Archive for the ‘First Amendment’ Category

The First Amendment and the thin blue line – Lexology

If you own private property in the state of Ohio and think you have the right to speak or not speak your mind, meet State Representatives Tim Ginter and Kevin Miller. They have introduced HB No. 712, which would prohibit manufactured home park operators, condominium associations, neighborhood associations, and landlords from restricting the display of the thin blue line flag. If this bill passes, property owners who would prefer not to display the flag which has come to be associated at times with white supremacy movements and those who oppose policing reforms will be compelled, by the force of law to permit a tenant to fly the flag.

This legislation is viewpoint based, compelled speech and anyone who purports to uphold and defend the constitution should be appalled by it. The government has no business telling us what we cant say or, in this case, what we must say. In 1943, the United States Supreme Court, in West Virginia State Board of Education v. Barnette, ruled that a public school could not force a student to recite the Pledge of Allegiance. In doing so, Justice Robert Jackson wrote: If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act their faith therein.

I think of the Barnette case now and then, and consider the courage of the Court to reach that decision in the midst of World War II. It would be nice if Representatives Ginter and Miller would take the time to read it.

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The First Amendment and the thin blue line - Lexology

Governor Stitt Issues EO to Protect Teachers’ First Amendment Rights and Stand Up to Teacher Unions – Oklahoma.gov

Today, Governor Kevin Stitt issued Executive Order 2022-18 to protect Oklahomas teachers and school district employees First Amendment rights by fighting back against liberal teachers unions. With the executive order, Oklahoma educators will be assured of the freedom to decide whether or not to participate in unions, rather than allowing union bosses to intimidate teachers into handing over part of their salaries.

It is time we fight back against the liberal unions that have been keeping a stranglehold on their cut of teacher pay, and stand up for Oklahoma educators first amendment rights, said Governor Stitt. Teachers should know they have the freedom to opt-in not opt-out of unions

The EO urges the State Board of Education to take action to ensure that payroll deductions meet the requirements of state and federal law and that school district employees are fully informed of their First Amendment rights.

This is another step in the right direction to focus our classrooms on parents, teachers and kids, said Secretary of Education Ryan Walters. We are cutting the liberal union chains off of our teachers.

The Executive Orders filing can be found here.

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Governor Stitt Issues EO to Protect Teachers' First Amendment Rights and Stand Up to Teacher Unions - Oklahoma.gov

Cindy Hyde-Smith Raises Concern About The Risk To First Amendment Rights Under The DISCLOSE Act – LiveTube

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Cindy Hyde-Smith Raises Concern About The Risk To First Amendment Rights Under The DISCLOSE Act - LiveTube

He threatened ‘war’ with Mark Brnovich’s office. Now he’s been convicted of cyberstalking – 12news.com KPNX

Chauncey Hollingberry attracted a following on YouTube for recording his interactions with public workers in Arizona. But prosecutors say his actions went too far.

PHOENIX A so-called "First Amendment Auditor" who built a following on YouTube by provoking government workers throughout Arizona has been sentenced to five years of probation for unleashing a harassment campaign against the Arizona Attorney General's Office.

Chauncey Hollingberry, 35, pleaded guilty recently to one count of cyberstalking for posting videos on YouTube that targeted one of Mark Brnovich's employees and encouraging his followers to harass them.

The situation began in 2018 after a complaint was made against a video Hollingberry had uploaded involving the AG's office.

By this time, Hollingberry had accumulated several subscribers online for posting videos of himself conducting "audits" at various schools, police departments, and government buildings. The videos typically capture Hollingberry being told to stop filming inside a building, Hollingberry objecting, and him taunting annoyed security guards.

"Are you a snowflake? Don't melt on me snowflake," Hollingberry can be heard saying during a 2019 video recorded inside the Phoenix Veteran Affairs building.

Hollingberry's YouTube account is reflective of a social movement known as "First Amendment Auditing," which typically involves an individual testing their constitutional rights by filming themselves in public spaces. Some consider these rabble-rousers to be political activists, others accuse them of being confrontational agitators.

