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First Amendment

DeSantis Stokes Culture Wars at the Expense of Bright Schools and Free Speech

December 21, 2022 | FlaglerLive | 9 Comments

The public library remains a ban-free zone. (© FlaglerLive)

The culture war battles being waged in Florida are not only doing lasting damage to the public education system but to the basic constitutional rights of all Floridians. Freedom of speech protects the right to freedom of conscience, debate ideas and question authority.

Democracy Has Its Place, But Apparently Not at the Florida Capitol

December 17, 2022 | FlaglerLive | 9 Comments

Don't say Ron. Students protesting on the 5th floor of the Florida Capitol Building in March. (Danielle J. Brown)

Determined to keep the Free State of Florida the most incredibly free in the Land of the Free where freedom rings 24/7, Gov. Ron DeSantis is going to stop loud, tacky, possibly gay people from waltzing into his Capitol to “protest.”

Sen. Marco Rubio Wants TikTok Banned. His Bill Has Bi-Partisan Support.

December 16, 2022 | FlaglerLive | 7 Comments

rubio ban tiktok

Two years after former President Donald Trump called for a ban on TikTok, Florida GOP Sen. Marco Rubio this week introduced legislation that would impose a national ban on the Chinese-owned social media platform that has become immensely popular with young Americans.

2,000 Articles, 2 Million Words, Countless Revelations in ’22: Help FlaglerLive Keep You Richly Informed in ’23

December 11, 2022 | FlaglerLive | 7 Comments

flaglerlive

If you are reading these words right now, consider yourself very fortunate: You are NOT a resident of one of the hundreds of U.S. cities, towns and counties that have no local, reliable print or online source of news. But it takes your help to keep your community from becoming a news desert.

Drag Shows Are Now A Right-Wing Target Amid Rising Extremism

December 11, 2022 | FlaglerLive | 10 Comments

Propagating hate and violence against queer people, lawmakers and right-wing figures are misrepresenting what happens at all-ages drag performances, including literacy events. This is occurring in the wake of a spate of legislative bills targeting LGBTQ people.

State Panel Developing Guidelines on Book Bans for School Librarians May Be at an Impasse

December 8, 2022 | FlaglerLive | 12 Comments

A book discussion announcement at the University of Central Florida's library this fall. That sort of announcement would be banned in high school libraries. "All Bopys Aren't Blue" is banned in Flagler school libraries. (© FlaglerLive)

A new law that intensifies scrutiny of school library books requires school boards to adopt procedures that provide for the “regular removal or discontinuance” of books from media centers based on factors such as alignment with state academic standards. The panel designated to develop the training playbook for librarians is mired in disagreement, with a Jan. 1 deadline looming.

DeSantis’s New Target: Restricting Demonstrations at State Capitol in Name of Protecting Children

December 2, 2022 | FlaglerLive | 11 Comments

Demonstrating for human rights may be "harmful to children." (NSF)

The state Department of Management Service’s proposal, in part, seeks to prohibit actions or displays that are “harmful” to children from taking place in the Capitol. The DeSantis Administration proposal is the latest in a series of measures restricting protest and speech.

In Flagler Schools, New Regime of Book Challenges Is Laborious, Subjective and Fraught With Uncertainties

December 1, 2022 | FlaglerLive | 10 Comments

Scott Rooke lectern (© FlaglerLive)

Gray areas of uncertainty, anxiety, subjectivity and a gaping lack of state direction are shading the new regime of serial book challenges and book bans in the Flagler school district as the state Department of Education has yet to issue directions on library holdings.

Appeals Court Upholds School Board Speech Rules in Defeat for Moms for Liberty, For Now

November 28, 2022 | FlaglerLive | 3 Comments

Flagler County School Board rules are almost identical to those of the Brevard County School Board. (© FlaglerLive)

A federal appeals court has rejected an attempt by a chapter of the conservative group Moms for Liberty to block restrictions that the Brevard County School Board placed on public participation at board meetings. The Brevard rules are almost identical to those of the Flagler County School Boards, which had been at the center of controversy two summers ago.

Citing Orwell, Federal Judge Calls DeSantis’s ‘Stop Woke Act’ Unconstitutional Muzzling of Academic Freedom

November 19, 2022 | FlaglerLive | 17 Comments

The 'Stop Woke Act' could make it difficult to discuss Bull Connor's response to civil rights. (© FlaglerLive)

Calling the state’s approach “positively dystopian,” a federal judge on Thursday blocked a law championed by Gov. Ron DeSantis that restricts the way race-related concepts can be taught in universities. The law is “antithetical to academic freedom and has cast a leaden pall of orthodoxy over Florida’s state universities,” Chief U.S. District Judge Mark Walker wrote in the 139-page ruling.

