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First Amendment

Flagler County Tried to Evict a Tenant at the Airport. Jury Called It Retaliation and a Violation of 1st Amendment.

October 18, 2023 | FlaglerLive | 82 Comments

Les Abend with his plane at the county airport, from where the county attempted to evict him in retaliation, a jury said, for Abend's opinions. (© Les Abend for FlaglerLive)

Flagler County Airport Director Roy Sieger sent Les Abend an eviction notice regarding the hangar Abend had leased for over four years. A two-day trial resulted in a verdict against the county, with a jury finding that the county was retaliating against Abend, a former member of the county’s airport advisory board, for his criticism of Sieger. An eviction case turned into a rare First Amendment case in County Court. Abend will get to keep the hangar.

Drag Shows Can Go On in Florida: Court Rejects Ban

October 15, 2023 | FlaglerLive | 9 Comments

Drag Queen Brittany Moore during her performance at Central Park Saturday evening. (© FlaglerLive)

It’s OK to take in a drag show in Florida — a federal appeals court has upheld a block on enforcement of Florida’s anti-drag law against any entertainment venue in the state.

Sheriff Chitwood’s Dangerous, Irresponsible Attacks on News-Journal’s Frank Fernandez

October 4, 2023 | FlaglerLive | 24 Comments

The News-Journal's Frank Fernandez, right, always on the lookout for cons. (© FlaglerLive)

Volusia County Sheriff Mike Chitwood’s repeated, vilifying and unjustified attacks on News-Journal reporter Frank Fernandez irresponsibly and dangerously inflame his social media base at a time when reporters’ safety is nothing to take lightly–the more so when a law enforcement chief who should know better is stoking the flames. Volusia County media should respond in concert.

Where the Supreme Court Stands on Banning Books

October 3, 2023 | FlaglerLive | 3 Comments

banned books supreme court

Until the U.S. Supreme Court takes up a newer case, the lower courts will look to existing precedent, set in a legal ruling that dates back to 1982. In that ruling, the court declared that school personnel have a lot of discretion related to the content of their libraries, but this “discretion may not be exercised in a narrowly partisan or political manner.”

U.S. Supreme Court Will Hear Challenge to Florida Law Forcing Social Media to Carry Objectionable Content

October 1, 2023 | FlaglerLive | Leave a Comment

aca still standing

The Texas and Florida legislatures passed the laws at the center of the disputes in 2021. The Florida law, known as S.B. 7072 or the Stop Social Media Censorship Act, prohibits social-media companies from banning political candidates and “journalistic enterprises.” The Supreme Court on Friday agreed to weigh in on the constitutionality of the controversial laws.

Bible Challenge in Flagler Schools Unravels Inconsistencies, Arbitrariness and Confusion in Review Process

September 29, 2023 | FlaglerLive | 33 Comments

LaShakia Moore, then in her role as assistant superintendent, eplaining to volunteers the district's book-challenge reviewing process--a process the district is not following with a challenge filed regarding the Bible. (© FlaglerLive)

A challenge of the Bible’s presence in some of Flagler County’s public school libraries is unraveling the inconsistencies, contradictions, flaws, and arbitrariness of Flagler County’s book-challenge process. The challenge, filed by Palm Coast resident Bob Gordon, cites 67 passages he claims are sexually explicit, sadistic, graphically violent and bigoted.

Academic Freedom Greatly Bothers the GOP

September 28, 2023 | FlaglerLive | 4 Comments

A post-graduation picnic at Grinnell College, an oasis of academic freedom. (© FlaglerLive)

The last few years have witnessed a number of disturbing and blunt challenges to academic freedom, mostly from right-wing legislators in GOP-controlled state legislatures. For a sizable segment of the Republican party, so-called “divisive concepts” represent the belief by historians that the institutions of the United States were established to maintain racial and gender hierarchies in addition to maintaining the supremacy of White Americans.

Quran Burning and the Line Between Free Expression and Incitement of Hatred

September 4, 2023 | FlaglerLive | 6 Comments

Iraqis raise copies of the Quran during a protest in Baghdad, Iraq, on July 22, 2023, following reports of the burning of the holy book in Copenhagen.