The videos that landed Hollingberry in federal court began with police body-worn camera footage depicting employees of the AG's office, public records show. The police were responding to a trespassing call involving the defendant.

After the body-camera footage was uploaded to YouTube, a complaint was made to take it down because it contained the private information of employees from the AG's office.

In retaliation, Hollingberry began targeting a specific female employee of the agency by posting videos -- one of them titled "War on the attorney general's office" -- that mentioned the woman by name. Court records show Hollingberry would ask his followers to help look up the woman's home address and send marijuana to her work office.

"I don't care how much money or time it takes, I'm taking that [expletive] down," the defendant was transcribed as saying in one of his videos, according to court records.

Federal prosecutors say Hollingberry additionally sent several emails to AG's Office staff suggesting he had nude photos of the female employee and accusing her of being a drug addict.

The defendant filmed himself filling out public records requests to obtain the woman's work emails and threatened to sue her for filing the privacy complaint with YouTube.

"I do this all [expletive] day and I will [expletive] your life up if you keep doing this," the defendant was transcribed as saying in one of his videos.

As a result of the harassment, the victim had to have a security detail assigned to her and she limited her movements in public out of fear of running into the defendant, court records show.

Criminal charges were filed against Hollingberry in 2020 and he eventually pleaded guilty to one count of cyberstalking. He was sentenced last week to 60 months of probation after serving 26 months in pretrial detention.

While on probation, Hollingberry is prohibited from contacting the victim and his internet usage will be restricted.

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He threatened 'war' with Mark Brnovich's office. Now he's been convicted of cyberstalking - 12news.com KPNX

Bill to Address Public Meeting Disruptions Signed into Law – The Peoples Vanguard of Davis

A Proud Boys member speaks out in Modesto in June

Special to the Vanguard

Sacramento, CA A recent phenomenon has been the increasing number of peopleparticularly from extremist groups like the Proud Boyswho have disrupted public meetings.

Senator Dave Cortese (D-Silicon Valley) and Assemblymember Evan Low (D-Silicon Valley) introduced a bill, SB 1100, to address the increased number of public meeting disruptions local governments are facing statewide, which was signed into law today by Governor Gavin Newsom.

Last year, as local officials in Silicon Valleyincluding AAPI public officials such as Los Gatos Mayor Marico Sayocfaced an increased number of targeted bullying and harassment efforts statewide, Senator Cortese and Assemblymember Low expressed their support for establishing mechanisms to de-escalate disruptions during public meetings that significantly interrupt public business.

By establishing common-sense mechanisms to deescalate significant disruptions and allow members of a legislative body to return to their important governmental business in a swift manner, SB 1100 would enhance public access to meetings and enhance the democratic process.

We are thrilled that SB 1100 has been signed into law to protect the public, local officials, and the democratic process during our public meetings. Id like to thank Governor Newsom for recognizing the need for this bill and for ensuring public meetings can be safe places where important business can occur and where the public can participate, engage, and be heard, said Senator Dave Cortese, one of the bills authors.

Senator Cortese explained: This was a piece of legislation that our local governments and meeting goers across the state requested, and Im proud that we were able to work with First Amendment advocates and attorneys to craft a solution that could both address the sharp increase in abuse that public officials and meeting attendees were facing while protecting our first amendment rights.

Assemblymember Evan Low added: Hate speech, threats, bullying, harassment, and intimidation at public meetings are absolutely unacceptable. These disruptive behaviors drive people away from civic engagement. This is an important step in maintaining public participation, and I would like to thank the Governor for recognizing the importance of ensuring a safe democratic process.

Senate Bill 1100 provides an important tool to combat the appalling behavior, threats, and intimidation tactics communities have been subjected to at public meetings. Its application will ensure broad participation and protect the productive exchange of ideas essential to our democratic process, said California State Association of Counties Executive Director Graham Knaus.

Kraus continued, We applaud Governor Gavin Newsoms signing of Senate Bill 1100, and we thank Senator Dave Cortese and Assemblymember Evan Low for their advocacy on behalf of this bill and local agencies throughout the state.

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Bill to Address Public Meeting Disruptions Signed into Law - The Peoples Vanguard of Davis