Archive for the ‘First Amendment’ Category

Chiloquin settles First Amendment lawsuit | News | heraldandnews … – Herald and News

A freedom of speech lawsuit against the city of Chiloquin has been settled out of court and a motion to dismiss the suit was approved Friday.

Plaintiff Richard Twamley confirmed Monday his lawsuit against the city was resolved through a settlement agreed upon by both parties. Twamley said he found the terms of the settlement agreeable, but said specific details were under seal and wont be made public.

Twamley said he would need to contact his attorney before offering further comment.

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He sued Chiloquin and former Mayor Joe Hobbs Oct. 27, 2016, for an incident Dec. 15, 2015, during which Hobbs allegedly denied Twamley an opportunity to speak during public comment at a city council meeting. Twamley sought $1.7 million for the denial of his First Amendment rights as well as emotional distress.

According to the lawsuit, Twamley intended to speak to the council that night regarding a 2014 legal settlement between the city and the Chiloquin Rodeo Association, which Richard Twamley said occurred without proper authority. Twamley said his comments were ruled out of order by Hobbs and the plaintiff was not allowed to continue speaking on the topic.

At the beginning of council meetings in Chiloquin, a disclaimer is read saying officials will rule out of order comments of a discrediting nature, as well as personal attacks on officials and city personnel.

A response to Twamleys allegations was not filed in court by Chiloquin. A representative of City Hall could not be reached Monday for comment due to the federal holiday.

Twamley has been an outspoken critic of Chiloquin along with his wife, former Mayor Patricia Twamley, and Dennis Jefcoat, who acted as Patricia Twamleys adviser. In addition to letters to the editor printed in the Herald and News, the three each filed lawsuits against Chiloquin, though Patricia Twamleys suit was settled in the citys favor in 2014 and Jefcoats suit was dismissed for lack of evidence in 2016.

When asked Monday if he will continue to voice criticisms of the city, Richard Twamley said he would need to consult his attorney before responding to the question.

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Chiloquin settles First Amendment lawsuit | News | heraldandnews ... - Herald and News

Regent Richards says 1st Amendment ‘bedrock of our freedom’ – Radio Iowa

Michael Richards

A doctor turned businessman whos served since last spring on the board that oversees the three state universities is pledging his full support of tenure for professors and the free speech rights of campus protesters.

Im a strong supporter of freedom and that includes free speech and academic freedom in and outside of the classroom or on the campus and in the community, even if that free speech or those ideas differ from my own. The First Amendment is the bedrock of our freedom, Michael Richards, a member of the Board of Regents, saidMonday afternoon.

Richards has served on the boardsince last May. Hes a 1967 graduate of Osage High School and a graduate of the University of Iowa College of Medicine.

Last year, when there was an open Regents seatI volunteered, so that I might give something back to the state that has given so much to me and allowed so many opportunities, Richards said.

Richards current term on the Board of Regents expires in 2021, but he must get yes votes from 34 of the 50 state senators to win confirmation and remain on the board. On Monday afternoon, Richardswas quizzed by members ofthe Iowa Senate Education Committee.

Democrats on the committee asked him about bills Senate Republicans are hoping to pass and he gave careful answers. One bill would no longer let University of Iowa researchers use stem cells in their research. Richard didnt say whether he supports or opposes that bill.

As a practicing physician for 22 years, I support medical research, Richards said. Senator Liz Mathis pressed him, asking again: Including fetal tissue? Richard replied. I have supported medical research and Im not opposed to medical research.

Another bill essentially would get rid of the guns free zone designations for the three college campuses. Richards didnt say whether he supports the idea of letting people legally carry concealed weapons on the campuses, but he did tell legislators the Regents and the university presidents, rather than legislators, should make that decision.

With respect to guns on campus, I think the primary concern is to keep our students and faculty and staff safe, Richards said. I believe its best left up to the institutions to determine the best way to do that. I also believe there is a role for the Board of Regents in reviewing that.

Thecurrent president of the Board of Regents is leaving the board when his term expires in two months. Richards doesnot want that job.

No! Richards forcefullytold reporters after the meeting. I dont.

Richards, who lives in West Des Moines, is currently the managing partner of a business in Orange City that makes equipment used in medical facilities and the aerospace industry.