While freedom of expression is a fundamental human right in liberal democracies, the right to express one’s opinion can become complex when expressing one’s views clashes with the religious and cultural beliefs of others and when this rhetoric veers into hate speech.

Sally Hunt Wanted to Censure School Board Chair For Going Off Script in Talk Over Segregated Assembly

September 1, 2023 | FlaglerLive | 17 Comments

Sally Hunt. (© FlaglerLive)

Flagler County School Board Chair Cheryl Massaro said fellow Board member Sally Hunt considered calling for a vote of censure against her because Massaro did not stick to a script provided her before last week’s press conference denouncing Bunnell Elementary’s segregated assembly days earlier.

Escambia County School Board Wants to Ban Any Book It Wishes

August 26, 2023 | FlaglerLive | 3 Comments

Preparations for the new school year in an Escambia County schools warehouse. (Escambia County Schools Facebook)

The Escambia County School Board is urging a federal judge to toss out a lawsuit filed by authors, a publishing company, parents and a non-profit organization challenging the removal or restriction of books in school libraries. It argues that it has authority to decide what books will be allowed in schools and that a new state law helps shield it from the allegations.

Education Officials Want Lawsuit Over Gay Penguins Book Tossed Out, Claiming It’s Moot. Litigants Disagree.

August 8, 2023 | FlaglerLive | Leave a Comment

And tango makes three

“And Tango makes Three” had been banned for students up to third grade by Lake County schools, then allowed in libraries. It tells the story of two male penguins who raised a penguin chick at New York’s Central Park Zoo. In a filing last month seeking a preliminary injunction, attorneys for the plaintiffs disputed that the case is moot. They argued, in part, that the district could reverse course again and restrict access to the book in libraries.

Texas University Suspends Professor Accused of Criticizing Lt. Governor in Lecture on Opioids

July 25, 2023 | FlaglerLive | 2 Comments

Joy Alonzo is an expert on the opioid epidemic and a professor in Texas A&M University’s Department of Pharmacy Practice. (Texas A&M University Health Science Center)

The professor, Joy Alonzo, an expert on the opioids crisis, was placed on paid administrative leave and investigated, raising questions about the extent of political interference in higher education, particularly in health-related matters.

Barack Obama’s Defense of Librarians Amid ‘Profoundly Misguided’ Book Bans and Attacks

July 23, 2023 | FlaglerLive | 6 Comments

Flagler Palm Coast High School is one of at least two schools that lost their top librarian for next school year. (© FlaglerLive)

“You’re on the front lines – fighting every day to make the widest possible range of viewpoints, opinions, and ideas available to everyone,” Obama tells librarians in a letter. “Your dedication and professional expertise allow us to freely read and consider information and ideas, and decide for ourselves which ones we agree with.”

Florida’s New College Board Seeks $2 Million to Counter ‘Cancel Culture’

July 6, 2023 | FlaglerLive | 8 Comments

New college policing cancel culture

The New College of Florida Board of Trustees on Thursday moved forward with a plan to request $2 million in funding from the state Legislature to set up a “Freedom Institute” aimed at combating “cancel culture” in higher education. The bulk of the $2 million request would go toward hiring “scholars to work and teach” on the New College campus.

Biden Administration Barred from Interfering with Social Media Even If It’s Misinformation or Lies

July 5, 2023 | FlaglerLive | 8 Comments

Antisocial media. (White House)

A federal judge has prohibited Biden administration officials from communicating with social media platforms “for the purpose of urging, encouraging, pressuring, or inducing in any manner the removal, deletion, suppression, or reduction of content containing protected free speech.”

Florida Law Banning Kids at Drag Shows Blocked and Termed Unconstitutionally Vague

June 24, 2023 | FlaglerLive | 13 Comments

drag queens constitutional

Operators of Orlando restaurant Hamburger Mary’s, which has run “family friendly” drag shows for 15 years, filed a legal challenge shortly after Gov. Ron DeSantis signed the law restricting children from attending “adult live performances.”

Florida Will Publish Annual Index of Books Banned or Challenged in Schools

May 24, 2023 | FlaglerLive | 10 Comments

Banned or challenged titles in Flagler schools were displayed at a protest outside a school board meeting in November 2021. (© FlaglerLive)

The State Board of Education on Wednesday approved a new rule that will lead to Florida officials publishing an annual list of library books and instructional materials that have drawn public objections, in a move that the board’s chairman said will “provide transparency for our families.”

