Archive for the ‘First Amendment’ Category

Editorial: First Amendment protects all faiths – NorthJersey.com

NorthJersey 6:00 a.m. ET June 11, 2017

In this Sept. 23, 2016, file photo, Muslim worshippers pray during a service at the Bernards Township Community Center in Basking Ridge.(Photo: Julio Cortez/AP)

The right to worship, or not to worship at all, is one of the basic principles that has guided this nation since its founding. That right, though, increasingly, has come under siege lately as communities in New Jersey and across the country have tried to stymie Muslims in their efforts to practice their faith as they see fit.

As Staff Writer Hannan Adely reported, Muslims from New York to Minnesota are fighting what they believe to be an ongoing anti-Muslim campaign by filing lawsuits whenever they feel threatened. One such case recently involved Bernards Township in Somerset County. The U.S. Department of Justice announced that Bernards Township will pay $3.25 million to a settle a lawsuit over its denial of a permit to build a mosque.

Part of that settlement requires the township to train, within 180 days, all current and future members of its Planning Board and Township Committee in diversity and inclusion, particularly focusing on Islam and Muslims. It should never have had to come to this, not in diversity-rich New Jersey, and not anywhere in this country where people merely seek a place to pray or worship without feeling threatened.

Now, a new and similar case has surfaced in Bayonne, where a Muslim group filed a federal-discrimination lawsuit in late May after the city rejected its plan to convert an old warehouse on a dead-end street into a mosque. Indeed, as anti-Muslim sentiment has increased including reports of anti-mosque fliers being placed in childrens mailboxes at school Muslim groups have remained undeterred, and more determined than ever to press the issue.

Municipalities around the country should pay close attention to what happened in Bernards Township, said Adeel Abdullah Mangi, an attorney representing Muslim groups in the Bernards and Bayonne lawsuits. The American Muslim community has the legal resources, the allies and the determination to stand up for its constitutional rights in court and will do so.

The U.S. Department of Justice, in a report last year, said there had been a sharp increase in the number of its investigations into religious discrimination involving mosques or Islamic schools over the past six years. The same report noted particularly severe discrimination faced by Muslims in land use.

The founders of this nation were not perfect men, but they knew enough to realize the importance of religious liberty, the practical right of individuals to practice their faith without interference from the state. That right is enshrined in the Constitution, and it is going to stay there. Local municipalities around the country opposed to the building of mosques had better get used to the idea.

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Editorial: First Amendment protects all faiths - NorthJersey.com

Mark Levin: CNN Is Destroying the First Amendment Jake Tapper Is ‘Evil’ – Breitbart News

Friday on his nationally syndicated radio show, conservative talker Mark Levin, author of the forthcoming book Rediscovering Americanism: And the Tyranny of Progressivism, read from a Federalist piece by Ben Domenech laying out how Domenech viewed CNNs war on President Donald Trump.

Domenech argued CNN was sacrificing balance and centrism in its quest against Trump.

Levin agreed with Domenechs findings but took it a step further by declaring that CNN was destroying the First Amendment and that Trump was right to say the media are evil in some circumstances and singled out CNNs Jake Tapper.

You can see how CNN has changed its coverage, Levin said. CNN is at war with Trump. CNN is violating CNN is destroying the First Amendment and freedom of the press. And when Jake Tapper says, How dare President [Trump] call us evil? Jake, youre evil. Youre unconscionable. All of you because you know exactly what youre doing. You dont care.

Later in the segment, Levin argued there was more truthful reporting on Russia TV than CNN, adding that he had never watched Russia TV before.

I think you get more truthful reporting on Russia TV, which I have never watched in my life, than you get on CNN, he added. How do I know? Because you dont get truthful reporting on CNN. And you know what youre getting on Russia TV. They call themselves Russia TV. Oh must be about Russia or something, Russia TV. CNN pretends to be something its not an objective news organization. Its not an objective news organization. They got one clown after another, one fool after another, one Democratic appointee after another.

Follow Jeff Poor on Twitter @jeff_poor

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Mark Levin: CNN Is Destroying the First Amendment Jake Tapper Is 'Evil' - Breitbart News

Augmented reality lawsuit provides augmented view of 1st Amendment – Ars Technica

A First Amendment issue is brewing in federal court over a local Wisconsin ordinancethe nation's firstthat requires publishers of augmented reality mobile games like Pokemon Goand Texas Rope 'Em to get a special use permit if their apps require gamers to play in Milwaukee County parks.

