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The last issue of Freedom in the News for the 2011-2012 school year will be published on June 12. The newsletter will be back in late August.

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June 5, 2012

Five Freedoms

DOJ agrees some Watergate papers should be released The U.S. Department of Justice says at least some materials sealed as part of the court case against seven men involved in the 1972 Watergate burglary should be released. (AP)

Julian Assange loses appeal against extradition Britain's Supreme Court ruled on Wednesday WikiLeaks founder Julian Assange can be extradited to Sweden over alleged sex crimes, leaving the Australian with few legal options after an 18-month legal battle.(Reuters)

N.Y. appellate court: Calling someone gay isn’t slander A mid-level appeals court wiped out decades of rulings yesterday, including its own, to say that society no longer treats false comments that someone is gay, lesbian or bisexual as defamation. Without defamation, there is no longer slander, the court ruled in Yonaty v. Mincolla.(AP)

Legal battle over Twitter subpoena heats up Electronic privacy advocates on Thursday weighed in on a high-stakes legal fight over online communications, arguing that a subpoena seeking an Occupy Wall Street protester's tweets violates his rights to free speech and privacy. (Reuters)

Polish Premier Denounces Obama for Referring to a ‘Polish Death Camp’ The contretemps offer a vivid illustration of the power of a president’s words, particularly when they touch on an issue of raw and lingering sensitivity, like the fact that Nazi Germany’s most notorious concentration camps were in Poland.(NYT)

D.C. Circuit rules against ex-Gitmo prosecutor A divided federal appeals court on June 1 threw out a lawsuit by the former chief military prosecutor at Guantanamo Bay against his former boss at the Library of Congress, who fired the ex-prosecutor for publicly criticizing the Obama administration over Guantanamo detainees.(AP)

Mo. high court strikes down part of harassment law The Missouri Supreme Court cited free-speech concerns yesterday in striking down part of a state harassment law that was enacted after a teenager who was teased over the Internet committed suicide.(AP)

Family may keep autopsy photos private, court says Family members have a constitutional right to keep a loved one's autopsy photos private and can sue law enforcement officers who release the pictures to the news media, a federal appeals court ruled Tuesday. (SC)

MSNBC's Chris Hayes Sorry for Saying He's 'Uncomfortable' Calling Dead Soldiers 'Heroes' MSNBC host Chris Hayes made a Memorial Day apology after saying he was "uncomfortable" referring to soldiers killed in combat as "heroes." (Reuters)

Idaho: Five Wives Vodka offensive to residents Idaho State Liquor Division administrator Jeff Anderson said the brand was offensive to Mormons, who make up more than a quarter of Idaho’s population. As a rule, Mormons don’t drink alcohol.(AP)

'Let's Go Thunder' copyright claim is rejected by U.S. Supreme Court The U.S. Supreme Court on Monday declined to hear an appeal from a man who claimed common fan phrases for the Oklahoma City Thunder NBA team were protected by copyright since he put them in a song. (NYT)

Don't taze us, we're with the media As the line between press and protester blurs, more and more reporters are getting cuffed--and worse--as they cover the counterculture (Boston Phoenix)

'First Amendment rights can be terminated': When cops, cameras don't mix The National Press Photographers Association claims it has documented 70 such arrests since September and, in May, called on U.S. Attorney General Eric Holder to focus attention on the issue.(MSNBC)

Newspapers Cut Days From Publishing Week Newspaper executives across the industry lament the loss of the daily print paper, but concede they might follow the same path.(NYT)

Jury: Va. newspaper libeled assistant principal In court, Webb’s attorney said the newspaper implied that Kevin Webb had received preferential treatment from the school system because of his father’s job at Oscar Smith High School. He said the newspaper had no proof of any misconduct and that the story damaged his reputation.(AP)

Judge rejects Amish hate crime challenge The religious beliefs of victims of alleged beard- and hair-cutting attacks in Ohio Amish country are what matters in the case, not those of the defendants, a federal judge ruled Thursday in rejecting the defendants' challenges of the federal hate crimes law.(Lancaster Eagle-Gazette)

Tenn. judge won’t stop mosque construction Opponents of a mosque being built in Tennessee got the government decision that approved it overturned June 1, but they lost their bid to stop construction immediately.(AP)