A Federal Lawsuit Is Filed Against Florida School District, Calling Book Bans Unconstitutional

May 17, 2023 | FlaglerLive | 7 Comments

Toni Morrison's The Bluest Eyes has been banned in numerous school districts, including in Florida. (Max McCoy/Kansas Reflector)

The lawsuit is against the Escambia County School District and its local school board. Plaintiffs include PEN America, powerhouse publisher Penguin Random House, several authors, and parents of children. A remedy: Return books to school library shelves, particularly books considered “targeted,” according to the lawsuit.

FPC Removes 2 Books Under Challenge Without Review, Abruptly Cancelling 2 Committee Meetings

May 11, 2023 | FlaglerLive | 47 Comments

The April 17 joint meeting of two book review committees, from Matanzas High School and Flagler Palm Coast High School, was the last to convene. That one, for Ellen Hopkins's Crank, was attended by School Board member Will Furry. (© FlaglerLive)

Flagler County’s three book-banners are getting their way the easier way: the books they’re challenging are now getting removed without committee review, even though such a process is set out in district policy. Twice in the last three weeks, Flagler Palm Coast High School abruptly cancelled scheduled challenge-review committee meetings at the last minute, “weeding” the books instead.

On Flagler’s Ban List: Elana K. Arnold’s What Girls Are Made Of, a Review and a Recommendation

May 9, 2023 | FlaglerLive | 11 Comments

What Girls Are Made Of, a 2017 National Book Award finalist, is on Flagler County schools' list of books a trio of residents want banned. (Carolrhoda Lab)

“What Girls Are Made Of,” Elana K. Arnold’s deconstruction of a 16-year-old girl’s being and nothingness, is one of 22 titles three Flagler County residents want banned from high school libraries. A Flagler Palm Coast High School committee takes up the challenge on Thursday.

Bill Banning Books During Challenges and Banning Preferred Pronouns Ready for DeSantis Signature

May 3, 2023 | FlaglerLive | 19 Comments

Sen. Clay Yarborough, R-Jacksonville, sponsored a controversial education bill that passed Wednesday and is headed to Gov. Ron DeSantis. Colin Hackley/File

The bill restricts the way teachers and students can use their preferred pronouns in schools, expands last year’s “don’t say gay” prohibitions to eighth grade, and makes banning books and instructional materials easier, with simpler forms and a requirement that challenged materials to be removed from schools within five days of the objection, until the challenge is resolved.

How ‘Decorum’ Masks Discrimination

April 29, 2023 | FlaglerLive | 14 Comments

Justin Pearson, surrounded by supporters, prepares to enter the Tennessee House of Representatives Chambers.

Republicans from Tennessee to Tallahassee to Tacoma struggle manfully to stop those rule-breakers who would keep disrupting white men’s God-ordained exercise of unchecked power. You know the kind: gays; transgender types; students; immigrants; women; Blacks. They’re getting uppity. They’re breaking the rules.

World Press Freedom Day Events Webcast from the UN on May 2

April 29, 2023 | FlaglerLive | Leave a Comment

world press freedom day

On May 2 and 3, the international community marks the 30th anniversary of World Press Freedom Day by the United Nations General Assembly. It will serve as an occasion to take stock of the global gains for press freedom secured by UNESCO and its partners in the past decades, as well as underline the new risks faced in the digital age.

My Date With Jerry Springer

April 29, 2023 | Pierre Tristam | 5 Comments

Jerry Springer in his office during our interview in November 1998. (© FlaglerLive)

In November 1998 I was traveling the country on a year-long assignment and at that point working on a piece on American discourse. I’d chosen Illinois as a prism: the various grounds of the Lincoln Douglas debates at one end and the Chicago-based Jerry Springer Show at the other. Springer agreed to let me hang out with him half a day, interview him and attend his show, thankfully not as a guest.

‘Don’t Say Gay’ Extended to 12th Grade in New Board of Education Rule, With Vague Exceptions

April 19, 2023 | FlaglerLive | 9 Comments

dont say gay federal ruling

Teachers shall not “intentionally provide” instruction on sexual orientation or gender identity in fourth through 12th grades. Teachers could face suspension or revocation of their educator certificates for violations of the rule.

