Archive for the ‘First Amendment’ Category

Supreme Court weighs free speech, threats online

Facebook and Twitter news feeds are often clogged with opinions written in a bout of rage from old high school acquaintances or distant family members. However, those posts of outrage may not fall under free speech laws depending on the language used in messages.

The U.S. Supreme Court is set to decide whether rants posted on social media such as Facebook can be considered threats or if they are protected by free speech.

The case stems from a Pennsylvania man, currently serving a 44-month sentence in prison, who posted statements on his Facebook page directed at his estranged wife, FBI agents and a kindergarten class.

The comments made by Anthony Elonis were violent and included death threats directed at his wife. Even after a court issued an order to keep Elonis away from his wife, he threatened her again and went on to threaten a kindergarten class, which earned him a visit from the FBI. Following the visit from a female FBI agent, Elonis went on to threaten her as well.

Elonis claims his postings, which were written in the form of rap lyrics, were a way to vent his frustration, first at his wife and later at the FBI agent who questioned him.

The first amendment issue has to do with the fact hes tying to tie it to creative speech rap lyrics and saying that makes it protected under the first amendment, said Dirk Deam, senior lecturer in political science.

Deam said the fact it is online really does not matter in this case. It is more about the way he presented the speech.

In most respects, its not the medium [of spoken word or online] that controls, its the character of the speech, Deam said about whether the form of speech is relevant to the case or not.

For ISU students who use multiple forms of social media, Captain Carrie Jacobs, patrol commander for the ISU Police Department, has some advice.

Jacobs said the ISU PD receives reports a couple times a week about threats and harassment online. She said they frequently receive these types of reports from a third party.

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Supreme Court weighs free speech, threats online

Reappropriate: The Podcast, Ep #12 | Free speech vs. online threats – Video


Reappropriate: The Podcast, Ep #12 | Free speech vs. online threats
The Supreme Court is considering a case that might radically redefine what is considered a threat when made through digital media, with possible First Amendment ramifications. To talk about...

By: Jenn Reappropriate

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Reappropriate: The Podcast, Ep #12 | Free speech vs. online threats - Video

Calling All Student Journalists

People across the country are using their First Amendment freedoms to respond to the results of the grand juries in the Michael Brown and Eric Garner cases. They are speaking out to draw attention to issues including race, police brutality and the workings of our justice system. Whats happening in your town?Are you covering local events and protests for your school newspaper or magazine?

If so, please email your story to DigitalClassroom@newseum.org! We will consider sharing it on our blog and for possible inclusion in our Digital Classroom Civil Rights Media Map. The deadline is Fri. Dec. 12 at 11:00 EST.

To learn more about the protests, and how they relate to the First Amendment, be sure to read the following Newseum-produced story and blog post. We will look for stories that also discuss how the First Amendment has played a role in the actions in your town.

Be sure to include your name, grade, name of newspaper, publication date, and the name and email address of your faculty advisor to the newspaper.

We want to have the chance to share your story so Newseum blog readers across the nation-and around the world-can learn more about how students are reporting on this volatile issue. We look forward to reading your story!

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Calling All Student Journalists

Do viral stories protect our 1st Amendment freedoms?

The case of a Pennsylvania teacher fired because of blog posts that criticized her own students has taken an interesting turn, as her lawyers claim viral Internet and television interest in the story protect her First Amendment rights.

The teacher, Philadelphias National Constitution Center is the first and only nonprofit, nonpartisan institution devoted to the most powerful vision of freedom ever expressed: the U.S. Constitution. Constitution Daily, the Centers blog, offers smart commentary and conversation about constitutional issues in the news, drawing insights from Americas history and a variety of expert contributors., caused a quite a stir back in 2011 and became a national media figure. Munroe lost her job at a suburban Philadelphia public high school after writing a series of blog posts that called her students jerks, rat like and whiny, among other things.

Monroes attorneys filed a civil suit against the Central Bucks school district in 2012, seeking $5 million in damages. In late July 2014, a federal district court judge in Philadelphia ruled against Munroe. But her attorneys have appealed.

Third District Judge Cynthia M. Rufe only decided one of two questions presented in the lawsuit. Rufe said Munroes statements werent protected by the First Amendment under a test established in two Supreme Court cases, so she didnt need to decide if the statements directly caused her termination.

In 1968 in a Supreme Court decision calledPickering v. Board of Educationand a later decision from 2006,Garcetti v. Ceballos, a balancing test was set by the Court about public employee statements and the First Amendment.

Commonly known as the Pickering test, a plaintiff such as Munroe must prove that her First Amendment interests as a public employee, and also as a citizen, in commenting on matters of public concern outweigh her public employers need to promote efficient public services.

Judge Rufe found that in this case, Munroes speech, in both effect and tone, was sufficiently disruptive so as to diminish any legitimate interest in its expression, and thus her [First Amendment] expression was not protected.

Rufe stated that, although Munroe may have occasionally written as a private citizen on matters of public concern, she chose to do so in an opprobrious tone that was likely to generate a strong reaction from anyone connected with the school who read it.

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Do viral stories protect our 1st Amendment freedoms?

Round-up: Nyland earns quick support, First Amendment dispute at Everett school

December 8, 2014 at 2:44 PM

Nyland earns quick support across Seattle school system: In four months, interim Seattle superintendent Larry Nyland hasmanaged to earn support from many of the districts key players.The Seattle School Board will vote Wednesday on whether to extend his contact for two more years.

Seven biggest districts pledge to offer computer science (AP): The White House announced Monday that the seven largest school districts in the country are committing to make computer science a standard offering at high schools or middle schools. The College Board also announced a new course calledAP Computer Science Principles will debut in the fall of 2016.

First Amendment dispute over religious expression at Everett school (KUOW): A student at Cascade High School in Everett has filed a federal lawsuit against Everett Public Schools after he was suspended multiple times for passing out religious literature and preaching to other students. The student claims his First Amendment right to free speech was violated; the district said his actions were a significant disruption.

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Round-up: Nyland earns quick support, First Amendment dispute at Everett school