Featured FEN Organizations
July 28th, 2010
Why the Claremont University Consortium Should Revise Its Policy on ‘Bias Related Incidents’
Last week, I wrote about an exchange between FIRE and Washington State University (WSU) that led WSU to promise to make changes to its "Bias Hotline" policy that would bring the policy into compliance with the First Amendment. I wrote that a revision along such lines would be a great benefit to students on WSU's campus, and that more universities should do the same in light of the abuses of bias incident policies that we see each year. (Indeed, in our 2009 Spotlight report (PDF) on speech codes, we highlighted these policies and their proclivity for being used to restrict constitutionally protected expression.)
In my discussion of WSU's Bias Hotline policy, I highlighted some of the abuses FIRE has seen of such policies, all at the Claremont University Consortium (CUC). Suffice it to say that you could draw all of the examples needed to illustrate the problems with bias incident policies solely from the cases we have witnessed at the CUC's five undergraduate campuses—Pomona College, Scripps College, Harvey Mudd College, Claremont McKenna College, and Pitzer College.
Recently, Robert A. Walton, Chief Executive Officer of the CUC, wrote us earlier this month in response to ...
July 28th, 2010
The Intellectual Freedom Round Table (IFRT) has begun a monthly video series to promote intellectual freedom among ALA members. IFRT chair, Loida Garcia-Febo, the creator of the series, has the following to share:
My vision for this video series is to put Intellectual Freedom and Human Rights on the agenda of library workers. As chair of the Intellectual Freedom Round Table, I would like every ALA member to know more about the work we engage in and the reasons for it. I find that videos are a powerful tool to accomplish this task.
The IFRT community is composed of terrific colleagues and I want to share that with our membership. Our first video features Barbara Jones, director of the ALA Office for Intellectual Freedom, who will share news about issues dealt with by her office. Other videos feature Kent Oliver, president of the Freedom to Read Foundation, Dr. Carrie Gardner, Martin Garnar, Douglas Archer, and Carolyn Caywood. International colleagues working in the area of human rights also are scheduled to participate during the next few months.
We hope you enjoy these videos. If you have any topics you would like to see featured in upcoming videos, please contact Loida ...
July 28th, 2010
Four months after he was threatened with "detention" and then forced to endure a disciplinary process that put his and his family's livelihoods at risk, Isaac Rosenbloom is again able to pursue advanced training as a paramedic at Mississippi's Hinds Community College (HCC). HCC has finally reversed his punishment for swearing a single time outside of class. Rosenbloom, who supports his wife and two young children as an emergency medical technician, was barred from one of his classes and denied financial aid before FIRE was able to get his case resolved.
Rosenbloom's ordeal began on March 29, 2010, when professor Barbara Pyle and a few students stayed after class to discuss the students' grades. At one point, in the doorway of the room, Rosenbloom said to a fellow student that his grade was "going to f--- up my entire GPA."
According to Rosenbloom's account in a recording of his April 6 hearing, Pyle began to yell and told him that his language was unacceptable and that she was giving him "detention." Rosenbloom replied, accurately, that detention was not a punishment at HCC. Pyle then told him that she was sending him to the dean. She submitted a disciplinary complaint against ...
July 28th, 2010
NJ Library Removes LGBT Book, Calling It “Child Pornography”
The public library system for Burlington County, New Jersey, has ordered that all copies of Amy Sonnie’s Revolutionary Voices: A Multicultural Queer Youth Anthology, which the library director labeled as “child pornography,” be removed from library shelves.
Library director Gail Sweet ordered the book’s removal without having followed a formal book challenge process. Instead, she acted on an informal complaint from a member of the local chapter of Fox News commentator Glenn Beck’s 9.12 Project. obtained by American Civil Liberties Union of New Jersey show that the complaint was made by Project member Beverly Marinelli, who is also credited with persuading Rancocas Valley Regional High School to ban the same book in May.
The Thomas Jefferson Center For the Protection of Free Expression
July 28th, 2010
5th Circuit strikes down part of university’s free-speech policy
NEW ORLEANS — A federal appeals court said universities cannot require a security fee for speaking on campus without any guidelines for what security is needed.
The 5th U.S. Circuit Court of Appeals ruled yesterday that Southeastern Louisiana University's free-speech policy is unconstitutionally vague on that point.
Jeremy Sonnier challenged the policy after trying to evangelize individual students on Nov. 19, 2007. He was told to leave because he hadn't applied for a permit seven days earlier.
The 5th Circuit noted that Sonnier challenged five provisions of the speech policy: “(1) the seven-day notice requirement; (2) the two-hour, once-per week limitation; (3) the collection of personal information; (4) the security fee requirement; and (5) the limitation of speech to three specific locations.”
Yesterday’s majority ruling in Sonnier v. Crane rejected Sonnier’s challenges against the other provisions of the free-speech policy.
5th Circuit Judge James L. Dennis agreed with his colleagues on the three-judge panel that the security-fee provision should be struck down. Dennis went further, however, arguing that at least as applied to Sonnier, the other provisions were also unconstitutional.
Sonnier’s case will now return to the federal trial court.
First Amendment Center Online staff contributed to this report.
