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Someone asked recently why we have posted the First Amendment as a regular feature on this page.

Well its just a reminder that we can all have a voice in the defense and perpetuation of our great Democratic Republic.

The fact is, many people make reference to the First Amendment when theyve never actually read it, or else they havent read it in a very long time.

The First Amendment is the front door of our great Constitution. Without it, claiming the many protections for the individual in this document would be a cumbersome and inefficient process.

There have been efforts through the years to erode the First Amendment, but fortunately the concept attributed to Voltaire and echoed by Patrick Henry has prevailed. I disapprove of what you say, but I will defend to the death your right to say it.

Such a noble stand!

Routinely we get comments from the public that paraphrased collectively say, He shouldnt be allowed to say that.

Well, we do have libel and slander laws which establish some parameters on our speech, but those provisions allow for evidence and a process of jurisprudence.

But the aforementioned reference, He shouldnt be allowed to say that typically involves contrasting opinions that come in the purview of fair game and often involves politics.

Keep in mind that the First Amendment also addresses freedom of religion, freedom of the press, the right to peacefully assemble and the right to petition the government for a redress of grievances.

The First Amendment is sort of an antidote to tyrants, big and small. It embraces concepts foreign to many governments around the world. It provides for broad discourse and robust debate elements that helped found our nation.Simply put, its the crown jewel of our Constitution and metaphorically speaking, should be worn on our sleeves!

Continue reading here:
First Amendment: Crown jewel of our Constitution - Moultrie Observer

Its Sunshine Week in the Sunshine State, and not just because its Spring Break.

Since 2005, open government and freedom of information advocates have designated March 13-19 as a time to celebrate public transparency and raise awareness about the critical importance of access to government records.

Sunshine Week is timed to coincide with the birthday of James Madison, author of the First Amendment.

True to form, the First Amendment Foundation has been busy at the Florida Capitol battling to ensure the publics right to know. The Tallahassee-based nonprofit helped restructure a bill this week that would have severely limited access to information if the government decided not to comply with public records laws.

Floridas sunshinelaw says that it is the policy of this state that all state, county, and municipal records shall at all times be open for a personal inspection by any person.But the only real recourse against a government officer or agency that refuses to hand over public informationis to challenge them in court.

That can be expensive. As a safeguard, if a judge rules that the government violated public records laws, then the government must pay the record requesters attorneys fees.

The mandatory provision creates a level playing field for someone who can afford to pay for an attorney and those who cannot, according to the First Amendment Foundation.

Putting aside the issue of awarding attorneys fees with taxpayer money, a new bill would have made the mandatory fee provision optional. By changing the word must to shall, a judge could deny fees even if the court rules in favor of the citizen.

The potential consequences are enormous.

Without a penalty provision when the government is wrong, there is no incentive to be transparent and provide citizens with access to information about governmental decision-making. The result will be fewer challenges brought by citizens, which will certainly result in less government transparency, says the First Amendment Foundation.

But Tuesday, a compromise was reached and the Senate Judiciary Committee unanimously approved it.

Under the bill as amended in committee, the fee provision remains mandatory, Barbara Petersen, the foundations executive director, told Watchdog.org.

Petersen sounded the alarm about the proposal in February, then outlineda fix, and recently worked with Sen. Greg Steube, R-Sarasota, the bills sponsor, and the Florida League of Cities to amend the bill.

As part of the compromise, the bill also includes a five-day notice requirement that would alert a public records custodian of a pending records request before a lawsuit can be filed, and an additional provision that allows courts to crack down on improper records requests the issue Steubes bill initially sought to address.

Hisapproach, however, also would have penalized legitimate inquiries and legal challenges.

In recent years, lawmakers have decried a cottage industry of records requests that are intended to trigger sunshine violations. Petersen calls them predatory requests.

Theyre designed to fail, she told Watchdog.org. When the agency doesnt respond, or doesnt respond quickly enough, then the requester files suit in civil court. A few days later, they call up the agency and offer to settle for a financial payout with the promise of dropping the lawsuit.

In 2014, the issue became a statewide concern when a circuit court judge ruled that Jeffrey Gray, a self-described civil rights activist from northeast Florida, was engaged in a baiting gesture meant to achieve personal financial gain, rather than a genuine effort to obtainpublic information.

