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Welcome back! Freedom in the News will be published on Tuesdays during the 2012-2013 school year.

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September 4, 2012

Five Freedoms

PETA sues Kan. over state fair restrictions People for the Ethical Treatment of Animals is suing to block the Kansas State Fair from forcing the group to shield fairgoers who pass by its booth from images depicting animal slaughter, saying the fair’s action violates the group’s free-speech rights.(AP)

Op-ed: Technology takes freedoms forward, law catches up This is where the story description goes

Rules about wearing military medals again pass 9th Circuit test In its Aug. 28 amended opinion, which took note of a recent related U.S. Supreme Court decision, the 9th U.S. Circuit Court of Appeals said that such deceptive conduct does not infringe on free-speech rights.(FAC)

Op-ed: Appeals Court Revives Teacher's Free-Speech Lawsuit A federal appeals court has revived the First Amendment retaliation lawsuit of an Illinois teacher who contends he was fired after raising public concerns about an alleged student threat against him.(Education Week)

Court rejects First Amendment argument in YouTube death threat case Putting a death threat to music doesn't make it any less real. So opined the 6th Circuit U.S. Court of Appeals Monday in the case of a former East Tennessee soldier convicted of posting a music video on YouTube that contained threats against Knox County Chancellor Mike Moyers. (Knoxville News-Sentinel)

California real estate agent challenging Nebraska licensing law A California-based real estate agent is suing the state of Nebraska, saying the state's requirement that she become licensed in Nebraska in order to market Nebraska homes violates her First Amendment rights.(Lincoln Journal Star)

Panhandling proposal draws civil rights concerns All forms of solicitation would be prohibited in an area of downtown Colorado Springs under a proposed city ordinance that the American Civil Liberties Union of Colorado says would “surely” violate the First Amendment.(Colorado Springs Gazette)

Peaceful begging is protected speech, federal judge in Grand Rapids rules A federal judge has ruled that a state law that criminalizes peaceful panhandling violates the First Amendment.(MLive.com)

Op-ed: Why We Should Care About Big Tobacco's 1st Amendment Rights The court's decision is complicated, but it hinges on the principle that companies (like people) have a right to keep silent, same as they have a right to speak. The government can force a cigarette maker to print factual information on their packaging to protect consumers from being deceived or harmed, but that power does not in fact extend to making each and every Marlboro packet into an ad for an anti-smoking campaign.(The Atlantic)

Del. secret court arbitration ruled unconstitutional The ruling came in a lawsuit filed by the Delaware Coalition for Open Government, which argued that the secret proceedings violated the rights of citizens to attend judicial proceedings and access court records.(AP)

GOP convention protesters blame storm, police for small turnout Protesters blamed Tropical Storm Isaac and a massive police presence for their weak showing today at the Republican National Convention. Only a fraction of the 5,000 expected demonstrators actually turned out to criticize the GOP’s economic and social policies.(AP)

At Tampa convention, protesters can carry guns, but not puppets You might not hear the phrase "First Amendment Zone" during the next two weeks, but protesters at the Democratic and Republican national conventions will be put in their respective places. High-tech gadgets, ATVs, temporary city ordinances and even a tank will be used to control dissenters, part of a $100 million effort to keep the peace in both Tampa and Charlotte.(NBC News)

New police chief plans crackdown on protests at Wis. Capitol The Wisconsin Capitol’s new police chief said Aug. 27 he plans to crack down on protesters who don’t follow the building’s rules because he wants to restore a sense of normalcy and safety to the Statehouse.(AP)

Student Freedoms

Utah school district revises drama policy after backlash The board will require actors to get a parent’s permission slip and drama teachers to seek clearance for plays not on an approved list. It also will put more parents on a committee that selects plays.(AP)

Memphis student newspaper's funding cut reversed Memphis President Shirley Raines called for the investigation earlier this month, after the paper accused the school's Student Activity Fee Allocation committee of basing its decision on committee members' displeasure with the paper's content. At a public institution, the First Amendment prohibits conditioning funding on editors' coverage decisions. (SPLC)

Walker County school official denies some prayer claims In his official response to allegations of First Amendment violations, Walker County Schools Superintendent Damon Raines doesn’t admit to any wrongdoing but does hint at a possible change of course in the future.(Chattanooga Times Free Press)