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Regent Richards says 1st Amendment 'bedrock of our freedom' - Radio Iowa

This Presidents’ Day, defend the First Amendment – The Hill (blog)

In many ways, free speech is the right that protects all others, reinforcing every freedom that we hold dear and that so many have fought and died for.

This Presidents' Day, we should reflect on the reasons our Founding Fathers enshrined this right in our First Amendment. And we must acknowledge that this fundamental right is under attackeven for those who have fought to protect it.

Brandon Coleman, a Marine Corps veteran, began working as a therapist at the VA hospital in Phoenix to provide care for his brothers and sisters in arms. When he found that veterans there were dying due to negligence, he spoke upand for that, he was punished. When he told management what was going on, they told him thats how people get fired. They even tried to use his own personal medical records against him, and issued a gag order to silence him.

Colemans VA experience reminds of President Abraham Lincoln, who famously said that we as a nation will never be destroyed from the outside. "If destruction be our lot, we must ourselves be its author and finisher, he said if the United States loses its freedoms, it will be because we destroyed ourselves.

Veterans like Brandon fought to defend us against external threats, but more and more are realizing that the biggest threat to our freedom is a government that is quick to limit our inalienable rights. The oath servicemen and women take to support and defend our Constitution doesnt end when we hang up our uniforms and return to civilian life.

Brandons case is one of many instances in which the very same government thats supposed to be protecting the right to free speech has tried to suppress it. Its not just happening at the VAlook at the way the government has intimidated religious groups by leaking donor lists, or the scandal at the Internal Revenue Service (IRS), in which the agency targeted certain groups because of their views on public policy.

Time and again, the government has silenced those it disagrees with by using citizens private information against them. Which makes it all the more concerning that a growing number of states are now trying to get more information about Americans who exercise their First Amendment rights.

In South Carolina, legislation was recently filed in the state Senate that would force essentially every nonprofit organization that educates citizens about public policy to disclose to the government the names, addresses, and employers of supporters who donate more than a certain dollar amount. Similar efforts have surfaced in both Nebraska and South Dakota. Touted under the banner of transparency, these so-called disclosure laws are nothing more than thinly-veiled attacks on free speech.

Throughout our history, the First Amendment has allowed citizens to challenge the government and powerful groups in all sectors, rooting out fraud and corruption. It has allowed marginalized groups to speak out against injustice, spurring progress toward equality. It has allowed millions of Americans to contribute to a marketplace of ideas, fostering a free society, a thriving culture and the largest economy in the world.

All too often today, our free speech right that was designed to hold the government accountable is being used by the government to harass, intimidate, and silence the very citizens the right is meant to protect.

With a new administration and a new Congress, there may now be a real opportunity to scale back and prevent further threats facing our First Amendment rights. But during these turbulent political times, we cant take that for granted.

Abolition, the womens movement, civil rights the inalienable right to free speech is what gave the foot soldiers in all of these movements the ability to speak up for themselves. Now that free speech is under attack, will we speak up for it?

Mark Lucas is the executive director of Concerned Veterans for America.

The views expressed by this author are their own and are not the views of The Hill.

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This Presidents' Day, defend the First Amendment - The Hill (blog)

Limbaugh: The First Amendment Doesn’t Give the Press ‘Immunity from Criticism’ – Breitbart News

Monday on his nationally syndicated radio show, conservative talker Rush Limbaugh said the reaction of the media to President Donald Trumps tweet labeling them an enemy of the American people was because some journalists believe the First Amendment gives them immunity from criticism.

I want to thank F. Chuck Todd of NBC for opening my eyes to this. For the longest time Ive been genuinely curious why it is that media people think that they cannot be criticized.

And they really do. They really think they can go out and research people and they can dig up dirt from anybody they want, their pasts, and they can broadcast it all over. And if somebodys life, somebodys marriage, somebodys relationship, somebodys kid gets destroyed or ruined, fine and dandy.

They can do all of that they want, but you turn it around and you start investigating your favorite journalist to find out how many illegitimate kids he or she might have had in college or how many DUIs they had, you know, or how many communist sympathizer meetings they went to, then all hell breaks loose and they start squealing like stuck pigs, You cant do that! Were journalists!