In latest Intrusion on Academic Freedom, Tenure Review Could Be Tied to How Professors Teach Race

November 4, 2022 | FlaglerLive | 15 Comments

Watch what you say. (UCDavis)

A controversial law designed to restrict the way certain race-related topics can be taught in Florida classrooms could factor into a new tenure-review process for university professors, under a proposal that higher-education officials will consider next week.

Flagler Schools Have Been Quietly Banning or ‘Removing’ Many Books Since Summer in Bow to ‘Moms for Liberty’

November 2, 2022 | FlaglerLive | 41 Comments

Last year's ban from Flagler schools' library shelves of a single book drew protests and national attention. But many more bpooks have been banned since in the district, without a word, or even the school board necessarily being aware of them. (© FlaglerLive)

The school district has been quietly and steadily banning books from library shelves at Flagler Palm Coast and Matanzas High, and at Indian Trails and Buddy Taylor middle schools since summer, FlaglerLive has found, with every title part of a list of challenges from just three members of the group known as “Moms for Liberty.” There is no indication that the challengers are reading the books, but they have been asked to join the district’s review committee.

Elon Musk Is Wrong: Content Rules Preserve Free Speech

October 29, 2022 | FlaglerLive | 34 Comments

Elon Musk claims to champion free speech, but his plans for Twitter could stifle the free exchange of ideas. (Karl-Josef Hildenbrand/picture alliance via Getty Images)

Musk’s likely acquisition of Twitter raises concerns that the social media platform could decrease its content moderation. Research shows that stronger, not weaker, moderation of the information ecosystem is called for to combat harmful misinformation. It also shows that weaker moderation policies would ironically hurt free speech.

Trump-Appointed Judge Refuses to Block Florida Law Muzzling Gender ‘Instruction’ In Schools

October 21, 2022 | FlaglerLive | 21 Comments

dont say gay federal ruling

Skirting merits of the law by citing lack of standing, U.S. District Judge Wendy Berger refused to block school districts from carrying out a new state law that restricts instruction on gender identity and sexual orientation in classrooms. She rejected arguments by parents, students and a non-profit organization.

Federal Judge Refuses to Block Law Banning Payments to Petition Gatherers for Ballot Measures

October 21, 2022 | FlaglerLive | Leave a Comment

It's much harder to find petition-gatherers. (Erin M McCuskey)

The law, passed by the Republican-dominated Legislature and signed by Gov. Ron DeSantis, made it a crime to continue a longstanding practice of paying petition gatherers based on the number of signatures they collect. Experts have said the changes doubled the cost of getting initiatives on the ballot.

School Boards Now Required to Out LGBTQ Bathrooms and Muzzle Discussions of Gender and Race

October 20, 2022 | FlaglerLive | 21 Comments

Down the drain: New rules issued by the state Board of Education redefine privacy and free speech in public schools. (© FlaglerLive)

County school boards and charter schools will have to follow new requirements for notifying parents about policies involving access to bathrooms and locker rooms, and teachers could be fired if they violate two controversial new laws muzzling discussion of gender identity and racial matters.

Federal Judge Weighs ‘Stop Woke Act”s Gag on Certain Forms of Instruction About Racism

October 13, 2022 | FlaglerLive | 4 Comments

A North Vietnamese prisoner of war being waterboarded by two U.S soldiers and one South Vietnamese soldier. Although the Washington Post described waterboarding as common at the time--the paper published the picture in January 1968--the publicity led to one of the U.S. soldiers being court-martialed for his role in the torture. Waterboarding was used by American forces in the Philippines at the turn of the last century and again during the second Bush administration, but never against Americans. (Wikimedia Commons)

A federal judge on Thursday sparred with attorneys about a controversial state law that restricts the way race-related concepts can be taught in classrooms, as university professors argue it violates speech rights.

At Flagler Public Library, Freedom Readers’ Club and Other Page-Turners Boldly Defy Book Bans

September 22, 2022 | FlaglerLive | 14 Comments

The Flagler County Public Library takes its safe spaces seriously--for teens, for books that are frequently challenged or banned elsewhere, and for for open discussions. (© FlaglerLive)

Freedom Readers, a book club for teens focused on banned and challenged books, emerged at the Flagler County Public Library in response to the book-banning controversies at the Flagler school board last fall. The club is one of several initiatives countering “what feels like a lot of repression,” in the words of Youth Services Librarian Gemma Rose.

