last night.

Still, a law enforcement source tells CNN that US Park Police, in a situational report Sunday afternoon, informed law enforcement stationed in Lafayette Park that demonstrators have brought boxes of rocks to an evening protest across from the White House.

Another person was observed with a bat, the report stated. The information was shared with other law enforcement agencies on hand for the protest, the source said.

Earlier Sunday, White House executive office staff received an email urging them to stay away from the White House complex, if possible, due to ongoing demonstrations.

Due to ongoing demonstrations, please avoid coming to the White House Complex today if at all possible, the email reads, in part. The White House currently maintains an elevated security posture.

The email directs essential employees, who still need to work on the complex, to a specific entrance and to follow Secret Service instructions.

This story has been updated with additional developments.

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DC mayor institutes curfew and urges calm after weekend of unrest - KEYT

(Reuters) - On Friday evening, viewers watched as CNN correspondent Omar Jimenez and his crew were arrested on live television while covering a protest following the death of George Floyd in Minneapolis.

By Saturday, as protesters and the police clashed across the nation, reporter Kaitlin Rust from Louisville, Kentucky local station WAVE News screamed on air Im getting shot! Im getting shot! as cameras caught her and her crew being targeted at gunpoint and shot at by local police with pepper balls.

Over a three-day period, organizations that track press violence documented about two dozen acts of violence, including an incident on Saturday night in Minneapolis during which Reuters journalist Julio-Cesar Chavez and Reuters security adviser Rodney Seward were struck and injured by rubber bullets.

From Los Angeles to Minneapolis to New York, what seemed like isolated attacks on the press at political rallies and protests over the last few years intensified as trust in media is near a decade low, some media experts said.

It is an extremely scary place to be and not a place where journalists have felt since 1968 in this country, said Bruce Brown, executive director of the Reporters Committee for Freedom of the Press, referring to journalists being harassed at the Democratic National Convention in Chicago.

The numerous, targeted attacks that journalists reporting on protests across the country have faced from law enforcement over the last two nights are both reprehensible and clear violations of the First Amendment, he said.

Freedom of speech and the press are enshrined, among other freedoms, in the First Amendment of the U.S. Constitution.

The attacks, which come amid the anti-media rhetoric of U.S. President Donald Trump, have been leveled at media organizations across the political spectrum.

Leland Vittert, a Fox News correspondent with experience in war zones, and his crew were attacked by demonstrators near the White House on Friday after being identified as an employee of Fox News. Its the most scared Ive been since being caught in a mob that turned on us in Tahrir Square (in Cairo, Egypt), Vittert said in an interview with Reuters on Sunday.

Vittert recalled how the public perception of the media similarly deteriorated during his time covering the Middle East. We saw that transition happen where those who we reported on went from being glad we were there to tell our stories to viewing us as potential targets, he said. And now were seeing that same shift in America which is terrifying.

Since taking office in 2017, Trump has frequently lashed out at the media.

Theres a campaign of vilification of the media by President Trump, said Courtney Radsch, advocacy director at the Committee to Protect Journalists.

Radsch said this is also occurring as protesters want to control their narrative as well. Everyone wants to go directly to public with their version of events.

On Sunday, the president wrote on Twitter: The Lamestream Media is doing everything within their power to foment hatred and anarchy. As long as everybody understands what they are doing, that they are FAKE NEWS and truly bad people with a sick agenda, we can easily work through them to GREATNESS!

Some Trump supporters in the past have played down the backlash against the media and the presidents role in it, saying the media had eroded its own credibility with partisan reporting.

He (Trump) is not the only trigger, Brown said. But, If he were to stop attacking journalists, that would help a lot.

Watching journalists get arrested and attacked on television sends a message to viewers that there are no repercussions for the violence, media experts say.

The governor of Minnesota apologized for the arrest of CNNs journalists and the Louisville police department apologized if Rust was singled out for being a reporter. No actions have been taken so far against the officers involved.

Fox and CNN both condemned the actions taken against their journalists and other members of the media.

A Reuters spokeswoman said the news organization strongly objects to police firing rubber bullets at its crew in Minneapolis and is addressing the situation with authorities.

It was clear that both our reporter and security adviser were members of the press and not a threat to public order. Journalists must be allowed to report the news without fear of harassment or harm, the spokeswoman said in a statement.

