Posts Tagged ‘SCOTUS’
Jack 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 MoreThere is no First Amendment right to violence | New York Daily News
In his farewell address to Congress, Rep. Adam Kinzinger chastised his Republican colleagues for justifying the Jan. 6 attack on the Capitol as “legitimate political discourse.” As the Jan. 6 Committee report made clear, while the message of Trump supporters might be protected political speech, the medium used by the insurrectionists — violent attacks on…
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 MoreThe Anti-Abortion Movement’s Attempt to Criminalize Abortion Speech | Ms. Magazine
Censorship is a dirty word in America, and so it should be. It imposes silence upon speech, creating an empty void which instead should be filled with debate and discussion. As anti-abortion lawmakers continue to draft legislation to limit abortion access, opponents of new bans are horrified by the sweeping prohibitions lurking within—such as proposals that…
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 MoreDepp v Heard: The jury’s burden | The Hill
Millions of dollars were at stake in the voyeuristic defamation case between Johnny Depp and Amber Heard. But if either of them believed this action was going to salvage their reputations and vindicate them, they were sadly mistaken. They were also mistaken if they believed this was going to be a cake walk for either of them.…
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…
Read MoreThe Right to Be Free of Discrimination vs the Right to Free Speech | Medium
Let’s be clear, it is wrong to discriminate against other human beings for any reason. It is ugly; it is unfair; it is dishonorable. But it is also wrong, unfair, and dishonorable to force a person to testify against their interests; to force a person to pray to a god they don’t believe in; to…
Read MoreAmerica Has a Free Speech Problem — Response to New York Times Editorial | Medium
Suzanne Nossel, chief executive of PEN America, hit the nail on the head when she described the free speech problem in America: “There’s a crisis around the freedom of speech now because many people don’t understand it, they weren’t taught what it means and why it matters.” As a professor at Syracuse University who…
Read MoreFreedom Speaks Over the Howl of Anti-Protest Legislation | Medium
Since 2017, 36 states have enacted legislation that restricts the right to protest on public streets and rights of way. Such legislation has taken on new life in the aftermath of growing civil rights protests and current Covid-19 vaccination mandates. However, such bills often wrongly conflate the right to engage in sometimes hyperbolic, discordant, or anger-inducing speech with conduct…
Read More