A Southern California company called Candy Lab, the maker of Texas Rope 'Em, is suing the county over the requirement that was adopted in February in the wake of the Pokemon Gocraze that resulted in a Milwaukee county park being overrun bya deluge of players. The permit, which costs as much as $1,000, requires estimates for crowd size and the event dates and times. It also calls for plans about garbage collection, bathroom use, on-site security,and medical services.

Candy Lab says it's impossible to comply with the permit for it fledgling app. Candy Lab can neither realistically answer the permit's questions(PDF) nor afford to pay for the other requirements like on-site security when users of its platform hunt for a winning hand in its augmented realityversion of Texas Hold 'Em. Like Niantic's Pokemon Go, Candy Lab's app is built to be played in designated parks and other areas. These types of mobile apps provide users with an augmented and interactive view of the park.

Candy Lab said the county is free to regulate the park however it sees fit. But what it cannot do is impose a permitting process on a game publisher, the company said. The requirement for a "special event permit"amounts to a prior restraint of speech in violation of the First Amendment, the company claims in its lawsuit. (PDF)

Just like the Constitution protects a book publisher from requiring a permit to release a book, Candy Lab says the same is true for augmented reality games that are played in public spaces."They are tying to shoehorn us into this existing permitting scheme for events that are finite in time," Brian Wassom, Candy Lab's attorney, said in a Friday interview. "They're passing two-dimensional laws in a three-dimensional world."

But the county views it from a different dimension, one where augmented reality games like Texas Rope 'Em are not protected by the First Amendment.

"Texas Rope 'Em is not entitled to First Amendment protection because it does not convey any messages or ideas. Unlike books, movies, music, plays and video gamesmediums of expression that typically enjoy First Amendment protectionTexas Rope 'Em has no plot, no storylines, no characters, and no dialogue. All it conveys is a random display of cards and a map. Absent the communicative features that invoke the First Amendment, Candy Lab has no First Amendment claim," the county said. (PDF)

The county said it was aware of the 2011 Supreme Court ruling against California's ban on the sale or rental of violent video games to minors. In coming to that conclusion in Brown v. Entertainment Merchants Association, (PDF) the justices said that video games amounted to speech protected under the First Amendment.But that doesn't mean the same is true when it comes to augmented reality, according to the county.

"No court has yet determined whether an augmented reality game receives First Amendment protection," the county notes in its response to Candy Labs' federal lawsuit."As explained in Brown, the reason that video games receive First Amendment protection is because they communicate ideas and messages through literary devices or through features distinctive to the medium. ...In other words, video games will be protected under theFirst Amendment if they include sufficient communicative, expressive, or informative elements to fall at least within the outer limits of constitutionally protected speech."

Texas Rope 'Em, the county maintains,"has no storylines, no characters, no plot and no dialogue. The player simply views randomly generated cards and travels to locations to get more. That is not the type of speech that demands First Amendment safeguards."The county also claims the app is an illegal form of gambling not entitled to First Amendment protection.

Wassom, the attorney for Candy Lab, told Ars that the county's argument is "ridiculous."

"Those are features of a particular expression of a game," he said. "That doesnt make it not entertainment and not speech."

Niantic, the maker of Pokemon Go, told Ars that "continued innovation and responsible game play, rather than regulation, is the way that developers, players, and their communities will realize the potential of this technology for civic engagement, creative expression, and health."The company said it is working with Milwaukee to help placate its concerns.

"We have worked with parks departments, in Milwaukee and other communities, to optimize the distribution of gameplay including removing or relocating some gameplay locations while adding new ones in other areas and also by adding the ability to control the hours of operation for game locations to conform with local rules," Niantic said.

Wassom said that Candy Lab would formally respond in court to the county's arguments on Wednesday. US District Judge JP Stadtmueller in the Eastern District of Wisconsin has set an April 2018 trial date if no settlement is reached.

Listing image by Candy Lab

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Augmented reality lawsuit provides augmented view of 1st Amendment - Ars Technica

Tuned In To The First Amendment: Court Upholds Satellite Radio’s Right To Choose Advertisers – Forbes


Forbes
Tuned In To The First Amendment: Court Upholds Satellite Radio's Right To Choose Advertisers
Forbes
Business entities have endured increasingly strident criticism of their free speech rights in recent years. Thankfully, the US Supreme Court and most lower federal courts have declined to embrace critics' ideologically-driven perspective that the First ...

