Archive for the ‘First Amendment’ Category

Appeals Court Hears First Amendment Tattoo Case – Courthouse News Service

CHICAGO (CN) The Seventh Circuit heard oral arguments Friday about whether Chicago police officers tattoos are protected by the First Amendment or whether they can be required to cover them up.

In mid-2015, former police superintendant Gary McCarthy implemented a policy requiring Chicago police officers to cover up any visible tattoos while on duty. Tattooed officers were required to wear long sleeves, even during the hot summer, or wear cover-up tape.

Three officers filed a federal lawsuit challenging the policy on First Amendment grounds.

Lead plaintiff Officer Daniel Medici, an Iraq War veteran, has a wings-and-halo tattoo in remembrance of his fallen comrades. The two other plaintiffs, Officers John Kukielka and Dennis Leet, each have a religious tattoo of St. Michael, the patron saint of police.

At oral arguments Friday, U.S. Circuit Judge Richard Posner wanted to know, How does a halo with wings communicate something about people killed in combat?

The officers attorney Linda Friedman said, The symbol is one recognized in the military, but would not go so far as to say it would be readily recognized as a war memorial by a person on the street in Chicago.

The judges were skeptical that the officers could recover any monetary damages for emotional injuries allegedly caused by the policy, which was only enforced for nine months before an arbitrator found that it violated the police unions contract.

The Chicago Police Department scrapped the rules in September, citing the need to boost morale.

But the Seventh Circuit panel also questioned the citys stated interest in preserving the uniformity and professionalism of the force.

Dont you have to say why uniformity is important? Judge Kenneth Ripple asked city attorney Stephen Collins. Uniformity and professionalism we hear that a lot, and it strikes me like a buzzword. What does the city gain by making an officer wear long sleeves in the summer to cover up a halo with wings?

Posner proposed that perhaps a citizen, seeing an officers tattoo of St. Michael, might suppose they were being pulled over for violating the policemans religious sensibilities.

But that has to be in the record, Ripple said.

Judge Diane Sykes sought to compare the tattoo policy to a prohibition on jewelry with a religious connotation, such as a crucifix, but Collins was not familiar with the departments policy.

Judge Ripple said he would be concerned if he was pulled over by an officer wearing a Masonic ring.

In rebuttal, Friedman informed the panel that the uniform policies allow officers to wear up to three rings, and do not regulate the content of those rings.

So an officer could wear a KKK ring, but not a tattoo of St. Michael? Ripple asked.

That is correct, Friedman said.

She repeatedly told the judges that no citizen had ever complained about an officers tattoos, and the policy was simply a result of the former superintendants personal dislike of tattoos.

Friedman asked the panel to reverse the dismissal of the case on standing grounds and allow the officers a trial on the question of damages.

It is unclear when the Seventh Circuit will rule in the case.

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Appeals Court Hears First Amendment Tattoo Case - Courthouse News Service

The First Amendment Appears in Arabic in Campaign From the ACLU – Creativity


Creativity
The First Amendment Appears in Arabic in Campaign From the ACLU
Creativity
This bold campaign from the American Civil Liberties Union sets out to show how powerful the First Amendment is -- in any language. Conceived out of New York-based Emergence Creative, the out-of-home effort simply, in black and white, features the ...

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The First Amendment Appears in Arabic in Campaign From the ACLU - Creativity

The First Amendment Looks Beautiful in Any Language | American … – ACLU (blog)

If you find yourself in Times Square between now and June, look up. You may catch a glimpse of the First Amendment in Spanish, English, and Arabic.

The ad on the Reuters Digital Tower at 3 Times Square is part of an ACLU campaign to raise awareness about First Amendment rights and remind people that the Constitution is for all of us, no matter who you are or what language you speak.

In addition to the Times Square billboard, the ads were unveiled at 30 bus shelters across Washington, D.C. The First Amendment in all three languages is also displayed on a fence in the Williamsburg neighborhood of Brooklyn and will appear on a wall in the arts district of downtown Los Angeles.

Additional ads may appear in other cities and in other languages in the coming days and weeks.

The idea for the campaign came about shortly after Donald Trump was elected president on a wave of anti-immigrant hysteria and a pledge to ban Muslims from entering the United States. It was conceived of by the agency Emergence Creative, which approached the ACLU with the idea in December 2016.

In addition to protecting freedom of speech, freedom of the press, and freedom to peaceably protest, the First Amendment protects the right to practice your religion and not be discriminated against for doing so.

Because so much of the ACLUs work involves protecting First Amendment rights, and because we now have a president that openly disdains such freedoms, it seemed like a good time to point out the We the People means everyone.

Several advertising vendors refused to run the campaign. Representatives who handle advertising space for New Yorks Metropolitan Transit Authority and Washingtons Metropolitan Area Transit Authority declined, saying they did not accept issue oriented advertising.However, the vendors who did offer space did so at a substantial discount in part because they wanted to support the effort.

The First Amendment ads will run in Times Square through June, appearing twice an hour for 15 seconds on the electronic billboard at Reuters Digital Tower, 3 Times Square. The ads in Washington will appear on 30 bus shelters across the city for four weeks.

Any advertisers who would like to donate space should contact the ACLU.

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The First Amendment Looks Beautiful in Any Language | American ... - ACLU (blog)

Charleston tour guides say city is muzzling their first amendment rights – WCBD News 2


WCBD News 2
Charleston tour guides say city is muzzling their first amendment rights
WCBD News 2
The Institute, a libertarian non-profit based in Arlington, Va., has already won similar lawsuits dealing with the First Amendment in Washington, D.C., Philadelphia and Charleston. The judge in this case will issue his decision in the coming weeks, but ...

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Charleston tour guides say city is muzzling their first amendment rights - WCBD News 2

Making Academic and Legal First Amendment Issues More Accessible – Ricochet.com

Some Ricochet readers may already be familiar with the First Amendment Library, launched last November and maintained by the non-partisan non-profit Foundation for Individual Rights in Education (FIRE, where I work). Today, weintroduced a First Amendment Glossary to the library. Featuring definitions and explanations for over 75 terms commonly associated with First Amendment law, we hope this glossary gives people the resources to feel confident entering discussions related to free speech.

For those interested in going beyond the definitions featured, our glossary also serves as a great jumping off point for conducting additional research. Many of the meanings and applications for the terms featured in this glossary have evolved over time, so we have included links that take readers to other parts of the library which offer further explanations and added context.

For example, clicking on obscene material points readers to the portion of FIREs Guide to Free Speech on Campus which provides further analysis of the Miller v. California (1973) test for obscenity. If readers are interested in viewing Miller or any other Supreme Court opinion related to obscenity, the links included in the definition direct readers to related opinions in the librarys First Amendment Case Database.

Here at FIRE we are uniquely understanding of the fact that most people, especially students busy with class work and extracurriculars, do not have the time to sit down and read through the seemingly endless amount of First Amendment scholarship and case law available. Now though, understanding the difference between expressive association and intimate association just a few clicks away. We hope this glossary, along with other library resources, gives readers the foundation required to intelligently argue for and protect their civil liberties.

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Making Academic and Legal First Amendment Issues More Accessible - Ricochet.com