Archive | Freedom of Speech

Movie Censorship

From Reuters (thanks to Victor Steinbok for the pointer): A movie telling the story of [a soccer game] 70 years ago between Nazi soldiers and Ukrainians in occupied Kiev has puzzled Ukrainian regulators who need to decide whether it can be released ahead of the Euro soccer championship. Ukraine’s State Cinema Agency was due to […]

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New York Court Refuses to Dismiss Charges Against Occupy Protester

An interesting decision in People v. Nunez (N.Y. Crim. Ct. Apr. 6, 2012, just posted today on Westlaw). The introduction plus the conclusion: The defendant, a “member” of the “Occupy Wall Street Movement” is charged with Trespass (PL § 140.00[5] ), Disorderly Conduct (PL § 240.20[6] ) and Obstructing Governmental Administration in the Second Degree […]

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Lawsuit Claiming Viewpoint Discrimination Against Anti-President-Bush Protesters May Go Forward

So holds Moss v. United States Secret Service (9th Cir. Apr. 9, 2012). The protesters claim that the Secret Service required them to move further (on public streets) from where the President was staying, ostensibly for security reasons, but did not require this of a similar group of pro-President-Bush demonstrators. The Ninth Circuit holds that […]

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Order Banning Aborted Fetus Pictures Near Boy Scouts Gathering Held Unconstitutional

From today’s Wyoming Supreme Court decision in Operation Save America v. Town of Jackson (Wyo. Apr. 10, 2012); the result seems quite correct to me: Because the TRO imposes content-based restrictions on OSA’s speech in a traditional public forum, the TRO is subject to strict scrutiny. The Town cites the need to protect children attending […]

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Dearborn May Not Require That Demonstrators Waive All Legal Claims

So holds Stand Up For America Now v. City of Dearborn (E.D. Mich. Apr. 5, 2012). Plaintiffs (including Terry Jones, the Koran-burning pastor) asked for a permit to “speak[] to the public from the grassy across from the Dearborn Islamic Center on Saturday, April 7, 2012 [the day before Easter] regarding the dangers of Sharia […]

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May the Government Force You to Print Ideological Materials You Don’t Want to Print?

That’s the question brewing in Lexington, Kentucky. The Gay and Lesbian Services Organization has filed the following complaint with the Lexington Human Rights Commission (paragraph breaks added): The Pride Festival committee of the Gay and Lesbian Services Organization (GLSO) received a quote from Hands On Originals in December by phone (from an employee named Kaleb) […]

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Greek Court Dismisses Defamation-of-Nation Claims Against German Magazine

The AP reports: A Greek court dismissed defamation charges Tuesday against a German magazine that had illustrated an article on Greece’s economic crisis with a doctored photo of the Venus de Milo statue [draped in a Greek flag and raising her middle finger]. The 2010 Focus magazine article, headlined “Cheats in the European family,” appeared […]

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A Crime to Use “Any Electronic or Digital Device” “And Use Any Obscene, Lewd or Profane Language” “With Intent to … Offend”?

That’s what Arizona HB 2549, which was just passed by both houses (though not yet signed by the Governor) provides, in relevant part: It is unlawful for any person, with intent to terrify, intimidate, threaten, harass, annoy or offend, to use a telephone ANY ELECTRONIC OR DIGITAL DEVICE and use any obscene, lewd or profane […]

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District Court Denies Motion for New Trial in Obsidian Finance Group, LLC v. Cox — Next Stop, the Ninth Circuit

Some of our readers have been following Obsidian Finance Group, LLC v. Cox, the libel case in which our local counsel Benjamin Souede and I are representing defendant Crystal Cox. As you may recall, the Nov. 30 opinion in that case concluded, among other things, that only members of the institutional media are entitled to […]

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Argentina Severely Limits Importation of Books — Allegedly Due to Concerns About Lead in the Ink

Juan Carols Hidalgo (Cato@Liberty) writes: The Argentine government has severely restricted the importation of books due to “human health concerns” [in Spanish]. That’s right. According to the government, it can be dangerous to “page through” a book that has high lead quantities in its ink. “If you put you finger in your mouth after paging […]

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Speech as Evidence

A reader pointed to a recent article about a child pornography prosecution. The defendant, it turns out, had posted to Facebook “actively discussing child pornography and methods for downloading pornography from the Internet,” and the FBI apparently used the defendant’s statement (coupled with other statements that showed interest in child pornography) as probable cause to […]

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The Federal Restricted Buildings and Grounds Improvement Act of 2011

Andrew Napolitano condemns this recently enacted statute: Last week, President Obama signed into law the Federal Restricted Buildings and Grounds Improvement Act of 2011. This law permits Secret Service agents to designate any place they wish as a place where free speech, association and petition of the government are prohibited. And it permits the Secret […]

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Senator Santorum’s War on Porn

The Daily Caller reports on Rick Santorum’s promise to go after pornography if he is elected President.  Specifically, Santorum says he will “vigorously” enforce federal laws that “prohibit distribution of hardcore (obscene) pornography on the Internet, on cable/satellite TV, on hotel/motel TV, in retail shops and through the mail or by common carrier.”  This is yet […]

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