Dominion’s Defamation Case Against Fox Is Not Easy to Prove

April 17, 2023 | FlaglerLive | 18 Comments

Election workers in Detroit test their equipment made by Dominion Voting Systems in August 2022.

The statements against Dominion have already been proved false. The question now is whether the statements harmed Dominion’s reputation enough to rise to the level of defamation. But it is far easier to throw around as an accusation than it is to actually prove fault.

No Overt Prayers: Palm Coast Council Will Stick With Moment of Silence at Meetings to Avoid Theatrics

April 5, 2023 | FlaglerLive | 23 Comments

public prayer government meetings

Rejecting exhortations from nearly two dozen people, there will be no overt, vocal prayer at Palm Coast City Council meetings, though room for prayer in all forms and for all creeds will continue, as it always has, for individuals who choose to pray, whether overtly before meetings or quietly during meetings or during the moment of silence.

I Served on Flagler’s School District Book Review Committee, Only to Be Silenced

April 2, 2023 | FlaglerLive | 17 Comments

nowhere girls amy reed banned in flagler schools

One of 14 members appointed by the Flagler school administration to a district-level committee to review the challenge to Amy Reed’s “The Nowhere Girls” describes the experience of being part of a 14-0 decision to retain the book, only to be overruled by the superintendent, who banned the book.

Flagler School Board Keeps Sold on School Library Shelves in Unprecedented 3-2 Vote

March 28, 2023 | FlaglerLive | 13 Comments

Patricia McCormick's Sold was a Sold, a 2006 National Book Award finalist. (© FlaglerLive)

The Flagler County School Board this evening voted 3-2 to keep “Sold,” the novel in verse by Patricia McCormick, on the shelves of Flagler County school’s high school libraries. The novel is written from the perspective of a 13-year-old girl trafficked to a prostitution house in India.

Challenged in Flagler Schools: Ellen Hopkins’s Tilt, a Review and a Recommendation

March 27, 2023 | FlaglerLive | 7 Comments

tilt ellen hopkins

In “Tilt,” Ellen Hopkins gives us the powerful coming of age story of three very engaging, very different American teenagers. The novel is on the list of books three Flagler County residents are seeking to ban. A Flagler Palm Coast High School committee discusses the challenge on Thursday.

DeSantis Is Destroying Florida Universities’ Hard-Earned Respect in the Name of White Nationalism

March 26, 2023 | FlaglerLive | 20 Comments

A student demonstration at the University of Central Florida last September. (© FlaglerLive)

Florida’s public universities have been gaining national prominence and respect, with U.F. and FSU ranked Nos. 5 and 19 among public universities. DeSantis’s assault on academic freedom in the name of a white-nationalist, America-first curriculum is demolishing that hard-earned respect and making an embarrassment of the state.

Starting Palm Coast Council Meetings with ‘Invocation’ Would Be Unnecessarily Divisive

March 16, 2023 | FlaglerLive | 11 Comments

palm coast invocation

At a time when communities are divided enough by party, ideology, color and sometimes geography, the Palm Coast City Council’s proposal to start its meetings with a prayer, or invocation would add yet more divisiveness, when the council should be celebrating residents’ shared humanity and basic decency.

In Riveting Discussion on Prayers at Meetings, Palm Coast Council Defers to ‘Neutral’ Caution

March 14, 2023 | FlaglerLive | 26 Comments

palm coast city council prayer invocation

The Palm Coast council discussed a proposed prayer policy today  in what turned into an unusually absorbing and equally civil hourlong seminar on the First Amendment, the limits of expressions of belief in government settings, and the unintended and potentially offensive consequences of an open-invocation policy. 

Ignoring Constitutional Cautions, Florida Lawmakers Seek to Make It Easier to Sue News Organizations

March 14, 2023 | FlaglerLive | 24 Comments

The presses aren't about to stop. (Bank Phrom on Unsplash)

Ignoring arguments that the bill is unconstitutional, a House panel on Tuesday approved a controversial proposal that would make it easier for people to sue news organizations for defamation. The measure seeks to limit the “actual malice” standard that for decades has protected journalists writing about powerful government officials.