Op-ed: Why We Fear Mormons This election, regardless of outcome, unquestionably pushes the United States onto new political terrain because neither candidate represents the religious old guard. But until Americans work through our contradictory impulses regarding faith, diversity and freedom, there is no reason to believe anti-Mormonism will go away anytime soon.(NYT)

Protesters March To Cardinal’s Home To Support Nuns In Dispute With Vatican Chicago is one of more than 50 cities in which similar processions and rallies are taking place this week. Supporters of the nuns say it could trigger the biggest exodus of Catholics from the pews since early in the clergy sex abuse scandal.(CBS Chicago)

City's bill for lawsuits on handling of Iraq war protest: $11 million When the final bill for a2003 anti-war march lawsuit brought by hundreds of people Chicago police arrested came before the city’s Finance Committee Monday, aldermen were looking at a figure nearly twice the size of the $6.2 million settlement reached in February. (CT)

Student Freedoms

Aldermen: Saggy pants disrupt schools Ald. Emma Mitts, 37th, pushed a resolution asserting that "gangster-style clothing" — including saggy pants, sideways baseball caps, designer shoes and excessive jewelry — disrupts learning, increases violence, and puts an emotional and financial strain on parents.(CT)

‘I Apologize,’ Ex-Rutgers Student Says Before Going to Jail A former Rutgers University student who used a webcam to spy on his roommate’s intimate encounter with another man days before the roommate killed himself apologized on Tuesday and said he had accepted responsibility for what he had done.(AP)

Parents of Rutgers Spying Victim Reject Roommate’s Apology The parents of a Rutgers University freshman who killed himself days after his roommate used a webcam to spy on his intimate encounter with another man rejected the roommate’s written apology as a “public relations piece” on Thursday.(AP)

‘Coming Out’: Gay Teenagers, in Their Own Words The Times spoke with or e-mailed nearly 100 gay, lesbian, bisexual or transgender teenagers from all of parts of the country — from rural areas to urban centers, from supportive environments to hostile ones. The newspaper contacted them through various advocacy groups, as well as through social networking sites like YouTube, Twitter and Facebook.(NYT)

Wash. principal upset by letters G-A-Y in newspaper word search The appearance of the letters “G-A-Y” in a word search was nearly enough to persuade the principal of Port Angeles High School not to allow distribution of the Timberline student newspaper. (SPLC)

Giles school board votes to remove Ten Commandments display from Narrows High The Giles County School Board voted today to remove a copy of the Ten Commandments that has hung on a wall of Narrows High School during a year and a half of controversy and litigation. (Roanoke Times)

Amity BOE Considers Expanding Drug Dog Use The Amity Board of Education’s policy committee on Tuesday night agreed to recommend to the full board a change in policy verbiage that would allow drug-sniffing dogs to sniff students when there is suspicion of drugs.(Bethwood Patch)

The Struggle Continues

Dharun Ravi sentencing in Rutgers webcam case rekindles hate debate A week before Dharun Ravi was sentenced to jail for using a webcam to spy on a gay college roommate who later killed himself, supporters rallied behind him, arguing that New Jersey laws should be changed so that someone in his situation could not be found guilty of a hate crime.(AP)

Students Press for Action on Immigration Young illegal immigrants, saying President Obama has done little to diminish the threat of deportations they face despite repeated promises, have started a campaign to press him to use executive powers to allow them to remain legally in the country.(NYT)

Union president and investigator for Union County Prosecutor's Office says his First Amendment rights were violated A union president who also is an investigator for the Union County Prosecutor’s Office says his First Amendment rights were violated when he was suspended for his e-mail criticizing his employer.(New Jersey Star-Ledger)

Public-Place Laws Tighten Rein on Sex Offenders The proliferation of such restrictions reflects the continued concerns of parents and lawmakers about potential recidivism among sex offenders. But it has also increasingly raised questions about their effectiveness, as well as their fairness.(NYT)

Sex offenders challenge laws banning Facebook access as violation of 1st Amendment rights Registered sex offenders who have been banned from social networking websites are fighting back in the nation's courts, successfully challenging many of the restrictions as infringements on free speech and their right to participate in common online discussions.(AP)