July 28th, 2010
Neb. town settles lawsuit brought by Westboro churchwoman
LINCOLN, Neb. — An Omaha suburb has paid a member of a Kansas church that protests at soldiers' funerals $17,000. In exchange, Shirley Phelps-Roper has dropped her lawsuit against Bellevue.
The settlement with Westboro Baptist Church, which claims that U.S. troop deaths are punishment for the nation's tolerance of homosexuality, was signed last week. Phelps-Roper’s lawsuit had sought to declare unconstitutional and bar enforcement of the city of Bellevue's practice of issuing permits to hold protests within city limits.
The church says the settlement demonstrates that responding to public anger by taking action against the church costs taxpayers.
City attorney Michael Polk didn't respond to a message seeking comment for this article.
Phelps-Roper was arrested during a 2007 protest in Bellevue after she and her son allegedly desecrated the U.S. flag.
The settlement was signed the same day that a federal judge, with agreement from Nebraska Attorney General Jon Bruning, permanently stopped the state’s flag-desecration law from being enforced. The judge and other state officials agreed that the law was unconstitutional.
July 28th, 2010
Tenn. governor candidate questions whether Islam is a ‘cult’
NASHVILLE, Tenn. — Republican gubernatorial candidate Ron Ramsey is being criticized by a national Muslim advocacy group for questioning whether Islam is more of a cult than a a religion.
At an event in Chattanooga earlier this month, Ramsey said: "You could even argue whether that being a Muslim is actually a religion, or is it a nationality, way of life, cult or whatever you want to call it?" CNN reported that Ramsey also said that although he supported religious freedom, such freedom may not include allowing "sharia (Islamic) law into the state of Tennessee ... into the United States."
Ibrahim Hooper, spokesman for the Washington-based Council on American-Islamic Relations, said Ramsey's comments were a sign of "a disturbing trend in our nation in which it is suggested that American Muslims should have fewer or more restricted constitutional rights than citizens of other faiths."
Hooper urged Ramsey to meet with members of the Muslim community in Tennessee, "who can offer him balanced and accurate information about Islam."
Ramsey issued a statement in response saying he was concerned that "far too much of Islam has come to resemble a violent political philosophy more than peace-loving religion."
"It's time for American Muslims ...
July 28th, 2010
Congress votes to protect U.S. authors from foreign libel judgments
WASHINGTON — Congress yesterday passed a bill that would protect American authors, journalists and publishers from foreign libel judgments that undermine the U.S. guarantee of free speech.
The House approved the legislation by voice vote and sent it to President Barack Obama.
Under the bill, H.R. 2765, U.S. federal courts would be prevented from recognizing or enforcing a foreign judgment for defamation that is inconsistent with freedom of speech as guaranteed by the First Amendment.
Defendants in foreign cases could obtain a U.S. court order declaring that a foreign judgment would not be enforceable under American law.
The bill’s sponsor, Rep. Steve Cohen, D-Tenn., says foreign defamation laws lack the free-speech protections of the U.S. Constitution.
July 27th, 2010
Senate GOP Blocks Election Transparency, Baucus Responds with Constitutional Amendment
Republicans succeeded today in blocking Senate consideration of the DISCLOSE Act, a modest first attempt to start reigning in the money-in-politics free-for-all the Supreme Court set loose in January’s Citizens United decision.
The successful filibuster of DISCLOSE is frustrating, but it makes one thing very clear: the only way for voters to fully take back our democracy is to pass a Constitutional Amendment undoing the damage of Citizens United.
After the Senate’s vote on DISCLOSE, Sen. Max Baucus introduced a resolution calling for just such an amendment:
Baucus said:
The impact of Citizens United goes well beyond merely changing campaign finance law. This decision will impact the ability of Congress, as well as State and local legislatures, to pass laws designed to protect its constituents—individual Americans—when such legislation comes under fierce objection by large corporations. Corporations are now free to spend millions targeting individual lawmakers. Lawmakers’ ability to pass laws such as consumer safety or investor protection now faces even greater challenges when such laws merely threaten the corporate bottom line.
Congress and the American people must respond swiftly and firmly. The Supreme Court’s ruling in Citizens United has severely altered Congress’s ability to limit corporate spending in our ...
July 27th, 2010
LIGATT Security Tries to Silence its Online Critics With an Unsubstantiated Lawsuit
LIGATT Security, a controversial Georgia-based computer security firm, is embroiled in an ongoing flame war with its online detractors, who question the firm's legitimacy and stock prospects. Earlier this month, LIGATT upped the ante by filing suit in a Georgia court, threatening about 25 anonymous commenters on Yahoo! Message Boards and demanding a $5 million judgment and a court order prohibiting criticism. LIGATT CEO warned that he hoped the lawsuit would "set a trend" for other OTC companies facing online critics.
We hope not. EFF is frequently called upon to help protect the rights of anonymous speakers in similar suits, and the world does not need more facially deficient lawsuits targeting online critics. As we explain below, this complaint is a prime example of a case that should be dismissed. And, if LIGATT attempts to use this complaint to subpoena Yahoo! for the identities of its critics, the subpoenas might not only fail, but LIGATT may be forced to pay its critics' attorneys' fees.
It is not surprising that LIGATT has attracted controversy and commentary. The publicly traded company is headed by Gregory Evans, a self-described "media personality" who calls himself the "World's #1 Hacker." Evans' books include "Memoirs ...