1st a Law Gagging Talk of Gender. Now a Gag Order on Lawsuit Information. Plaintiffs Complain.

September 12, 2022 | FlaglerLive | 8 Comments

Back when gays and lesbians and atheists didn't exist. (Don O'Brien, 1937)

Plaintiffs challenging a Florida law restricting instruction on gender identity and sexual orientation in schools are asking a judge to reverse an order stalling their ability to gather information in the case, arguing that the law is being used throughout the state to “censor any positive or supportive reference to LGBT people.”

Can A ‘Christian’ Wedding Website Designer Deny Service to Same-Sex Couples?

September 9, 2022 | FlaglerLive | 10 Comments

Love, actually. (© FlaglerLive)

Lorie Smith designs websites. She intends to begin designing wedding websites and is unwilling to create them for same-sex couples, saying it would go against her Christian beliefs. Under Colorado’s Anti-Discrimination Act, though, it is discriminatory and illegal to refuse services to someone based on “disability, race, creed, color, sex, sexual orientation, marital status, national origin, or ancestry.”

Federal Judge Clears UCF Prof Robert Cassanello to Sue Over DeSantis’s ‘Stop Woke Act’

September 9, 2022 | FlaglerLive | 6 Comments

The University of Central Florida's Robert Cassanello. (Facebook)

Cassanello, a history professor at UCF, and other plaintiffs, including public-school teachers and a student, filed the lawsuit in April after DeSantis signed the law (HB 7), arguing that it violated First Amendment rights and was unconstitutionally vague.

In 4th Legal Challenge Against DeSantis’s ‘Stop Woke Act,’ USF Professor and Student File Suit

September 7, 2022 | FlaglerLive | Leave a Comment

Ron DeSantis could read an errant K into that. (USF Facebook)

In a 91-page complaint, lawyers for USF associate professor of history Adriana Novoa, student Samuel Rechek and the First Amendment Forum at University of South Florida raised a series of arguments that the law violates speech rights.

Who Will Rescue Our Tender Youth from Deviant Professors and their Noisome Notions?

September 5, 2022 | FlaglerLive | 7 Comments

Pugh Hall at UF hosts the Bob Graham Center, among other programs. (Spohpatuf via Wikimedia Commons)

Give it up, wokester profs: Ron DeSantis will no longer tolerate your anti-American spin on our history, your critical race theorizing, your LGBTQ weirdo agenda, and your communist indoctrination of our kids in Florida’s great state universities.

What in Jesus’s Name? Saving the Savior from Christian Nationalism.

September 3, 2022 | FlaglerLive | 8 Comments

false prophets church state

In their zeal to stoke the fires of a culture war, conservatives have drafted Jesus into their army, with some proudly espousing Christian nationalism, which combines two character traits: religious zealotry and fascism. Meanwhile charlatan theologians give the politicians religious cover enough so that they can be assured that Jesus would vote Republican.

Federal Judge Urged to Halt Law Muzzling Instruction on Gender and Sexual Orientation

August 29, 2022 | FlaglerLive | 5 Comments

don;t say gay law federal judge

The 26-page motion contends that the law, passed this year by the Republican-controlled Legislature and signed by Gov. Ron DeSantis, “was enacted with the purpose to discriminate and has the effect of discriminating against LGBTQ+ students and those with LGBTQ+ family members.”

Federal Judge Blocks Parts of DeSantis Anti-‘Woke’ Law Muzzling Race-Sensitivity Training at Work

August 18, 2022 | FlaglerLive | 2 Comments

desantis anti-woke act

The employment-related part of the law lists eight race-related concepts and says that a required training program or other activity that “espouses, promotes, advances, inculcates, or compels such individual (an employee) to believe any of the following concepts constitutes discrimination based on race, color, sex, or national origin.”

School Board’s Jill Woolbright Says She’s in ‘Satanic Warfare’ Against ‘Evil Spirits’ at School District

August 16, 2022 | FlaglerLive | 88 Comments

School Board member Jill Woolbright, flanked by New Way Church Pastor Richard Summerl;in and his wife Kimberly Summerlin during a prayer-endorsement after Woolbright campaigned for seven minutes before the congregation during a service over the weekend.

Flagler County School Board incumbent Jill Woolbright, who is in a non-partisan race against Sally Hunt to be decided in the Aug. 23 election, says God placed her on the school board, that she is involved in “satanic warfare,” and that, in a reference to others on the school board and at the district office, she has “felt the evil spirits around me.”