Muslims From Abroad Are Thriving in Catholic Colleges At those schools, Muslim students, from the United States or abroad, say they prefer a place where talk of religious beliefs and adherence to a religious code are accepted and even encouraged, socially and academically. Correctly or not, many of them say they believe that they are more accepted than they would be at secular schools.(NYT)

Assemblywoman Bonnie Lowenthal Backtracks On Linda Halderman's Anti-Semitism Resolution A state lawmaker on Wednesday promised to introduce a fix to an Assembly resolution that stirred controversy a day earlier because it urged California colleges and universities to crack down on demonstrations against Israel. Assemblywoman Bonnie Lowenthal said she would work on a resolution that affirms free speech rights on campus when the Legislature reconvenes in January. (AP)

The Struggle Continues

Tribes fear loss of public funds with plan for new Moosehead tribe The man who represents the Houlton Band of Maliseet Indians in the Maine House is seeking recognition for another band of Maliseets in Maine, a move that he says will bring economic development to the Greenville area and acknowledge the Moosehead Lake region’s long Native American history.(Bangor Daily News)

‘American Taliban’ seeks group prayer in Ind. prison An American-born Taliban fighter imprisoned in Indiana will try to convince a federal judge in a trial starting today that his religious freedom trumps security concerns. The trial, years in the making, will be closely watched because of its implications for prisoners’ rights in the age of terrorism.(AP)

Conn. prison can censor Hells Angels mail Connecticut prison officials can censor the mail of an inmate who is a member of the World Hells Angels Motorcycle Club without violating the First Amendment, a federal judge has ruled.(FAC)

Judge rules warrant at Funk Fest invalid A federal judge ruled on Friday that the warrant used to search people at Funk Fest in Fayette County three years ago was "not supported by probable cause, and thus violated the Fourth Amendment." (Pittsburgh Post-Gazette)

Op-ed: Texas prisons are too hot Does being locked in a prison cell, during a Texas summer, that is not only unair-conditioned but unventilated, and in which heat indexes can reach 130-plus degrees, constitute cruel and unusual punishment? The Texas Civil Rights Project thinks so, and is suing the Texas Department of Criminal Justice on behalf of several inmates, including some who died in last year's heat wave.(Houston Chronicle)

Federal court rejects new Texas voter photo ID law A tough Texas law requiring voters to show photo identification at the polls discriminates against low-income blacks and Hispanics, a federal court ruled Thursday, wiping out for the November election a measure championed by conservatives and setting up a potential U.S. Supreme Court showdown.(AP)

Native American vote often ignored in campaigns Native Americans are one of the least catered to demographics during election season and their low voter turnout reflects that.(Green Bay Press-Gazette)

Democrats poised to embrace gay marriage Eight years after California Sen. Dianne Feinstein said the push for legalizing same-sex marriage was "too much, too fast, too soon," the Democratic Party will make history Tuesday when it is expected to be the first major party to endorse same-sex marriage in its platform. (SC)

Op-ed: What Needs to Change in U.S. Gun Policy Statistically, I should feel safe, but I don't. I don't feel safe because criminals can easily get high-powered weapons and come to our places of worship, Jewish centers, cafes, movie theatres, schools, political events and many other places with the intent to kill.(HP)

Justice and the Courts

Federal judge sides with Louisiana justice in seniority spat A federal judge Saturday sided with Louisiana Supreme Court Justice Bernette Johnson in her legal effort to become the state's first black chief justice.(AP)

U.S. Supreme Court to review legality of state court class actions At issue is whether a company can be forced to defend itself in a state court, rather than in federal court as it might prefer, when a plaintiff's lawyer has his client sign a binding "stipulation" limiting the size of the case.(Reuters)

Reprieve May Be Last-Minute, but Justices’ Preparation Never Is In remarks at a conference of lawyers specializing in federal death penalty work at a hotel here last month, Mr. Bickell provided a rare inside look at the Supreme Court’s oversight of the machinery of death in the United States.(NYT)

This Day in History

On September 4, 1886, Apache chief Geronimo surrenders to U.S. government troops. For 30 years, the mighty Native American warrior had battled to protect his tribe's homeland; however, by 1886 the Apaches were exhausted and hopelessly outnumbered. General Nelson Miles accepted Geronimo's surrender, making him the last Indian warrior to formally give in to U.S. forces and signaling the end of the Indian Wars in the Southwest (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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