Border Patrol Crossed Line in Migrants Bust The federal appeals court in Pasadena reversed Heriberto Perea-Rey's 2010 guilty-plea conviction for harboring aliens, finding that the Border Patrol's "warrantless incursion into the curtilage of [his] home" had violated the Calexico, Calif. resident's rights under the Fourth Amendment. (Courthouse News)

Federal judge cancels Ore. jail’s postcard-only policy An Oregon county jail’s policy of limiting inmate mail to postcards likely violates the First Amendment, a federal district court has ruled, granting a preliminary injunction preventing enforcement of the policy.(FAC)

Sisters Want Brother Who Killed Their Kids Spared Cliff Johnson, a Jackson attorney helping the sisters, said Monday that the case is unusual because the victims are asking for clemency for the attacker.(AP)

After Illinois ban, death penalty foe takes sense of mission to Tennessee Since Illinois ended capital punishment, the cadre of attorneys who practiced what many say is the most emotionally taxing kind of law has splintered. That is especially true of attorneys employed by the state to handle appeals for death row inmates.(CT)

SuperPAC legislation approved in Illinois Under the legislation, donation restrictions would go away if a superPAC spends $100,000 or more on a local race and $250,000 or more on a statewide race. A superPAC spends money to influence the outcome of an election without coordinating its activities with a political candidate. (CT)

From Alabama, an epic challenge to voting rights A lawsuit later brought by Shelby County, where Calera is situated, seeks to strike down the law's requirement that Alabama and other states with a history of discrimination obtain federal approval for any changes to districting and ballot rules. They argue that this federal "preclearance" obligation, mandated by Section 5 of the Voting Rights Act, is an outdated, unfair and unconstitutional relic of an Old South that no longer exists. (Reuters)

Nonpartisan Primaries Face Test in California On Tuesday, for the first time, California voters will participate in a nonpartisan primary. Instead of the top candidate from each party advancing to the general election, the two candidates with the most votes will be placed on the November ballot, regardless of party affiliation.(NYT)

Supreme Court rejects bribery appeal from former Ala. Gov. Siegelman The Supreme Court turned down an appeal Monday from former Alabama Gov. Don Siegelman challenging his bribery conviction, leaving in place rulings that say prosecutors and jurors can decide when a favor based on a campaign contribution amounts to a bribe. (CT)

Federal appeals court in Boston rules Defense of Marriage Act unconstitutional The federal law, known as DOMA, defines marriage as a union of a man and a woman when it comes to federal laws and regulations, consequently limiting federal benefits such as Social Security survivor benefits and the ability to file joint taxes to heterosexual couples.(BG)

Suits aim to legalize gay marriage in Illinois Is this couple in their Norwood Park brick bungalow, putting their 2½-year-old down for a nap and burping their newborn, inferior to other couples because they are both women? Under current Illinois law, yes.(CST)

Alameda Gun Ban Fight May Be Finally Finished The full 9th Circuit shot down the 12-year-old challenge gun show promoters brought against an Alameda County weapons ban, in the court's third consideration of the case. (Courthouse News)

Gun advocates take aim at Orlando gun-law staffer Gun-rights advocates are squaring off against Orlando Mayor Buddy Dyer for hiring a new city employee to spearhead the city's fight against illegal guns. Dyer said the city is simply targeting so-called "crime guns" that end up in the hands of felons. But a gun-rights group argues that public employees shouldn't be trying to erode the Second Amendment right to bear arms (Orlando Sentinel)

Gun rights constitutional amendment clears Senate, headed for November ballot With the backing of the influential National Rifle Association and Gov. Bobby Jindal, Sen. Neil Riser, R-Columbia, pushed the measure to put Louisiana law in line with recent U.S. Supreme Court cases that struck down local weapons bans. Riser said the additional state protection is needed to clarify Louisiana law and protect gun owners from the actions of future lawmakers and jurists.(New Orleans Times-Picayune)

Mexican ambassador calls 2nd Amendment fears 'gobbledygook' In a slap at gun-rights advocates, the Mexican ambassador to the U.S. dismissed accusations that Mexico is seeking to undermine the Second Amendment in order to curb the influx of U.S.-purchased guns.(HC)