Reporting by Kenneth Li; Editing by Lisa Shumaker

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Open season on the free press: Journalists targeted in attacks as U.S. protests rage - Reuters

Over the last two days, journalists covering protests in cities across the country have been deliberately shot at with rubber bullets, tear gassed, pepper sprayed, detained, and arrested by law enforcement officers, and attacked and harassed by protesters.

These protests began in Minneapolis in response to the May 25 killing of George Floyd, a Black man, by a white Minneapolis police officer, but demonstrations have spread and accelerated around the country, with protesters demanding justice, an end to violence against Black Americans and greater police accountability.

In response to these attacks, Bruce Brown, executive director of the Reporters Committee for Freedom of the Press, made the following statement:

The numerous, targeted attacks that journalists reporting on protests across the country have faced from law enforcement over the last two nights are both reprehensible and clear violations of the First Amendment. These attacks not only endanger our free press, but also threaten our democracy and the essential role that journalists play in safeguarding constitutional rights.

Many of these attacks were captured on live broadcasts. The video evidence showing journalists under police assault simply for doing their jobs is harrowing. We strongly condemn these actions and will be contacting law enforcement in each jurisdiction to demand a full explanation and accountability for officers who knowingly targeted journalists.

We also condemn all attacks on reporters by protesters. Media coverage of the demonstrations is indispensable to helping our nation bear witness. Assaults on journalists from protesters are unlawful and make it harder for reporters to keep the country informed during this period of civil unrest.

Journalists can consult the Reporters Committee for Freedom of the Presssguide to covering protestsandtip sheetfor more information on their rights and how to avoid arrests while reporting on these events. Journalists covering protests who have questions or are in need of legal assistance can contact the Reporters Committees hotline at 800-336-4243 orhotline@rcfp.org. The Reporters Committee is also a partner of the U.S. Press Freedom Tracker, which is documenting these incidents. If you are a journalist or know of one who has been assaulted, arrested or had equipment seized or damaged in the course of covering a protest, emailtips@pressfreedomtracker.us.

The Reporters Committee regularly files friend-of-the-court briefs and its attorneys represent journalists and news organizations pro bono in court cases that involve First Amendment freedoms, the newsgathering rights of journalists and access to public information. Stay up-to-date on our work by signing up for our monthly newsletter and following us on Twitter or Instagram.

Screenshot image via WAVE 3

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RCFP condemns attacks against journalists covering protests - Reporters Committee for Freedom of the Press

Portland police said demonstrators were setting off numerous fireworks and "aerial mortars" at officers.

PORTLAND, Ore. After hours of protesting outside the Multnomah County Justice Center in downtown Portland, police declared a gathering of thousands of demonstrators a civil disturbance and an unlawful assembly. People are now being told to leave the area or be subject to police force.

Police have used flash bangs and tear gas to disperse protesters. KGW reporters say the crowd is smaller than it was outside the justice center, but there are several smaller groups in downtown.

At around 11:30 p.m., Portland police said demonstrators were setting off numerous fireworks and "aerial mortars" at officers. At least two people have been arrested.

There are reports of shattered windows in the downtown area.

The large group of demonstrators reached the justice center at around 9:30 p.m. after peacefully marching miles from the eastside of Portland.

The large crowd initially gathered at Laurelhurst Park at 6 p.m. and at first marched to a former police precinct building on Southeast 47th Avenue and Burnside. The group then marched several miles westbound, crossed the Burnside Bridge and entered downtown Portland.

As the crowd marched to downtown, police announced over loud speakers that they would protect the demonstrators' First Amendment rights if they remained peaceful.

"The actions of this group will set the tone for this evening. Do not destroy your city," police announced.

The tensions between police and the group of protesters appeared to increase as the night went on. At around 10:45 p.m., Portland police caused confusion by saying demonstrators had broken in inside the federal courthouse, which is next to the justice center. However, minutes later, police said no demonstrators entered the courthouse. Police then said projectiles were being thrown at officers before declaring the unlawful assembly.

All of this occurred after the 8 p.m. curfew that was put into place for the second straight night due to destructive riots that took place Friday and Saturday.

Earlier Sunday night at the justice center, police declared a separate demonstration with a smaller, but still formidable, group of protesters an unlawful assembly and dispersed the group.

Portland police said protesters were throwing water bottles at officers.

In an attempt to prevent crowds from gathering in downtown, Portland police asked the Oregon Department of Transportation to close freeway off-ramps leading into downtown Portland, including off-ramps from US-26, I-5, I-84 and I-405. ODOT said the closures will last until midnight or later if necessary.

Portland Mayor Ted Wheeler explained during an appearance on MSNBC why the city asked for the ramps to be closed.

"Tonight we took an usual step of closing off on-ramps into the city of Portland because we heard anecdotally that some of the demonstrators were coming from outside of our city," Wheeler said.

Earlier Sunday afternoon, a passerby captured an inspiring moment on camera, as Portland police officers took a knee with protesters in downtown Portland.

Sunday marks the third day of protests over the death of George Floyd and police violence against African Americans.

In the first two days of protests in Portland, at least 70 people were arrested. Late-night protesters shattered storefront windows and looted businesses. On Friday night, the Multnomah County Justice Center was set ablaze. At least two officers were injured.

On Sunday morning, Wheeler said the protests have been "co-opted by rioters and looters." He said the rioters' actions no longer feel like sincere mourning for Floyd. At the same press conference, Portland Police Bureau Chief Jami Resch called the rioters a "group of selfish individuals."

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Day 3 of protests in Portland, Oregon over death of George Floyd - KGW.com

To the Editor:

Re Spreading Unrest Leaves a Nation on Edge (front page, May 31):

Early Saturday afternoon I stood outside Philadelphia City Hall with my Veterans for Peace & Against Hate sign to participate in the rally to protest and mourn George Floyds brutal murder in Minneapolis. When I was there the rally was calm and respectful. As a combat medic with the Marines in Vietnam, I have experienced violence and chaos. I did not expect Saturdays rally to deteriorate into violence and chaos, and it deeply saddens me.

In these difficult and divisive times we should be working together, not tearing ourselves apart.

Mike FelkerPhiladelphia

To the Editor:

The responsible politicians are saying the right things. What happened to George Floyd at the hands of police officers was an outrage, and it is well within their First Amendment rights for black people and others to march and protest but do not cross the line and start vandalism, looting or fires.

My first inclination is to agree. But I am torn when I look at the reality. Police brutality against black people continues. Racism in our society continues. No matter how many protests or demonstrations occur, the attention span of the public and the media is short until the next time and the next time and the next time.

It is regrettable, but it appears that unless there are riots, fires and vandalism, white Americans do not pay attention, or, if they do, they quickly forget what fears black Americans face on a daily basis when encountering the police or encountering whites in predominantly white neighborhoods.

If we are going to expect behavioral changes by demonstrators, we need to engage in some serious behavior changes as a society.

Tom BarnardShaker Heights, Ohio

To the Editor:

Re Two Crises Convulse a Nation: A Pandemic and Police Violence (nytimes.com, May 31):

Actually, there are three crises combining to convulse America: the coronavirus pandemic, the continued police brutality against black Americans and a president incapable of dealing with either. The tweeter of when the looting starts, the shooting starts threatens to use the military to quell the protests destroying cities all across the nation.

Does Mr. Trump want protesters shot la Kent State, or demonstrators beaten as the police did at the Democratic convention in Chicago in 1968? With every opportunity to lead, to unite and to console, this menace in the White House encourages more violence, racism and hatred.

Instead of inviting African-American leaders and governors, mayors and police chiefs to the White House to try to find solutions for stopping the violence, Mr. Trump goes to Florida for a photo-op at the SpaceX launch. He is tone deaf while America burns and is being torn apart by racial hatred.

We all shuddered to think what would happen to America when Mr. Trump faced a genuine crisis, and now our worst fears are a reality.

Henry A. LowensteinNewport, R.I.

Excerpt from:
As Waves of Protest Surge Across America - The New York Times

Trump Executive Order Misreads Key Law Promoting Free Expression Online and Violates the First Amendment by David Greene, Civil Liberties Director and Aaron Mackey, Staff Attorney, Electronic Frontier Foundation

The Executive Orders Error-Filled Reading of Section 230

The main thrust of the order is to attack Section 230, the law that underlies the structure of our modern Internet and allows online services to host diverse forums for users speech. These platforms are currently the primary way that the majority of people express themselves online. To ensure that companies remain able to let other people express themselves online, Section 230 grants online intermediaries broad immunity from liability arising from publishing anothers speech. It contains two separate and independent protections.

