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First Amendment

Nativity Scene in Florida Capitol Will Share Space With Beer-Can Pole Celebrating Festivus

December 9, 2013 | FlaglerLive | 10 Comments

A nearly 6-foot-tall pole made from emptied Pabst Blue Ribbon beer cans, marking the Festivus holiday once parodied on Seinfeld, will be put up in the Florida Capitol this week as a not-so-subtle protest to the recent placement of a Christian nativity scene by the Florida Prayer Network.

Obama’s Free Press Problem: Why Reporters in the U.S. Now Need Protection

November 29, 2013 | FlaglerLive | 12 Comments

obama free press repression reporters

The Obama administration has made the most concerted effort since the Nixon years to intimidate officials from talking to a reporter. Paul Steiger, Paul Steiger recipient of this year’s the Burton Benjamin Memorial award from the Committee to Protect Journalists, argues for a response.

Should Jacksonville’s Nathan Bedford Forrest High Be Named for KKK’s Grand Wizard?

September 24, 2013 | FlaglerLive | 15 Comments

Never apologize for what? Secession? Slavery? How about white supremacy and the KKK? The fight to rename Jacksonville’s Nathan Bedford Forrest High School raises the question, argues Julie Delegal.

FDLE Lays Down Florida Capitol Garrison Rule to Avoid Repeat of Summer Protests

September 21, 2013 | FlaglerLive | 10 Comments

Under the proposal by the Florida Department of Law Enforcement, members of the public would be expected to leave the Capitol building by 5 p.m. each weekday or within 30 minutes of the end of public meetings. Capitol police could arrest for trespassing anyone who didn’t leave when they were told.

Not So Fast Missy: How a Protester Exposed an Undercover Cop

August 21, 2013 | FlaglerLive | 17 Comments

When the author first met her four years ago, she couldn’t have known that the small-framed woman with spiky brown hair and intense eyes was anything but a fellow activist showing up for a protest in Washington, D.C. She turned out to be an undercover cop ordered to secretly spy on peaceful protesters, violate their freedom of speech and assembly, and disregard their right to privacy.

The Painting You Will Not See in Hollingsworth Gallery’s ‘Monster of Bigotry’ Show, and Why

August 10, 2013 | FlaglerLive | 32 Comments

Constance Payne’s “Will You Take Me Seriously Now” was top be part of the new “Monster of Bigotry” show at Palm Coast’s Hollingsworth Gallery, but only if Payne agreed to have it draped, because of its explicit content. She refused, calling it censorship. Gallery owner JJ Graham defends the decision on several grounds.

Gun Rights Advocates and Church Join in Suit Against NSA as Companies Petition White House

July 18, 2013 | FlaglerLive | 1 Comment

Sixty-three companies are asking the federal government to allow companies that receive foreign-intelligence surveillance requests to publicly discuss those requests in basic terms, while gun rights advocates have joined the Unitarian Church and the Electronic Frontier Foundation in a lawsuit against NSA spying on First Amendment grounds.

U.S. Supreme Court Will Decide Legality of Bunnell’s Government Prayers, Via Greece

June 24, 2013 | FlaglerLive | 14 Comments

The U.S. Supreme Court will hear a case from Greece, N.Y., where government meetings are started with distinctly Christian prayers, as they are at Bunnell City Commission meetings. The case is being taken to the court by Americans United for the Separation of Church and State.

Florida Government’s DCF Looks to Religious Organizations to Recruit Foster Parents

June 3, 2013 | FlaglerLive | 2 Comments

Looking for foster parents, DCF Director of Faith Based Development Erik Braun told child welfare professionals at a conference that Florida has 12 million residents affiliated with a Catholic or Protestant church, 1 million Jews and 400,000 to 600,000 Muslims.

Church-State Separation Be Damned: Bunnell Sponsors 3rd Prayer Day, Invoking “God’s City”

May 2, 2013 | FlaglerLive | 29 Comments

Bunnell marked the national Day of Prayer for the third year with its own sponsored religious event, a distinctly Christian, evangelical-like service that features commissioners and the mayor offering prayers and pastors invoking Jesus’s name and god’s law above all others.