According to the Florida Bar, the ruling said Gray had been a plaintiff in 18 separate lawsuits involving public records requests in Duval County, and that Grays lawyer had paid him when attorneys fees were recovered. The judgment said the practice was nothing more than a scam.

Knocking out Floridas mandatory fee provision would haltfrivolous, harassing and disingenuous records requestsdesigned to force sunshine violations, but not without collateral damage.

In doing that, the bill wouldnt just punish the people who are taking advantage of the system, but the 99 percent of people who make requests because theyre legitimately seeking public records, Petersen said.

The amendment adopted this week should fix that.

If Steubes amended bill becomes law, not only will courts continue to award attorneys fees when the government wrongfully withholds public information, but courts also would be able to assess attorneys fees against anyone who attempts to profit from scamming Floridas public records system.

See the article here:
Sunshine Week: First Amendment Foundation goes to bat for ... - Florida Politics (blog)

Steamboat Springs District Judge Shelley Hill on Thursday ruled that a Jan. 26 court hearing should not have been closed to the public, and the transcripts should be released.

On Jan. 26, a preliminary hearing for Miguel Diaz-Martinez was scheduled. Diaz-Martinez has been charged with 41 felonies related to accusations that he exchanged drugs for sex with underage girls.

Diaz-Martinez ultimately decided he did not want a preliminary hearing, and the case was bound over to District Court, where felonies are heard.

It was disclosed in court during the Jan. 26 hearing that Diaz-Martinez had been offered a plea deal.

In a rare move, Routt County Judge James Garrecht offered to close his courtroom to the public for a few minutes. District Attorney Brett Barkey said he wanted to state the plea deal on the record, but he did not think it was appropriate in this case to do it publicly.

The Steamboat Pilot & Today requested the transcripts, believing court should not have been held in secret.

Hill agreed.

Once the public is excluded, that First Amendment right has been abridged, Hill said.

The defense and prosecution argued that releasing the transcript containing the plea offer would harm the ability to seat an impartial jury. They were concerned that, if an impartial jury could not be found, the trial would have to be held in another county.

Because of that, District Attorney Brett Barkey said there was an overriding and compelling interest to close the courtroom to the public.

As we all know, there is a clash between two constitutional divisions, Hill said.

The First Amendment guarantees freedom of the press, while the Sixth Amendment guarantees a person the right to a fair trial.

Hill said there were times when the freedom of the press might be limited, but she had the ability to ensure Diaz-Martinez still receives a fair trial.

Hill said pre-trial media coverage helps ensure an open, competent judicial system based on integrity and fundamental fairness.

Without constitutional freedom of the press and public scrutiny, government, including the judicial, and for trials themselves, could easily become secret proceedings where fundamental fairness could always be suspect, Hill said.

The court is preparing the transcripts for the Steamboat Pilot & Today.

On Thursday, Diaz-Martinez was scheduled for an arraignment to either plead guilty or not guilty to the charges. The arraignment was postponed until 2:30 p.m. April 26.

Also on Thursday, Hill partially denied a request from the Steamboat Pilot & Today to take photos in the courtroom.

The defense did not want photos taken, because it felt doing so might endanger Diaz-Martinezs right to a fair trial.

Hill ruled photos could not be taken while Diaz-Martinez appeared in jail clothing. Diaz-Martinez was still in custody and in jail clothing Thursday.

Photos will be allowed if there is a trial. During trials, defendants are allowed to wear normal clothing to avoid the appearance of guilt in front of jurors.

The Steamboat Pilot & Today will still not be allowed to show Diaz-Martinez wearing shackles.

To reach Matt Stensland, call 970-871-4247, email mstensland@SteamboatToday.com or follow him on Twitter @SBTStensland

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1st Amendment triumphs in court | Craig Daily Press - Craig Daily Press

Very fake MSM tries to set the narrative. The left wing disingenuous Old Gray Lady is upset along with very fake journalists. When I write a letter to this newspaper I am expressing an opinion based on facts collected from multiple sources. When journalists speak or write today they disseminate opinion instead of being objective reporting the truth. Theres a new sheriff in town, DJT, and he sets the narrative.

