Tag: First Amendment

Contributor Post Created with Sketch. The Left Inadvertently Destroyed Playboy Magazine

 
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“Moral values, and a culture and a religion — maintaining these values are far better than laws and regulation.” — Swami Sivananda 

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This story is popping up in my news feed a lot today: Preview Open

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Contributor Post Created with Sketch. Setting The New Yorker Straight on Freedom of Speech

 

free-speech-flagEarlier this month, The New Yorker ran an article by Kelefa Sanneh called, “The Hell You Say,” which purports to examine “the current free-speech debate.” Unfortunately, the article is chock full of inaccuracies and flawed arguments. We simply could not let this slide, so I, along with other staff members at FIRE, have carefully compiled A Dozen Things ‘The New Yorker’ Gets Wrong about Free Speech (And Why It Matters). Why is criticizing this one magazine article important, you might ask? As I say in our rebuttal:

First of all, in a time when people seem increasingly comfortable with book banning, blasphemy laws, hate speech laws, and amending the Constitution to limit the First Amendment, it’s important to take every opportunity we can to correct common misconceptions and explain some of the basics of the deep and profound philosophy behind free speech and the wisdom inherent in First Amendment law. Second, it’s important to take on the growing tide of critics, including authors and even journalists, who rely on freedom of speech but want to dismiss it as something unsophisticated or even dangerous. Whether from Eric Posner, Gary Trudeau, or Noah Feldman, there is a push to dismiss freedom of speech that seems to lionize the fact that other countries limit it. Every single one of these critics should sit down and read Flemming Rose’s book on international censorship, The Tyranny of Silence, before assuming that “enlightened censorship” is either justified or working out well for anyone.

There are ten more things the intrepid staff of the Foundation for Individual Rights in Education believes The New Yorker got wrong about free speech. Here’s the first:

Promoted from the Ricochet Member Feed by Editors Created with Sketch. The Silly and Dangerous Things Senators Say

 

Senator Tammy BaldwinReimagining the First Amendment:

Sen. Tammy Baldwin (D-Wis.) says the 1st Amendment’s religious liberty protections don’t apply to individuals.

On MSNBC last week, Wisconsin’s junior Senator claimed that the Constitution’s protection of the free exercise of religion extends only to religious institutions, and that individual’s do not have a right to the free exercise of their own religion.

Contributor Post Created with Sketch. Oregon: Bakers’ Statements to National Media Were “Unlawful”

 

Most of us probably assume that if legal charges are filed against us and we consider them unjust, we have a First Amendment right to raise a ruckus in the press. But last week’s controversial Oregon cake ruling suggests that some public officials are not so sure about that.

Last week, the Commissioner of the Oregon Bureau of Labor and Industries, Brad Avakian, ordered Melissa and Aaron Klein of Sweet Cakes by Melissa to pay $135,000 in damages, primarily for emotional distress, to a same-sex couple it had turned down for a wedding cake (earlier). In addition, the ruling ordered the Kleins to

Promoted from the Ricochet Member Feed by Editors Created with Sketch. The Great Progressive Rewind: The Left Is in a Word War

 

Note: I should clarify this title, lest I invite confusion: the Left is not so much fighting an intellectual war through words, but one against words. And in this context, words mean spoken words, thoughts, or symbols.

From inane trivialities to proper comedic etiquette to authoritarian speech codes, the Left is deserting an expansive view of free speech that it once nourished during the Progressive Era. Where its forbearers defended with a vigorous voice a more fundamental right to free speech — particularly for those whose opinions were outside the mainstream of American political thought — the modern Left seeks out problematic views and quashes them. Whether inventions of First Amendment exclusions, punishment of climate heresy, or shaming of non-PC humor, the Left finds a new scourge on an almost weekly basis, oftentimes buried in American culture’s most innocuous places.

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Freedom of association is commonly related to the first amendment right to peaceably assemble. If a union can force non-union workers to either join or pay union dues—or lose one’s job, doesn’t that violate the individual’s rights of freedom of association? To put it another way, if the employees of a business vote to unionize, […]

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Contributor Post Created with Sketch. The Wrong Kind of Renaissance: A New Age of Campus Censorship

 

shutterstock_141582367When I published my first book, Unlearning Liberty, in 2012, I felt optimistic that the situation for free speech on campus, though not good by any means, was improving. A lot of the campus censorship efforts had become less ideological and more of the old-fashioned, “Don’t you dare criticize my university” type of censorship. Even the scourge of campus speech codes seemed to be eroding—albeit very slowly in the face of Herculean efforts.

Still, I knew from experience that things could turn around—and, sadly, turn around they have. In the last two years, the intense political correctness of the late 1980s and early ’90s has returned with a vengeance, and we are now experiencing the wrong kind of renaissance.

Yesterday, I examined the contributing forces to this “renaissance” in my latest essay on Minding the Campus. As I write in the piece:

Contributor Post Created with Sketch. The Nature of Defiance

 

MuhammadThere is an argument about Pamela Geller’s cartoon contest, favored by Bill O’Reilly as well as by many garden variety liberal pundits, that goes like this:

Of course the right to free speech is sacred and the murderers who wish to infringe on that right are vile criminals. Our vigor in the defense of free speech, however, (equally obviously) does not mean that we agree with the speech we are defending. The cartoons that Geller assembled are insulting to 1.5 billion, predominantly peaceful Muslims around the world. We can judge Geller offensive or (as Bill O’Reilly does) “stupid” for deliberately mocking the religion of the benign majority just in order to taunt the violent minority.

I can embellish this argument.

