Punishing Disney for Opposing Florida’s ‘Don’t Say Gay’ Law Poses Serious First Amendment Problems
Florida has placed itself at odds with the well-settled First Amendment rule prohibiting government officials from “subjecting an individual to retaliatory actions . . . for speaking out.” Hartman v. Moore, 547 U.S. 250 (2006).
New Survey Reveals Most Americans Value the First Amendment But are Divided on Key Issues
A new survey released by the Freedom Forum entitled, “The First Amendment: Where America Stands,” reveals that while 94% of Americans value the First Amendment as vital, they are nonetheless divided on certain key issues. Many Americans appear reluctant to engage in speech that may be seen as controversial. According to the survey of 3,000 Americans in July and August 2020, more than four in 10 people say that, at least once, they haven’t expressed an opinion out of fear of being punished.
Texas Community College Sued for Violating Former Professor’s First Amendment Rights
Collin College, a community college in McKinney, Texas is being sued by a former professor for violating her free speech and assembly rights. In a lawsuit filed on September 22nd in the U.S. District Court in the Eastern District of Texas Sherman Division, Suzanne Jones alleges that Collin College administrators pushed her out for criticizing the school’s COVID-19 response, and in retaliation for two previous incidents in 2017 and 2020.
Two police unions in Minnesota have advocated for a University of Minnesota student government leader to face punishment—both criminally and from within the university—for her anti-police comments. If acted upon, the request would result in a violation of the First Amendment and, in all likelihood, considerable damage in the form of a chilling effect on student discourse.
Troubling State Bills in Rhode Island, New Hampshire Take Aim at Teaching “Divisive Concepts”
Recently introduced legislation in Rhode Island and New Hampshire continues the trend of state legislatures taking aim at the teaching of “divisive concepts” about race and gender in higher education. The bills, like their counterparts in other states, are deeply flawed and pose a threat to free speech and academic freedom.
Justice Gorsuch Questions the Reduction of Parental Control in Cheerleader Case
A key argument advanced in Mahanoy Area School District v. B.L. over the frustrated cheerleader kicked off her squad for an off-campus social media post concerns that of parental rights. Brandi Levy vented her frustration at not making the varsity squad with a string of “f-bombs”on Snapchat. She made her now infamous post on a Saturday outside a convenience store with a friend.
Can a Public Body Censure Its Members Without Raising First Amendment Concerns?
A public body censures one of its members who had been criticizing the body, filing lawsuits against the body, and accusing the body of not complying with state law. The public body then censures the member. The member claims that the censure was a retaliatory act against his critical speech. This scenario forms the basis of the case, Houston Community College System v. Wilson, that the Supreme Court will review this term.
Justices Question Whether Student’s Snapchat Rant Caused a Substantial Disruption
In oral arguments on April 28th in a case involving a former high school student kicked off her cheerleading squad for a profane social media post, the Court explored whether school officials could discipline the student under the Supreme Court’s decision in Tinker v. Des Moines Independent Community School District (1969).