I said, Where does this come from? Its more than just hubris. I finally found out. You know what it is, Mr. Snerdley? These clowns actually believe that since they are recognized in the First Amendment that they have constitutional immunity.

Criticizing them is attacking the First Amendment. They really believe this. Criticizing them is akin to attacking the Constitution, and thats un-American, and thats why you hear these journalists say. Its un-American to criticize. Its un-American for Trump to be destabilizing. Its un-American for Trump to be going out there and trying to do damage to the media. Weve got First Amendment protection.

Well, so does the president, and the president happens to be mentioned in the Constitution before the media. The presidents mentioned in Article 2. The media doesnt make it til the First Amendment. But yet the media thinks theres nothing bad about running around and trying to attack political figures and destroying them.

This is what it is, folks. They are so far gone, they really think that they are the last line of defense between freedom and democracy and tyranny. And attacking them and challenging their reputation is no more and no less than attacking the Constitution and trying to destroy America and democracy. Thats what they think. That explains why you cant go after them.

Anyhow, lets take another brief break here.

BREAK TRANSCRIPT

Look, the only thing the First Amendment does for the press is the same thing it gives everybody else. They can say what they want to say. Thats essentially what the First Amendment says for the press like it says it for you and me. It singles them out and references them in terms of their importance, a free and unintimidated, whatever, unattached media. And nobody objects to that, but it does not grant them immunity from criticism. It does not grant them freedom to be disagreed with. It does not grant them freedom from opposition.

They seem to think that it does. And I think it all falls under the notion of how really poorly constitutional education, American history educations been for decades in this country. Not to mention the kind of poison thats injected into the young skulls full of mush populating journalism schools all over the United States. But really, folks, its the one thing that, as far as the medias concerned, justifies what theyre doing.

Now, as I say, you wont even get them to admit what theyre doing. You wont even get them to admit theyre trying to destroy Trump. They come up with some, No, no, no, no. It is the job of the media to hold powerful people accountable. Yeah. Right. Why doesnt that apply to powerful Democrats? And dont tell me that it does, because everybody knows you give em a pass. Each and every time something comes up with em, you cover for em. Its a joke.

(h/t Mediaite)

Follow Pam Key on Twitter @pamkeyNEN

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Limbaugh: The First Amendment Doesn't Give the Press 'Immunity from Criticism' - Breitbart News

No, Milo Yiannopoulos’ 1st Amendment rights aren’t at risk – Washington Examiner

The rights of Milo Yiannopoulos were violated. Angry about his politics and uncomfortable with his trolling, violent protestors kept him from delivering scheduled remarks in a public venue. His right to free speech was categorically infringed.

But that was more than three weeks ago at UC Berkley and it bears zero resemblance to the current controversy surrounding Milo's CPAC speech. In reality, there's little threat to his First Amendment rights.

For those unfamiliar with the obnoxious populist provocateur, Milo has made a career of exposing liberal double standards. The operating procedure of the Breitbart writer is pretty simple. He mocks the pieties held by many on the Left, trashing in particular the special treatment afforded to individual groups.

And Milo puts on a good show. Normally his antics are more entertaining than his arguments are incisive. But he's always aggravating on purpose. That's gotten him kicked off of Twitter and college campuses, all the while catapulting his career.

But his comments about pedophilia are beyond reprehensible. In a recently surfaced January 2016 video, Milo speaks fondly and even defends "relationships between younger boys and older men." Later he makes light of the sexual abuse that rocked the Catholic Church, quipping that he's "grateful for Father Michael" and adds that he "wouldn't give nearly such good head if it wasn't for him."

Is all of this terribly offensive? Absolutely. Is it protected speech under the First Amendment? Yes. Does that mean that CPAC will violate Milo's rights if they cancel his speech? Not at all.

As a private organization, CPAC can give a venue to whomever they please. Whether they cut or keep Milo in the speaking line-up for this week's conference in Washington, D.C., is completely up to them. Whether he speaks or is silenced, his rights won't be violated.

There's only one way the Berkley episode can be replayed this Friday. If a violent mob rips him from the stage or the government bars him from speaking. Clearly, there's little chance of that happening.

Philip Wegmann is a commentary writer for the Washington Examiner.

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No, Milo Yiannopoulos' 1st Amendment rights aren't at risk - Washington Examiner