Contributor Post Created with Sketch. The First Amendment for Dummies

 

Most of us have some ritual to help bring us to full alertness in the morning. Since it is not socially acceptable to run an IV drip of caffeine directly into your blood stream, most people settle on coffee as their delivery method. I prefer a shot of adrenaline in the morning courtesy of the rage induced by reading the left-wing commentariat.

Take this morning as an example. The left has never been particularly fond of the Bill of Rights, but usually avoids blatant calls to abridge First Amendment protections on speech. Not today. The LA Times, for example, is wondering where free speech ends and hate speech begins. For the Time’s edification, I have included a handy Venn diagram. The yellow circle represents hate speech, and the blue circle represents the applicability of free speech protections.

Contributor Post Created with Sketch. The Libertarian Podcast: “Hollywood, Washington, and Transparency”

 

Are some companies so powerful that the public should have a right to know about their internal deliberations? That’s the argument WikiLeaks offered up when they decided to publish the entire archive of the Sony emails that were hacked last year. In this episode of The Libertarian podcast, Professor Epstein looks at the legal recourses that are available when information that was intended to stay private goes public; the limits of First Amendment protections for people who’ve stolen privileged information; and what it means to live in a world where your every e-mail could someday be newspaper fodder. Listen in below or subscribe to The Libertarian via iTunes or your favorite podcasting app.

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Today in Iowa, Scott Walker was asked about David French’s National Review article on the John Doe investigation. And Milwaukee County DA John Chisholm really, really didn’t like it. Here’s what Walker had to say: Preview Open

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Contributor Post Created with Sketch. Are College Campuses to Blame for the Explosion of Social Media Outrage?

 

I just finished reading Jon Ronson’s So You’ve Been Publicly Shamed which has been getting a ton of press ever since it came out in March. All throughout the book I couldn’t help but see the correlation between the modern social media outrage machine and what colleges seem to be teaching their students.

I posted a review of Ronson’s book over at The Huffington Post, but I wanted to share a snippet of it with my fellow Ricochet readers to see what you think:

Contributor Post Created with Sketch. Ithaca College Student Government Considers Anonymous ‘Microaggression’ Tracking System

 

prevent-snoring-tape-mouthThere is a chilling resolution that is currently under consideration by the Student Government Association (SGA) at Ithaca College, a private university in upstate New York. The resolution, which has the support of many SGA members, seeks to target so-called “microaggressions” on Ithaca’s campus by creating a tracking system that students can use to anonymously report incidents of perceived bias on campus.

For those of you who are unfamiliar with the term, a microaggression is a slight against another person—intentional or not—that is perceived to be discriminatory based on the snubbed person’s race, ethnicity, gender, class, or practically any other characteristic that one might think of. Princeton University students have called microaggressions “papercuts of oppression.”

For my latest op-ed at The Huffington Post, I tackle this resolution because I see it as part of a broader trend on campus to create what I’ve called “a war on candor.” As I write in the piece:

Contributor Post Created with Sketch. Must Read: University Ex-Admin Alleges She Was Pressured to File False Harassment Claim Against Faculty Critic

 

Ever since FIRE launched its Stand Up For Speech Litigation Project last summer, I have been telling everyone to keep an eye on the Chicago State University case. And last week, we were able to learn a little more about why the Chicago State administration needs more public scrutiny. As the Chicago Tribune reports:

The president of Chicago State University tried to pressure a high level administrator to file false claims of sexual harassment against an outspoken professor to help the college try to silence him, according to court documents filed Thursday as part of an ongoing lawsuit. In a sworn statement, LaShondra Peebles, the college’s former interim vice president of enrollment and student affairs, said before she was fired that President Wayne Watson pushed her to accuse Phillip Beverly of sexual harassment, though Peebles said she was never harassed.

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Give Kent Greenfield credit for being frank: he knows the First Amendment protects abhorrent speech, even that of the racists of SAE at the University of Oklahoma — but it ought not: We are told the First Amendment protects the odious because we cannot trust the government to make choices about content on our behalf. […]

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Contributor Post Created with Sketch. FIRE’s Worst for Free Speech Spotlight: Brandeis University

 

And now for the final installment of my Ricochet-exclusive spotlight on FIRE’s “worst” list for campus free speech in 2014. For my third and final spotlight, I want to introduce readers to the single college that has made the worst list more than any other college (finally edging out Syracuse University, which is a twotime recipient of this dubious honor). Here’s the entry for Brandeis:

Brandeis University

Contributor Post Created with Sketch. FIRE’s Worst for Free Speech Spotlight: Modesto Junior College

 

As I announced in my last post, FIRE has revealed its “10 Worst for Free Speech” list. Yesterday, I brought your attention to a worrisome ongoing case at Marquette University. Today, I want to bring your attention to another case that won’t seem to end: Modesto Junior College.

Modesto Junior College (Modesto, Calif.)

Contributor Post Created with Sketch. FIRE’s Worst for Free Speech Spotlight: Marquette University

 

And now for the list you’ve all been waiting for: FIRE’s “10 Worst for Free Speech on Campus” list for 2014. While the phrasing of that title may seem a little odd, we changed it from “Worst Colleges for Free Speech” this year because sometimes outside institutions are major threats to collegiate free speech. For the second year in a row, the Department of Education is likely the biggest threat to free speech on campus. You can brush up on the details in my December 2014 Ricochet post entitled Campus Speech Codes Decline, But Federal Government Threatens to Impose Censorship Codes at 100% of Colleges.

But I wanted to bring Ricochet readers’ attention to a handful of “winners” in particular. One of the most urgent cases here is the one still going on at Marquette University: