Posts Tagged ‘History’
Jack Smith’s requested gag order, like judicial orders restricting Trump’s speech, seeks to balance constitutional rights | The Conversation
In each of former President Donald Trump’s four indictments, he has been allowed to stay out of jail before his trial so long as he abides by certain conditions commonly applied to most people accused of crimes in the U.S. In the federal case in Washington, D.C., that concerns Trump’s alleged efforts to overturn the…
Read MoreJack Smith’s Trump indictment goes where free speech ends and criminal conspiracy begins | The Hill
Before Monday’s additional state indictment in Georgia, former President Trump stood accused in federal court of criminal conspiracy to subvert the 2020 presidential election results. Conspiracy charges, by their very nature, include communication. But on the second page of the federal indictment, in the third enumerated paragraph, the prosecution attempts to make clear that Trump is not being…
Read MoreIndoctrination, Orthodoxy and The First Amendment | Medium
Whether it comes from the right or the left, viewpoint discrimination is poison to democracy. And these days, it is coming from both sides. It is positively Orwellian — each side hopes it can exorcize words and phrases from the lexicon and thereby purge unwanted perspectives from our collective thoughts. Each seeks to cancel the…
Read MoreGiuliani claims the First Amendment lets him lie – 3 essential reads | The Conversation
From The Conversation: In his response to a lawsuit filed by two Georgia election workers who said Rudy Giuliani harmed them by falsely alleging they mishandled ballots in the 2020 presidential election, Giuliani has admitted lying. But he says the women suffered no harm – and claims that his lies are protected by the First Amendment to…
Read MoreWhat the First Amendment really says – 4 basic principles of free speech in the US | The Conversation
Elon Musk has claimed he believes in free speech no matter what. He calls it a bulwark against tyranny in America and promises to reconstruct Twitter, which he now owns, so that its policy on free expression “matches the law.” Yet his grasp of the First Amendment – the law that governs free speech in the U.S.…
Read MoreCommentary: Here’s what diversity is about, Justice Thomas | Albany Times Union
Dear Justice Thomas, I am a professor at Syracuse University. I teach argumentation, advocacy, and First Amendment theory. During oral arguments in the affirmative action cases brought by Students for Fair Admissions against the University of North Carolina and Harvard University you are quoted saying, “I’ve heard the word ‘diversity’ quite a few times, but…
Read MoreA Battle for the Soul of Our Schools | Medium
The current debates about appropriate curriculum and constitutional boundaries inside the classroom are nothing less than a fight for the soul of the educational system in the United States. As Anya Kamenetz, explained in her New York Times essay, the public school system as we know it today was designed as a public good, an inclusive and diverse…
Read MoreHistory Should Serve as a Guidepost to the Supreme Court, Not a Straitjacket | Medium
The simple truth is, the policy impact of the New York gun case recently decided by the Supreme Court, New York State Rifle & Pistol Association v. Bruen (Bruen), is not likely to be significant. Even Justice Thomas’ decision as further refined by the concurring opinions of Justices Kavanaugh and Alito, seemingly provides ample space for regulation…
Read MoreWhat many on the right get wrong about the First Amendment | Washington Post, Made by Histroy
Free speech — and the First Amendment — are major topics of debate in 2022. From former president Barack Obama labeling himself “pretty close to a First Amendment absolutist,” to debates over whether Florida’s legislature punished Disney for exercising free speech by revoking the company’s special improvement district, to conservative howls about censorship on social media, it…
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