Subsection (c)(1) shields from liability all traditional publication decisions related to content created by others, including editing, and decisions to publish or not publish. It protects online platforms from liability for hosting user-generated content that others claim is unlawful. For example, if Alice has a blog on WordPress, and Bob accuses Clyde of having said something terrible in the blogs comments, Section 230(c)(1) ensures that neither Alice nor WordPress are liable for Bobs statements about Clyde. The subsection also would also protect Alice and WordPress from claims from Bob for Clyde's comment even if Alice removed Bob's comment.

Subsection (c)(2) is an additional and independent protection from legal challenges brought by users when platforms decide to edit or to not publish material they deem to be obscene or otherwise objectionable. Unlike (c)(1), (c)(2) requires that the decision be in good faith. In the context of the above example, (c)(2) would protect Alice and WordPress when Alice decides to remove a term within the comment from Clyde that she considers to be offensive. Clyde cannot successfully sue Alice for that editorial action as long as Alice acted in good faith.

The legal protections in subsections (c)(1) and (c)(2) are completely independent of one another. There is no basis in the language of Section 230 to qualify (c)(1)s immunity on platforms obtaining immunity under (c)(2). And courts, including the U.S. Court of Appeals for the Ninth Circuit, have correctly interpreted the provisions as distinct and independent liability shields:

Subsection (c)(1), by itself, shields from liability all publication decisions, whether to edit, to remove, or to post, with respect to content generated entirely by third parties. Subsection (c)(2), for its part, provides an additional shield from liability, but only for any action voluntarily taken in good faith to restrict access to or availability of material that the provider ... considers to be obscene ... or otherwise objectionable.

Even though neither the statute nor court opinions that interpret it mush these two Section 230 provisions together, the order asks the Federal Communications Commission to start a rulemaking and consider linking the two provision's liability shields. The order asks the FCC to consider whether a finding that a platform failed to act in "good faith" under subsection (c)(2) also disqualifies the platform from claiming immunity under section (c)(1).

In short, the order tasks government agencies with defining good faith and eventually deciding whether any platforms decision to edit, remove, or otherwise moderate user-generated content meets it, upon pain of losing access to all of Section 230's protections.

Should the order result in FCC rules interpreting 230 that way, a platform's single act of editing user content that the government doesnt like could result in losing both kinds of protections under 230. This essentially will work as a trigger to remove Section 230s protections entirely from a host of anything that someone disagrees with. But the impact of that trigger would be much broader than simply being liable for the moderation activities purportedly done in bad faith: Once a platform was deemed not in good faith, it could lose (c)(1) immunity for all user-generated content, not just the triggering content. This could result in platforms being subjected to a torrent of private litigation for thousands of completely unrelated publication decisions.

The Executive Orders First Amendment Problems

Taking a step back, the order purports to give the Executive Branch and federal agencies powerful leverage to force platforms to publish what the government wants them to publish, on pain of losing Section 230s protections. But even if section 230 permitted this, and it doesnt, the First Amendment bars such intrusions on editorial and curatorial freedom.

The Supreme Court has consistently upheld the right of publishers to make these types of editorial decisions. While the order faults social media platforms for not being purely passive conduits of user speech, the Court derived the First Amendment right from that very feature.

In its 1974 decision in Miami Herald Co v. Tornillo, the Court explained:

A newspaper is more than a passive receptacle or conduit for news, comment, and advertising. The choice of material to go into a newspaper, and the decisions made as to limitations on the size and content of the paper, and treatment of public issues and public officials -- whether fair or unfair -- constitute the exercise of editorial control and judgment. It has yet to be demonstrated how governmental regulation of this crucial process can be exercised consistent with First Amendment guarantees of a free press as they have evolved to this time.

Courts have consistently applied this rule to social media platforms, including the 9th Circuits recent decision in Prager U v. Google and a decision yesterday by the U.S. Court of Appeals for the District of Columbia in a case brought by Freedom Watch and Laura Loomer against Google. In another case, a court ruled that when online platforms "select and arrange others materials, and add the all-important ordering that causes some materials to be displayed first and others last, they are engaging in fully protected First Amendment expressionthe presentation of an edited compilation of speech generated by other persons."

