By: Hannah Simmons, Staff Member, Vol. 19 On February 13, 2021, former President Donald Trump was acquitted of the impeachment charge alleging that he incited the United States Capitol riots. Even though the Senate did not reach the two-thirds majority needed to convict Trump for his role in inciting the mob to attack the capitol, … Continue reading Is Trump Really Guilty of Incitement?
By: Maian Adams In a 1939 opinion, Justice Owen J. Roberts wrote “[w]herever the title of streets and parks may rest, they have immemorially been held in trust for the use of the public and, time out of mind, have been used for purposes of assembly, communicating thoughts between citizens, and discussing public questions. Such use … Continue reading Social Media: Our Virtual Monopoly #Free Speech
By: Caroline Christman Freedom of Association First Amendment theories suggest that political party affiliation should not be a deciding factor when considering judicial hopefuls. The First Amendment to the U.S. Constitution, which protects free speech, also implies the freedom of association to every U.S. citizen. A bedrock principle for the protection of free speech by … Continue reading A Possible End to Political Party Judicial Requirements
By: Athina Hinson-Boyte Just Mercy In December, the film adaptation of Bryan Stevenson’s book, Just Mercy was released in theaters. It tells the true story of Walter McMillian, a young black man who was sentenced to death for a murder he did not commit. The book shows the injustices and racism of the criminal system … Continue reading Book Bans: First Amendment Violation of Prisoners
We're nearing the first day of summer! Here is some First Amendment news to begin the new season! As was noted in an earlier Newsflash!, a family bakery in Oberlin, Ohio brought a libel lawsuit against Oberlin College earlier this year. An altercation between one of the bakery’s white employees and a black patron resulted … Continue reading NEWSFLASH! 5/27-6/10
Happy Monday! Here is your latest First Amendment News! The ACLU has filed a lawsuit against Department of Homeland Security alleging that border agents are warrantlessly searching travelers’ electronic devices in violation of their Fourth and First Amendment rights. In a motion for summary judgement, the organization claims that such searches have the potential to chill speech because … Continue reading NEWSFLASH! 4/29-5/13
By: Alison J. Rossi Early in summer of 2018, the Supreme Court of the United States unanimously ruled that a North Carolina law that banned convicted sex offenders from accessing or using social media websites was unconstitutional. In Packinham v. North Carolina, the Court ruled North Carolina’s law violated the First Amendment. This case has … Continue reading Packingham v. North Carolina: Court Protects Sex Offenders First Amendment Rights to the Internet.
Happy Wintry Monday! Hope all that are affected by the snow are safe and warm!! Here is the latest First Amendment news to check out while you sip your hot cocoa! Lawyers for WikiLeaks asked a federal judge on Friday, December 7th, to dismiss a Democratic National Committee lawsuit over the anti-secrecy group's publication of party data … Continue reading NEWSFLASH!!
By Daniel J. Root The case and the controversy Last June, the Supreme Court in Janus v. AFSCME, Council 31 overturned a forty-one-year-old precedent. At issue was whether public employees who are not union members can be required to pay union dues. Under Abood v. Detroit Board of Education, non-union members could be required to … Continue reading Not Peace, but a Sword: Janus and the weaponizing of free speech
The Supreme Court recently held in Janus v. AFSCME, Council 31that a state law requiring non-union workers to subsidize public union activities violates the free speech rights of non-members by forcing them to subsidize private speech regarding matters of public concern. Despite the obvious, this decision does not have to be a disaster for public … Continue reading A More Perfect Union? The Future of Public Unions in the Wake of Janus. By Brandon Mayes