The Foundation for Individual Rights in Education released a report on August 31st highlighting a growing pattern of university students and outside groups calling for schools to punish professors for statements they made on sensitive political issues. The study showed that the number of targeting incidents against professors has risen precipitously since 2015.
On January 8th, the Supreme Court agreed to hear a case involving a high school student who was suspended from her cheerleading team for a Snapchat selfie she made after school hours. The lower courts are currently split as to whether a school can discipline off-campus speech that is substantially disruptive and closesly linked to school.
The report details 35 incidents of universities punishing students or faculty for speech online, and 10 universities with policies in place that FIRE says give administrators “immense power to punish large swaths of speech.” According to the advocacy group, many public universities are acting like the First Amendment applies differently to online speech.
Although many countries across the globe have laws prohibiting hate speech, the United States protects offensive speech about certain groups that historically have been subject to discrimination. This guide explores the First Amendment issues that arise from attempting to regulate hate speech. The guide also goes into existing limitations on expression, including incitement to imminent lawless action, fighting words, true threats, and harassment.
The Virginia code dates back to George Washington’s 1776 “Order Against Profanity” which was used to keep soldiers from engaging in “the foolish and wicked practice of profane cursing and swearing.”
A city council in Eureka, California is planning to amend a 2016 ordinance that regulated “aggressive and intrusive” panhandling after concerns that the law likely violated the First Amendment.
The California Supreme Court unanimously overturned the death sentence of a white supremacist after finding that the prosecution erred by […]
The U.S. Court of Appeals for the Ninth Circuit overturned a lower court’s ruling that had dismissed a lawsuit brought […]