Mothers Behind Book-Banning Campaign Claim Their First Amendment Rights Are Being Violated

August 14, 2022 | FlaglerLive | 19 Comments

Students, teachers and parents protested an effort, partially successful, by Flagler County School Board member Jill Woolbright last fall to ban "All Boys Aren't Blue" and three other titles from school libraries. "All Boys" was removed. The other three were restored. (© FlaglerLive)

The self-dubbed Mama Bears filed a federal lawsuit alleging that by not being allowed to read sexually explicit material aloud at school board meetings, they themselves are being censored.

Christian School Challenges Ban on Pre-Game Prayer, Citing Recent Supreme Court Ruling

August 9, 2022 | FlaglerLive | 3 Comments

minarets public prayer high school games

A Tampa Christian school has asked a federal appeals court to find that the Florida High School Athletic Association unconstitutionally prevented a prayer over a stadium loudspeaker before a 2015 high-school football championship game.

What We Can Learn from Apartheid-Era Book Bans in South Africa

July 31, 2022 | FlaglerLive | 1 Comment

Books are often targeted when they are sympathetic to the oppressed.

The rise in attempts to ban and censor books in America–and in Flagler County–in 2022 looks an awful lot like what South African censors did during apartheid. It’s as though would-be American censors have taken a page directly from the South African censors’ playbook, setting out to squash political dissent and silence social debate.

Four School Boards Sued Over Enforcing ‘Don’t Say Gay’ Law, Charging Violation of 1st Amendment

July 26, 2022 | FlaglerLive | 13 Comments

This sign and others like it are now banned in Florida public schools. (© FlaglerLive)

The lawsuit, filed Monday in federal court in Orlando, seeks to block the school boards in Orange, Indian River, Duval and Palm Beach counties from carrying out the law (HB 1557), which restricts instruction on gender identity and sexual orientation in classrooms. The lawsuit charges the law is unconstitutional.

You Cannot Be Serious: Brian McMillan Leaves The Observer

June 30, 2022 | FlaglerLive | 17 Comments

Brian McMillan at the Emergency Operations Center during the pandemic. (© FlaglerLive)

Palm Coast Observer Brian McMillan announced today in a column that he was leaving the paper after 12 years. Though he leaves the paper in the equally qualified hands of Jonathan Simmons, it is no less of a gut punch and a loss to the community. McMillan had kept the Observer centered.

The Christian Arrogance Behind Praying Coach’s Supreme Court Case

June 30, 2022 | Pierre Tristam | 39 Comments

A Muslim prayer rug with the design of a mihrab replicating the niche in the wall oriented toward Mecca. (Sinan Toy on Unsplash)

Christian coach Joseph Kennedy’s prayer at a public school football field’s 50-yard line is not about religious freedom. It is not about God. It is not even about praying. It’s about imposing one version of Christianity in an increasingly pluralist society in one of the last places where that kind of favoritism has no place. It is intolerance by exclusivity. 

Federal Appeals Court Strikes Down Florida City’s Ordinance Banning Portable Signs

June 28, 2022 | FlaglerLive | 1 Comment

street signs ban

A federal appeals court Tuesday sided with a man who challenged a Fort Myers Beach ordinance that prevented him from carrying a sign with a Christian message on the town’s streets.

Stray F Word and 14 Seconds of TikTok End Flagler Teacher Abbey Cooke’s Storied 13-Year Career

June 23, 2022 | FlaglerLive | 119 Comments

A tearful Abbey Cooke addressing the Flagler County School Board Tuesday evening, before the board voted to fire her. (© FlaglerLive via Flagler schools video)

The 3-1 vote to fire Abbey Cooke, for a dozen year a highly rated teacher and 2017 Teacher of the Year at Belle Terre Elementary, sent a chilling message to those who would challenge the board, or those who land on any board member’s hostile radar: the slightest misstep can and will be used against them.

‘Napalm Girl’ at 50: How Media Myths Distort an Image’s Reality and Exaggerate Its Impact

June 5, 2022 | FlaglerLive | 8 Comments

Terrified children, including 9-year-old Kim Phuc, center, near Trang Bang, Vietnam, after a South Vietnamese plane on June 8, 1972, accidentally dropped its flaming napalm on its own troops and civilians. (AP Photo/Nick Ut, File)

The Pulitzer Prize-winning “Napalm Girl” photograph by Nick Ut of terror-stricken Vietnamese children fleeing an aerial attack on their village, taken 50 years ago this month, has rightly been called “a picture that doesn’t rest.” But the image formally known as “The Terror of War” has also given rise to tenacious media-driven myths.