Revenge Porn: Florida Lawmakers Take National Lead in Battling Bullying’s New Virus

April 16, 2013 | FlaglerLive | 7 Comments

In a more lurid consequence of sexting, Florida women and girls have been targeted by revenge porn–the online posting of nude images without the victim’s consent–in several documented instances, leading the Legislature to seek to criminalize the practice as a second or third-degree felony.

Florida Voter Group Argues for a Free Speech Right to Secrecy and Unregulated PACs

April 15, 2013 | FlaglerLive | 2 Comments

The state says it is justified in requiring disclosures of information about political action committee contributions and expenditures. Plaintiffs, arguing their case before a federal appeals court Tuesday, say they should be free to express themselves on political issues without registering as a committee and filling out campaign documents.

Facebook Effect: For Workers On or Off the Job, Individual Rights Are Dead

April 7, 2013 | Pierre Tristam | 20 Comments

Employers’ presumptions on workers’ behavior on and off the job have more in common with the inquisition or police states than with the bill of rights. Transgressors are routinely humiliated, silenced, censured or fired over speech or behavior companies should have no right to police.

FAU Stomps on Academic Freedom Over Jesus Controversy as Scott Fans Fanaticism

March 28, 2013 | FlaglerLive | 11 Comments

Florida Atlantic University Professor Deandre Poole’s assignment involving the word “Jesus” on the floor drew in a politically motivated protest from Gov. Rick Scott while the university gave in to his demand that the lesson not be taught anymore.

In a Decision With Local Sway, Federal Court Upholds Prayers Before Government Meetings

March 27, 2013 | FlaglerLive | 1 Comment

The 11th U.S. Circuit Court of Appeals, which has jurisdiction over all of Florida, ruled that the Lakeland City Commission’s custom of opening meetings with a prayer was constitutional, though the court sidestepped the city’s focus on Christian prayers, and its closed door to atheists, agnostics, humanists or other non-clergy representatives.

Responding to ACLU, Manfre Restores His Own More Permissive Jail Mail Policy

March 15, 2013 | FlaglerLive | 8 Comments

Flagler County Sheriff Jim Manfre has rescinded a policy that for the last two years, under Sheriff Don Fleming, prohibited inmates at the county jail from receiving letters at all, or writing letters longer than two pages.

ACLU Sues Sheriff Manfre Over Jail Policy Restricting Incoming Mail to Postcards

February 21, 2013 | FlaglerLive | 35 Comments

Beginning in January 2011 under Sheriff Don Fleming, inmates at the Flagler County jail have been forbidden from receiving mail other than small postcards, or from writing letters longer than two pages. Judges have generally not endorsed the restrictions, which also apply to inmates awaiting trial, who are presumed innocent.

John Fischer’s Hate Speech

February 10, 2013 | FlaglerLive | 86 Comments

In twice calling for a return of school prayer in the last three weeks, Flagler County School Board member John Fischer did so not from good will but out of angry resentment for “special interests” and “political correctness” that he claims are standing in the way of “our rights.” He is offensively wrong, and the school board should resist his call to prayer.

Public Schools Are No Place for Bible-Thumping–Or Any Other Thumping

January 17, 2013 | FlaglerLive | 13 Comments

The World Changers of Florida, Inc. is giving Bibles to students at several dozen high Florida schools. It’s wrong. Students of all faiths and traditions attend public schools and they deserve to be respected. We interfere with an already stressful time by making some of them feel like outsiders.

Showing Cops the Middle Finger

January 6, 2013 | Pierre Tristam | 26 Comments

When John Swartz was arrested for flipping off a cop, he sued, and appears headed for a win–as he should: rude expression is not a crime, and the obscenity is far surpassed by that of cops exercising arbitrary authority over bruised egos.

Put God Back in Public Schools?

January 5, 2013 | FlaglerLive | 30 Comments

If we’re going to put God back in schools, which God are we talking about? Adam Hamilton, founding pastor of a United Methodist Church, calmly argues against the notion that God has ever left the public schools, and need not be forced back in.