Celebrities, very fake forth estate, dedicated left wing crybabies and never Trumpers you can all whine until the cows come home. You see, while youve been acting out infantile temper tantrums, the Donald and his minions have been swamp draining in D.C. This is evident by all the leaking of sensitive information meant to embarrass or dissuade the administration.

As a former associate professor of management and an organizational development trainer for a large corporation, here are couple things I taught: 1) Dont put stuff in writing thats not factual or true lest it come back to bite you. 2) If you want to find organizational leaks, plant disinformation with the suspect leakers. Youll find out where the leaks came from. I had 17 different jobs with the same company for 25 years. Many of my assignments were spent as a fixer. Some of us, like DJT know that, in any organization, there are many imbeds that need a job change. That includes reporters with an agenda. When DJT scolds the MSM he is merely exercising free speech as protected by the First Amendment.

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Letter: Trump and the First Amendment - Twin Falls Times-News

Ronald Reagan

On MARCH 15, 1941, Franklin Roosevelt warned at the dinner of White House correspondents: Modern tyrants find it necessary to eliminate all democracies. A few weeks ago I spoke of freedom of speech and expression, freedom of every person to worship God in his own way. If we fail if democracy is superseded by slavery then those freedoms, or even the mention of them, will become forbidden things. Centuries will pass before they can be revived. When dictatorships disintegrate and pray God that will be sooner then our country must continue to play its great part. May it be said of us in the days to come that our children and our childrens children rise up and call us blessed.

The Senate voted down letting children voluntarily pray in public schools on March 15, 1984.

President Reagan said: I am deeply disappointed that, although a majority of the Senate voted for it, the school prayer amendment fell short.

On Sept. 25, 1982, Ronald Reagan said: Unfortunately, in the last two decades weve experienced an onslaught of such twisted logic that if Alice were visiting America, she might think shed never left Wonderland. Were told that it somehow violates the rights of others to permit students in school who desire to pray to do so. Clearly this infringes on the freedom of those who choose to pray, the freedom taken for granted since the time of our Founding Fathers.

Reagan continued: To prevent those who believe in God from expressing their faith is an outrage. The relentless drive to eliminate God from our schools should be stopped.

Ronald Reagan said Feb. 25, 1984: Sometimes I cant help but feel the First Amendment is being turned on its head.

Ronald Reagan stated in a Q & A session, Oct. 13, 1983: The First Amendment has been twisted to the point that freedom of religion is in danger of becoming freedom from religion.

Reagan told the Alabama Legislature, March 15, 1982: To those who cite the First Amendment as reason for excluding God from more and more of our institutions and everyday life, may I just say: The First Amendment of the Constitution was not written to protect the people of this country from religious values; it was written to protect religious values from government tyranny.

Discover more of Bill Federers eye-opening books and videos in the WND Superstore!

Ronald Reagan stated in a radio address, 1982: The Constitution was never meant to prevent people from praying; its declared purpose was to protect their freedom to pray.

Ronald Reagan stated in a radio address, Feb. 25, 1984: Former Supreme Court Justice Potter Stewart noted if religious exercises are held to be impermissible activity in schools, religion is placed at an artificial and state-created disadvantage. Permission for such exercises for those who want them is necessary if the schools are truly to be neutral in the matter of religion. And a refusal to permit them is seen not as the realization of state neutrality, but rather as the establishment of a religion of secularism.

Ronald Reagan told the Annual Convention of the National Religious Broadcasters, Jan. 30, 1984: I was pleased last year to proclaim 1983 the Year of the Bible. But, you know, a group called the ACLU severely criticized me for doing that. Well, I wear their indictment like a badge of honor.

Ronald Reagan worded it differently on the National Day of Prayer, May 6, 1982: Well-meaning Americans in the name of freedom have taken freedom away. For the sake of religious tolerance, theyve forbidden religious practice.

Ronald Reagan stated at an Ecumenical Prayer Breakfast, Aug. 23, 1984: The frustrating thing is that those who are attacking religion claim they are doing it in the name of tolerance and freedom and open-mindedness. Question: Isnt the real truth that they are intolerant of religion?

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Discover more of Bill Federers eye-opening books and videos in the WND Superstore!

Read more from the original source:
What the 1st Amendment does - WND.com