And just last term in Manhattan Community Access v. Halleck, the Supreme Court rejected the argument that hosting the speech of others negated these editorial freedoms. The court wrote, In short, merely hosting speech by others is not a traditional, exclusive public function and does not alone transform private entities into state actors subject to First Amendment constraints.

It went on to note that Benjamin Franklin did not have to operate his newspaper as a stagecoach, with seats for everyone, and that The Constitution does not disable private property owners and private lessees from exercising editorial discretion over speech and speakers on their property."

The Supreme Court also affirmed that these principles applied "Regardless of whether something 'is a forum more in a metaphysical than in a spatial or geographic sense.

EFF filed amicus briefs in Prager U and Manhattan Community Access, urging that very result. These cases thus foreclose the Presidents ability to intrude on platforms editorial decisions and to transform them into public forums akin to parks and sidewalks.

But even if the First Amendment were not implicated, the President cannot use an order to rewrite an act of Congress. In passing 230, Congress did not grant the Executive the ability to make rules for how the law should be interpreted or implemented. The order cannot abrogate power to the President that Congress has not given.

We should see this order in light of what prompted it: the Presidents personal disagreement with Twitters decisions to curate his own tweets. Thus despite the orders lofty praise for free and open debate on the Internet, this order is in no way based on a broader concern for freedom of speech and the press.

Indeed, this Administration has shown little regard, and much contempt, for freedom of speech and the press. Were skeptical that the order will actually advance the ideals of freedom of speech or be justly implemented.

There are legitimate concerns about the current state of online expression, including how a handful of powerful platforms have centralized user speech to the detriment of competition in the market for online services and users privacy and free expression. But the order announced today doesn't actually address those legitimate concerns and it isn't the vehicle to fix those problems. Instead, it represents a heavy-handed attempt by the President to retaliate against an American company for not doing his bidding. It must be stopped.

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Trump Executive Order Violates the First Amendment - SF Bay Area Indymedia

Skirmishes between groups of protesters and law enforcement flared across the city on Friday and Saturday night as tensions played out over the death of George Floyd, an unarmed black man in Minneapolis who was pinned down by police.

Bowser stressed Sunday that protesters have the right to exercise the First Amendment but should not "destroy our city" in the process.

"We're sending a very clear message to people that they have a right to exercise their First Amendment rights, but not to destroy our city," Bowser said in an interview on NBC's "Meet the Press." "We saw a level of just destruction and mayhem among some that was maddening."

The DC Fire Department extinguished two vehicle fires in the area north of the White House Saturday night, as well as several small fires in the downtown area. Some protesters also put up graffiti on some buildings.

DC Chief of Police Peter Newsham said Sunday that the Metropolitan Police Department had arrested 17 people Saturday night and that 11 MPD officers were injured during the protests. None of the officers sustained life-threatening injuries, though one officer is undergoing surgery for multiple compound fractures to his leg after a protester threw a rock at him.

Newsham said that of the 17 people arrested, eight either live in DC or have some ties to the area.

He said police expect to make more arrests, as the department is asking private businesses to review their security footage, and will ask the DC community to help identify those who were damaging property or hurting people.

To this point, Trump has adopted an uneven message on the demonstrations. While in some appearances he has taken a measured approach in calling for calm, on Twitter he has used violent rhetoric and seemed to suggest on Saturday his supporters stage a counter-protest outside the White House.

Bowser on Sunday urged Trump to help "calm the nation" and to stop sending "divisive tweets that are meant to harken back to the segregationist past of our country."

That claim was later refuted by the US Secret Service who confirmed in a statement that the DC police department and US Park police were on the scene.

The DC mayor said while Trump "hides behind his fence afraid/alone," she stands with people "peacefully exercising their First Amendment Right after the murder" of Floyd and "hundreds of years of institutional racism."

Trump also tweeted that protesters "would have been greeted with the most vicious dogs, and most ominous weapons, I have ever seen," if they breached the fence outside the White House.

In a press conference Saturday, Bowser noted how Trump's reference to the "ominous dogs" was "no subtle reminder" of segregationists who would attack African Americans with dogs.

She added that the city is working on cleaning up after protests and is coordinating with law enforcement "to ensure calm in our city."

Newsham echoed that message Sunday, praising the behavior of police "incredibly responsible, heroic, in many instances," and said he doesn't expect Sunday night to be "a repeat of last night."