Revealed: Hundreds of words to avoid using online if you don't want the government spying on you (and they include 'pork', 'cloud' and 'Mexico') Released under a freedom of information request, the information sheds new light on how government analysts are instructed to patrol the internet searching for domestic and external threats. (Daily Mail)

Watching Big Brother: Privacy Board Delayed Congress is considering legislation allowing the government to search through Internet traffic for early warnings of cyberattacks. The bills are controversial — worries about government surveillance have led to protests online.(NPR)

Welfare drug testing proposal nixed for fifth consecutive year For the fifth consecutive year, lawmakers have spiked a proposal that would mandate the drug testing of certain applicants for cash public assistance.(New Orleans Times-Picayune)

Church lifts land clause Church lifts use restrictions for property in Wellesley Sarah Wunsch, a staff attorney for the ACLU, told the Globe last month that the restrictions essentially allowed “a religious entity to control what the public can do with public property.” Now, according to the amendment to the purchase and sale, those restrictions have been replaced with the requirement that the town use the land for “municipal purposes” for the next 40 years. (BG)

Smokers can light up once again at state parks in the city after officials halted a ban following an objection from a pro-smoking group Officials were forced to shelve the restrictions after the city-based group Citizens Lobbying Against Smoker Harassment (CLASH) filed formal objections to the policy. (New York Daily News)

Tavern owners sue city over impending smoking ban The operators of eight bars, and at least one smoker, have filed federal lawsuits against Indianapolis' smoking ban which goes into effect this Friday. (Fox 59)

Justice and the Courts

Supreme Court backs Secret Service arrest of man confronting Cheney The Supreme Court shielded two Secret Service agents from being sued for having arrested a Colorado man who confronted former Vice President Dick Cheney on the street and said his "policies on Iraq are disgusting." (LAT)

'Influence, gratitude, access not corruption' The U.S. Supreme Court will go behind closed doors June 14 to decide what to do about Montana's cheeky slap at Citizens United vs. FEC, the high court ruling that opened the gates to hundreds of millions in corporate independent political expenditures. (UPI)

Stevens: Second thoughts likely in Citizens United Former U.S. Supreme Court Justice John Paul Stevens has said he expects the court has already had second thoughts about parts of its controversial Citizens United ruling that eased restrictions on corporate spending in political campaigns.(AP)

Supreme Court won't review SPD use of Taser on pregnant woman The U.S. Supreme Court on Tuesday let stand a lower-court ruling that could expose police to liability for the inappropriate use of Tasers that included a 2004 incident in which three Seattle officers used the stun gun on a pregnant woman during a traffic stop.(Seattle Times)

This Day in History

On June 5, 1968 Senator Robert Kennedy is shot at the Ambassador Hotel in Los Angeles after winning the California presidential primary. Immediately after he announced to his cheering supporters that the country was ready to end its fractious divisions, Kennedy was shot several times by the 22-year-old Palestinian Sirhan Sirhan. He died a day later. (History.com)

Source Abbreviations:

AP: Associated Press; BBC: British Broadcasting Corporation; BG: Boston Globe; BS: Baltimore Sun; BW: Business Week; CR: Chicago Reader; CSM: Christian Science Monitor; CST: Chicago Sun-Times; CT: Chicago Tribune; DH: Daily Herald; DMN: Dallas Morning DP: Denver Post; Drudge Report; EP: Editor & Publisher; FAC: First Amendment Center; HC: Houston Chronicle; HP: Huffington Post; IHT: International Herald Tribune; LAT: Los Angeles Times; MH: Miami Herald; MJS: Milwaukee Journal-Sentinel; NW: Newsweek; NYT: New York Times; PI: Philadelphia Inquirer; PEIJ: Project for Excellence in Journalism; RCP: Real Clear Politics; SC: San Francisco Chronicle; SJR: State Journal-Register; SLPD: St. Louis Post-Dispatch; SPI: Seattle Post-Intelligencer; SPLC: Student Press Law Center; SPT: St. Petersburg Times; ST: Seattle Times; TH: Townhall.com; UNWP: U.S. News and World Report; USA: USA Today; WP: Washington Post; WSJ: Wall Street Journal; WT: Washington Times.

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