Would-Be Book-Banner Appeals Nowhere Girls Decision Even Before 14-0 Vote to Keep It

March 13, 2023 | FlaglerLive | 22 Comments

The 14-member appeals committee meeting this evening in Bunnell. It was facilitated by Lashakia Moore, the assistant superintendent. (© FlaglerLive)

A 14-member district committee voted unanimously this evening to recommend keeping Amy Reed’s “The Nowhere Girls,” a book deconstructing high school rape culture, on the shelves at Flagler Palm Coast High School and Matanzas High School. The woman challenging the book filed an appeal to the school board even before the superintendent has weighed on.

Citing ‘Reason Above Prejudice,’ Superintendent Upholds Recommendation to Keep Sold on School Shelves

March 13, 2023 | FlaglerLive | 3 Comments

"Sold" was discussed at an appeals committee meeting on March 6. (© FlaglerLive)

Citing “principle above personal opinion and reason above prejudice,” Flagler School Superintendent Cathy Mittlestadt upheld the recommendation of a district appeals committee to keep Patricia McCormick’s “Sold,” on human trafficking, on library shelves at high and middle schools.

Challenged in Flagler Schools: Amy Reed’s The Nowhere Girls, a Review and Recommendation

March 10, 2023 | FlaglerLive | 6 Comments

Amy Reed's "The Nowhere Girls" was published in 2017. It has been frequently banned in various school districts and is facing an attempted ban in the Flagler County school district.

Amy Reed’s “The Nowhere Girls,” a 2017 novel on high school rape culture and three girls’ attempt to counter it, is a #MeToo manifesto for young adults. It’s up for banning from Flagler schools. This review is a guide.

Drag Show Curbs Likely Violate First Amendment

March 6, 2023 | FlaglerLive | 15 Comments

Protesters against a bill restricting drag shows march from a rally outside of the Tennessee Capitol in Nashville on Feb. 14, 2023.

Republican lawmakers in numerous states, including Florida, seek to restrict or eliminate events like drag shows and drag story hours. These efforts have been accompanied by inflammatory rhetoric not grounded in fact about the need to protect children from “grooming” and sexually explicit performances.

District Appeals Committee Votes Unanimously to Keep Sold on High School and Middle School Shelves

March 6, 2023 | FlaglerLive | 3 Comments

The 11-member appeals committee meeting this evening. (© FlaglerLive)

An 11-member district-wide appeals committee this evening voted to uphold two school-based committees’ decisions to keep “Sold,” the fictional story of a 13-year-old girl trafficked into sexual slavery, on the library shelves at high and middle schools.

Challenged in Flagler Schools: McCormick’s Sold, a Review and a Recommendation

March 6, 2023 | FlaglerLive | 9 Comments

Patricia McCormick's "Sold" challenged for banning in Florida

Patricia McCormick’s “Sold,” about the experiences of a 13-year-old girl sold into sexual slavery, is among the 22 books that a trio of “moms for liberty” have sought to ban from high school library shelves. A school committee voted to keep the book. The banners appealed the decision to a district committee, which meets on March 6. The following review is presented as a guide.

Florida Legislature Is Set to Push Sweeping Changes to Legal System, Favoring Business and Government at Individuals’ Expense

March 6, 2023 | FlaglerLive | 12 Comments

Paul Renner, the Palm Coast Republican and House Speaker, is enthusiastically leading a House that has lurched further to the right than under any administration since the Jim Crow era. (© FlaglerLive)

Paul Renner, the Palm Coast Republican and House Speaker, is enthusiastically leading a House that has lurched further to the right than under any administration in generations as the Legislature seeks to revamp the state’s litigation system, favoring businesses at the expense of individual consumers.

Florida Bill Would Require Bloggers to ‘Register’ With State and Turn Over Financial Accounts

March 3, 2023 | FlaglerLive | 23 Comments

bloggers required to register with the state

The bill, which has no chance of becoming law, would require bloggers who write about Gov. Ron DeSantis and other elected state officials to register with the government and provide monthly financial income reports. The National Review today called the bill’s GOP author a “moron.”