Still, a law enforcement source tells CNN that US Park Police, in a situational report Sunday afternoon, informed law enforcement stationed in Lafayette Park that demonstrators have brought boxes of rocks to an evening protest across from the White House.

Another person was observed with a bat, the report stated. The information was shared with other law enforcement agencies on hand for the protest, the source said.

Earlier Sunday, White House executive office staff received an email urging them to stay away from the White House complex, if possible, due to "ongoing demonstrations."

"Due to ongoing demonstrations, please avoid coming to the White House Complex today if at all possible," the email reads, in part. "The White House currently maintains an elevated security posture."

The email directs "essential" employees, who still need to work on the complex, to a specific entrance and to follow Secret Service instructions.

This story has been updated with additional developments.

CNN's Rebecca Grandahl, Kaitlan Collins, Chris Turner, Alex Marquardt and Greg Clary contributed to this report.

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DC mayor urges calm after protests nearby the White House occur for second consecutive night - CNN International

While Saturdays unrest drew hordes of demonstrators to downtown Salt Lake City and spurred innumerable staredowns and physical clashes between police and protesters, two altercations grabbed much of the attention Sunday.

The first: A man who drove his vehicle into the crowd and pulled out a bow and arrow, which he allegedly aimed at protesters.

The second: A police officer, decked out in riot gear, who knocked over an elderly man with a cane while he was standing on a sidewalk by the Main Library.

Both were captured on video.

The Salt Lake City Police Department is investigating both confrontations.

When officers saw the man with the bow being assaulted, Chief Mike Brown said in a video message Sunday afternoon, their first thought was for his safety. So they pulled him out of the crowd, offered aid and ascertained his identity.

Protesters flipped over the mans car, which caught on fire and burned.

In a posted video, the man, identified as Brandon McCormick, responded to a stranger who asked him if he calls himself an American with: Yes, Im American. All lives matter. Immediately afterward, he lifted his hunting bow and aimed an arrow at those around him.

Later, McCormick found himself giving a television interview with FOX 13. In it, he said he was there to protect police with the weapons he had and described how he was targeted for saying all lives matter and beaten through his open window.

McCormick, whose Facebook page says he lives in Salt Lake City but is originally from Barstow, Calif., has shared his views before on Facebook, posting racist memes and even talking about wanting to go back in time to take out former President Barack Obama and former Secretary of State Hillary Clinton when they were in the crib.

In a May 21 post, McCormick shared with his followers that "if you didnt grow up during the cold war and or you and or your anaesters [ancestors] are here ileagely [illegally]. You shouldnt be alloud [allowed] to vote!!!! (Bracketed spellings have been corrected.)

On Sunday morning, Brown said the man showing up with this weapon was troubling" and a horrible situation.

Police are asking those who witnessed the episode to contact them as they screen charges against the man. Salt Lake City Mayor Erin Mendenhall said the man would be charged.

In Sunday afternoons update, Brown also addressed the episode in which the elderly man was knocked down. After examining video footage, Brown said the officer has been identified.

I have seen the video," the chief said, and it was inappropriate.

Brown did not name the officer nor state whether the officer had been suspended.

Its not OK, the mayor told The Salt Lake Tribune of the incident. It seems to be well outside the protocol, and its being investigated.

Brown said the department will follow its procedures, which includes an investigation by internal affairs, as well as a review by the Civilian Review Board. A recommendation then will be made upon completion.

I want to say this is not what I would expect from Salt Lake City PD, Brown said. My expectations are, that if people are exercising their First Amendment rights, we give them the space to do so peacefully. I have spoken to this gentleman to express my concern for his well-being and to apologize to him personally. It was hard for me to watch what happened, and I know it was even harder for him to experience it.

Brown emphasized that he was relieved that there were no fatalities during Saturdays unrest.

My heart aches for the pain caused and insecure feelings that we have experienced over the last 24 hours here in Salt Lake City," he said in his video message. "We understand that this insecure feeling pales in comparison to the overarching original reason for the protest. We reiterate our commitment to stamping out systemic racism.

Tribune reporter Nate Carlisle contributed to this story.

Correction: Sunday, May 31, 9:20 p.m.: This story has been updated to reflect the current status of the quoted Facebook posts.

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Man with bow is expected to be charged; Salt Lake City chief decries officer who knocked down elderly man with a cane - Salt Lake Tribune