What’s In Your Gun Closet? In Florida, a Doctor’s Right to Ask Is Under Threat

November 28, 2012 | FlaglerLive | 15 Comments

florida guns laws doctors guns or glocks

Should doctors be able to ask patients or patients’ parents whether they own a gun? What about health insurers, employers or health-care officials implementing the federal health law? Can they ask about gun ownership? The issue is playing out in Florida, where lawmakers want to ban doctors from asking the questions.

Crossing Out Amendment 8: Public Money Does Not Belong in Religious Schools

October 29, 2012 | FlaglerLive | 19 Comments

Religious groups have no rights to public money when it comes to funding private schools, precisely because religious indoctrination is part and parcel of the mission of those schools, and taxpayers should not have to pay for that, argues Cary McMullen.

For Opponents of Amendment 8, “Religious Freedom” Has Never Been Under Threat

October 15, 2012 | FlaglerLive | 23 Comments

The so-called “religious freedom” proposal to amend the Florida constitution would create a government bureaucracy to channel tax dollars to religious organizations, its opponents say, jeopardizing the very religious freedoms it claims to be protecting.

When Riots In Defense of Islam Are More Vile Than Any Parody of the Prophet

September 15, 2012 | FlaglerLive | 46 Comments

“Innocence of Muslims” is a vile movie about Islam, but its movie maker had every right to make it, and it is far less vile than the murderous riots Muslim fundamentalists have launched as a result–or Mitt Romney’s political opportunism over the crisis.

At the University of Florida, a War Over the Alligator’s Newspaper Racks

August 20, 2012 | FlaglerLive | 3 Comments

Florida independent alligator Save the racks. (Alligator/Facebook) UF

The University of Florida wants the independent Florida Alligator newspaper—which it does not own–to remove its orange racks from campus, and replace them with non-descript plastic bins. Bill Cotterell argues it’s not a First Amendment issue.

Why I’d Eat at Chick-fil-A

July 31, 2012 | FlaglerLive | 34 Comments

I’d eat again at Chick-fil-A, just to send a message to the sanctimonious, self-congratulatory organizers of a boycott campaign that is targeting the business, writes columnist Bill Cotterell.

Editor’s Note: When Comments Are Swift Boats’ Docking Hooks

July 12, 2012 | FlaglerLive | 15 Comments

I’ve been asked why certain comments in the John Pollinger-Anne-Marie Shaffer case were approved, considering their lavish innuendoes and borderline slanders. The decision bears explaining in light of this year’s distinctly foul election season.

Florida Law Barring Doctors From Asking Patients About Guns at Home Ruled Invalid

July 3, 2012 | FlaglerLive | 21 Comments

guns doctors florida law

The law restricts doctors’ ability to provide truthful, non-misleading information to a patient, U.S. District Judge Marcia Cooke ruled. The “docs-vs-glocks” law was backed by the NRA and signed by Gov. Rick Scott in 2011.

Student-Led School Prayers Are Now Legal, But Fear of Litigation Could Trump God

July 1, 2012 | FlaglerLive | 23 Comments

public piety school prayer law florida legislature

The new Florida school prayer law lets local school districts approve policies allowing students to deliver prayers at school events, but districts aren’t likely to approve such measures for fear of costly litigation.

Facebook, First Amendment Rights and Employers’ Censors: The New Rules

June 11, 2012 | FlaglerLive | 1 Comment

Facebook’s big brothers: As employers develop policies to restrict what employees post on their personal Facebook pages, the federal labor board (NLRB) has found that employees fired or disciplined had engaged in “protected concerted activity” and were punished illegally.

N-Word Reckonings: Wrestling With An Incendiary Word In and Out of Context

February 19, 2011 | Pierre Tristam | 4 Comments

nigger randall kennedy kill a mockingbird harper lee dust jackets history

This essay on the history of the n-word as weapon is a postscript to the Mockingbird controversy and an introduction to next weekend’s performances. It is presented in the spirit of education, discussion—and, hopefully, debate.

John Locke: A Letter Concerning Toleration (1689)

January 17, 2011 | FlaglerLive | Leave a Comment

john locke portrait

John Locke: A Letter Concerning Toleration (1689), religious and otherwise.

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