Tag: First Amendment

Transgender Tragedy Continues

Transgender student Nicole Maines listens during a hearing before the Maine Supreme Court. A lawsuit accuses a school district of breaking a state law in 2007 when it stopped letting Nicole Maines use the girls’ bathroom and required to her use a staff bathroom after a student’s grandfather complained. Maines was born a boy.

Last week the American Civil Liberties Union sued Alabama state officials in a federal district court on behalf of three transgender individuals. The plaintiffs all suffer from gender dysphoria: Darcy Corbitt and Destiny Clark are men but want to obtain Alabama driver’s licenses that describe them as female; John Doe is female but seeks to change her driver’s license to one identifying her as male.

In this latest court case, the ACLU is challenging the constitutionality of Alabama’s Driver License Policy Order No. 63, which requires that a person either submit an amended birth certificate or “a letter from the physician that performed the reassignment procedure.”

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YouTube and PragerU’s Lawsuit: The Case for Prager


I didn’t want to duplicate anything that had been was written already. It took a while but I read all the comments on Should Conservatives Sue Private Media Companies.

I think people are looking at this the wrong way. Yes, YouTube is a private company, but that isn’t the only consideration at play. Like everyone else, I don’t buy the public forum argument against viewpoint discrimination, unless there’s relevant state law in California on the matter (which was alluded to) or unless there’s evidence that YouTube is using its near monopoly in a way that unfairly stifles competition and violates antitrust law. However, the question isn’t, “did YouTube violate the First Amendment?” The First Amendment case is just one argument PragerU makes in their brief (and the question is about suing).


Trump vs. NBC


So we’re just going to jump into it. Yesterday morning, the President Tweeted the following: “With all of the Fake News coming out of NBC and the Networks, at what point is it appropriate to challenge their License? Bad for country!”

That comment was in response to an NBC news report about a July 20 meeting where the President said he wanted a 10-fold increase in the US nuclear arsenal, and everyone had to patiently explain the costs, the impracticality, and the international agreements that prevented such a thing. It was also after that meeting that Rex Tillerson allegedly called the President a “moron.” (Not only does the President dispute that report, but several other people, including Gen. Mattis, say the report is inaccurate.)

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The Slants Win at the Supreme Court


In January, I posted about Simon Tam and his band The Slants, which had been denied trademark protection on the grounds that the name is racially insensitive and therefore forbidden in the marketplace. This morning I see that Tam has won his case, the Court unanimously concurring but issuing two opinions, one written by Justice Alito and concurred with by the Chief Justice, Justice Thomas, and Justice Breyer; the other by Justice Kennedy who was joined by Justices Kagan, Sotomayor, and Ginsburg in a separate opinion that affirmed in part and concurred in the judgment.

From Alito’s opinion:


FIRE’s 2017 10 Worst Colleges for Free Speech


Unfortunately, it isn’t an easy undertaking deciding which schools belong on FIRE’s “10 worst colleges for free speech” list every year. This year was no exception.

This morning, we at the Foundation for Individual Rights in Education (FIRE) published our annual “worst of the worst” list, which can be read with detailed descriptions of each school’s misdeeds at The Huffington Post.


Mann v. National Review, Judges v. First Amendment


The assault on the First Amendment continues. On December 22, more than two years after it heard our appeal of a lower-court ruling, a sweet-time-taking three-judge panel of the District of Columbia Court of Appeals issued a ruling in the Mann v. National Review case. The case stems from this July 15, 2012 Corner post in which Mark Steyn, quoting in part from something Rand Simberg had posted on the Competitive Enterprise Institute website, laid into global-warmist Penn State prof Michael Mann’s infamous “hockey stick” graph, Mann himself, and his Penn State bosses.

On the ruling’s upside: The court tossed out Mann’s defamation claim against National Review and Rich Lowry over his August, 2012 “Get Lost” NRO piece replying to Mann’s lawsuit threat.


Yes, You Have Free Speech! (Except on 99.9985% of This Campus.)


georgiagwinnettcollege…And except if your expression “disturbs the peace and/or comfort of person(s).” And for only about 18 hours during the week. Otherwise … free speech! So it is at one college.

Alliance Defending Freedom sued Georgia Gwinnett College Monday on behalf of Chike Uzuegbunam, a student who sought to politely share his faith on campus. Despite jumping through several unconstitutional hoops in order to get permission to speak, Chike was nonetheless accused of “disorderly conduct.”