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Tuned In To The First Amendment: Court Upholds Satellite Radio's Right To Choose Advertisers - Forbes

Your Turn: Red Alert The First Amendment Is in Danger – BillMoyers.com

Hundreds of people commented on Bernard Weisberger's widely shared article on the dangers Donald Trump poses to press freedom.

Your Turn: Red Alert The First [...]

President Donald Trump speaks during a press conference at the White House on Feb. 16, 2017. Trump berated the media repeatedly, calling CNN, The New York Times and other outlets "dishonest" and "very fake news" for reporting unfavorable stories about him. (Photo by Jabin Botsford/The Washington Post via Getty Images)

In a recent article for BillMoyers.com, Red Alert: The First Amendment Is in Danger, Bernard Weisberger wrote that Donald Trump is threatening freedom of speech in America with his frequent attacks on the press. In Trumps eyes, Weisberger writes, the most villainous persecutors are the mainstream fake news organizations that dare to oppose his actions and expose his lies. Weisberger reminds us that another US president, John Adams, despised criticism and, with the help of Congress, was able to crack down on the press. In the midst of a national emergency in 1798, Adams signed the Sedition Act, a direct violation of the Constitutions guarantee of freedom of speech. A number of journalists were prosecuted and locked up for speech critical of the government. Weisberger says it could happen again.

Hundreds of people wrote on Facebook page in response to the post; a sampling of these lightly edited comments can be seen below, including a response by Weisberger.

BY Bernard Weisberger | June 2, 2017

Excluding the media

Earlier this year at one of Sean Spicers off-camera briefings, The New York Times, CNN and other news sources were excluded. EXCLUDED from an administration-sponsored forum designed to facilitate getting news out! In my mind this is a clear violation of the First Amendment. John Connett

The covfefe heard around the world

Were already experiencing how Trump manipulates the press. For example, when a stupid typo (covfefe) can make the headlines on the first page for a week while shoving the Russian investigation to the back page or not mentioning it at all. Its only one of many examples of how Trump has succeeded Stay focused; we can walk and chew gum at the same time, so prove it and while investigating Trumps numerous missteps and misleads, stop making them the main story for days on end; always keep the Russian investigation on the front burner. Margi Underwood

What about Obama?

How quickly we forgot the Obama administrations war on whistleblowers. Good thing there wasnt any genuine trouble there. Michael Peck [Note: Peck made a number of related comments, which can be viewed in this thread.]

Mr. Peck, you are clutching at straws to make it seem that Obama was no better than Trump is now. Prosecuting those who broke a law against revealing state secrets is not the same as demanding a law that makes it a crime to criticize the president and thereby suppress all political opposition. Bernard Weisberger

One of many threats

The GOP is attacking our Constitution on every front rule of law, free and independent press, free and fair elections, First Amendment guarantee of free speech yet no one seems concerned that America is on the verge of becoming an autocracy! If you havent already, read Timothy Snyders On Tyranny: Twenty Lessons from the Twentieth Century for a reality jolt. Jack Wall

Like Russia or Turkey

Everyone who cares had better contact their senators and representatives because criticism is driving Trump off the cliff. They have already cut off the White House press corps, refuse to answer questions and advocated locking up protestors. How does that make us different from Russia or Turkey or any other authoritarian state? Trump is a baby. He is not strong. He would go to any lengths to shut down the negative press. Beware. It is up to you to protect our Constitution. Trump has never read it. Sheila Karlson

Stifling speech makes us all losers

We have a voice and need to keep using it. Everyone loses when free speech is stifled. Trump and his administration have been trying to undermine and control the media from the beginning of his campaign. We have to continually pull ourselves out of the weeds and not be duped by all the noise. Stay focused and do your research. Dont forget hate begets hate so be careful to not let anger become a distraction. Rhonda Donaldson Combs

Theodore Roosevelt on criticizing the president

To announce that there must be no criticism of the president, or that we are to stand by the president, right or wrong, is not only unpatriotic and servile, but is morally treasonable to the American public. Nothing but the truth should be spoken about him or any one else. Theodore Roosevelt quote, shared by Simone Carbone

Enough with Big Data: Knock on Doors and Talk to Voters

Daily Reads: Trump Allies Mount Incompetence Defense; UK Election Stunner

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Your Turn: Red Alert The First Amendment Is in Danger - BillMoyers.com