Teaching Heroic Musician Graham Jackson’s Story in Florida Could Now Be Illegal

March 1, 2023 | FlaglerLive | 18 Comments

Florida’s “anti-woke” legislation and the state’s recent rejection of the AP African American studies curriculum are well-known examples of a disturbing trend that attempts to criminalize exploring the stories of Black people such as Graham Jackson.

Against Policy, Flagler’s Book-Challenge Appeal Panels Dim Faculty and District Vote to Minority Status

February 28, 2023 | FlaglerLive | 10 Comments

Assistant Superintendent Lashakia Moore at a Feb. 6 community meeting where most of the non-district employees looking to be appointed to book-review committees heard an orientation. The committee members were culled from that group. The first such appeals committee meets on March 6. (© FlaglerLive)

A Flagler County school district-level committee will meet for the first time on Monday to take up the appeal of a decision not to ban the novel “Sold” from school library shelves. The make-up of the committee is not in line with school board policy, giving parents and community members a lopsided presence at the expense of district staff and faculty.

Challenged in Flagler Schools: Malinda Lo’s Last Night at the Telegraph Club, a Review and a Recommendation

February 27, 2023 | FlaglerLive | 16 Comments

Malinda Lo’s “Last Night at the Telegraph Club” is among the 22 books that a trio of “moms for liberty” have sought to ban from high school library shelves. A joint committee of Flagler Palm Coast and Matanzas high school faculty members and parent representatives meets on March 7 to decide whether to retain it or ban the book. The following review is presented as a guide.

School Board’s Chong Demands ‘Safe Space’ Sign Be Removed Seconds After Decrying Violence at Matanzas

February 23, 2023 | FlaglerLive | 55 Comments

The sign above, ina classroom that used to be the gathering place for Matanzas High School's Gay-Straight Alliance, was glimpsed for less than two seconds in a sheriff's body cam video of the arrest of a Matanzas student ion Tuesday. The sign nevertheless caught the attention of School Board member Christy Chong, who demanded that it be taken down. (© FlaglerLive via sheriff's Axon video)

Flagler County School Board member Christy Chong had just decried a Matanzas High School student’s attack on a teacher aide there when, not a minute later, she demanded that a “safe space” poster associated with LGBTQ groups and anti-bullying be removed from a Matanzas classroom.

Why Is DeSantis Protecting Our Kids from ‘Literature’?

February 18, 2023 | FlaglerLive | 9 Comments

A book-burning in 1930s Germany. (National Archives and Records Administration, College Park)

Books are filthy. Yet liberals want your children to read them. Why? So your children will become drag queens, tree huggers, NPR listeners, Lizzo fans, soccer watchers, trans activists, vaccine takers, election denier deniers, AP class takers, and America haters.

How Much ‘Religious Accommodation’ Are Employers Responsible For?

February 17, 2023 | FlaglerLive | 2 Comments

religious accommodations workplace

The U.S. Supreme Court will soon address the extent to which employers must accommodate employees, if at all, when they want to pray, not work on Sundays, observe the Sabbath or invoke litanies of other sectarian requirements.

The Black Flamingo Thwarts Book Ban as Matanzas and FPC Vote 10-0 to Keep It on Shelves

February 17, 2023 | FlaglerLive | 24 Comments

Hardback copies of Dean Atta's The Black Flamingo were all over the semi-rectangular table along which sat the 10 members of the joint review committee Thursday afternoon in Room 3A at the Government Services Building. The line on the shirt of one of the committee members reads: "Reading makes your mind grow." The shirt has not, so far, been the target of a challenge. (© FlaglerLive)

A joint review committee from Matanzas and Flagler Palm Coast high schools voted unanimously Thursday to keep Dean Atta’s “The Black Flaming” on the two schools’ library shelves. It is the second time in a little over two weeks that the committees rejected a challenge by one of the three individuals targeting 22 books for bans so far this year.

Judge Tosses Challenge to Law Restricting Gender and Sex Orientation Discussions in Class

February 16, 2023 | FlaglerLive | 9 Comments

THat's more like it. (Florida Memory)

U.S. District Judge Allen Winsor dismissed a revised lawsuit filed by students, parents and teachers, ruling that the plaintiffs had not “alleged sufficient facts” to show they had legal standing to challenge the law.

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