‘Our Democracy Is At Risk’: FPC’s Jack Petocz’s Winning Essay in ACLU Contest

June 4, 2022 | FlaglerLive | 72 Comments

Jack Petocz will be a senior at Flagler Palm Coast High School this fall. c(© FlaglerLive)

Jack Petocz, who will be a senior at Flagler Palm Coast High School next fall, won First Place in the ACLU of Florida Volusia/Flagler Chapter’s first Annual “Cary Ragsdale Future Voter’s Essay Contest.” The award carries a $500 prize underwritten by FlaglerLive, and publication of the essay here.

Québec’s Dangerous Bill 32 on ‘Academic Freedom’

June 2, 2022 | FlaglerLive | Leave a Comment

In addition to undermining the autonomy of universities and faculty, and creating myriad implementation problems, the bill blurs the important distinctions between free expression and academic freedom. Most troubling, it signals that politicians are turning academic freedom into a political weapon.

U.S. Supreme Court Blocks Florida-Like Texas Law Limiting Content Moderation by Social Media

June 1, 2022 | FlaglerLive | 4 Comments

The Supreme Court responds to immoderate laws. (Gian Cescon on Unsplash)

The U.S. Supreme Court on Tuesday blocked a Texas law similar to one in Florida that prohibits large social media companies, such as Facebook or Twitter, from banning or removing users’ posts based on political viewpoints. A three-judge panel of the 11th U.S. Circuit Court of Appeals last week ruled that Florida’s law unconstitutionally restricts free speech.

3 Republican-Appointed Judges Call DeSantis-Inspired Law Targeting Social Media Unconstitutional

May 23, 2022 | FlaglerLive | 13 Comments

desantis social media unconstitutional

Dealing a major setback to Gov. Ron DeSantis, a three-judge federal appellate panel of judges appointed by Republican presidents, including Donald Trump, on Monday ruled that a 2021 Florida law targeting social-media platforms such as Facebook and Twitter unconstitutionally restricts the companies’ First Amendment rights.

Replicating Math Textbook Censorship, Florida Tells Publishers to Kill Social Justice and CRT in History Books

May 19, 2022 | FlaglerLive | 17 Comments

florida history textbooks

The department is accepting bids from companies through June 10 to provide social-studies books for a five-year period starting in 2023. The department posted to its website a 29-page document that lists criteria for what is expected to be included in the books — and what’s expected to be left out.

DeSantis Signs New Law Banning Protests Outside Private or Elected Officials’ Homes

May 16, 2022 | FlaglerLive | 32 Comments

Watch for the protest police. (© FlaglerLive)

Gov. Ron DeSantis has signed legislation providing for jail terms of up to 60 days and $500 fines for protesting outside the homes of public officials and private citizens — like what’s been happening to U.S. Supreme Court justices since the leak of a draft opinion reversing Roe v. Wade.

Federal Lawsuits Argues Florida’s New Limits on Ballot Initiatives Are Unconstitutional

May 10, 2022 | FlaglerLive | 2 Comments

petitions unconstitutional

Groups seeking to place proposed constitutional amendments on the 2024 ballot are urging a federal judge to reject the state’s arguments defending a law that prevents paying petition gatherers based on the number of signatures they collect.

The Cleveland Indians Changed Their Name. Should the Atlanta Braves?

May 8, 2022 | FlaglerLive | 24 Comments

atlanta braves name change

It wasn’t until 2018 that the Indians officially removed their logo, a cartoonish Native American named Chief Wahoo, from merchandise, and in 2020 that they changed their name. The Atlanta Braves’ owners, however, have dug in their heels, refusing to replace a name that many Americans – including Native Americans – find offensive and derogatory.

DeSantis Claims ‘Ideology’ Found In Rejected Math Texts. Reviewers Find Near-Zero Evidence of It.

May 7, 2022 | FlaglerLive | 11 Comments

CDC on Unsplash

Out of thousands of pages of responses by people it enlisted to review the texts, only one reviewer found that critical race theory constituted a large component of any of the books and only a handful found evidence that some “might” contain critical race theory, just as most reviewers found no social emotional learning.

To School Board’s Janet McDonald, Freedom of Speech Doesn’t Belong in School and ‘Does Not Mean Freedom of Movement’ or Activity

May 5, 2022 | FlaglerLive | 24 Comments

Flagler County School Board member Janet McDonald. (© FlaglerLive)

Flagler County school Board member Janet McDonald staked out an extreme position against students’ free speech in schools during a discussion on a proposed policy controlling the place and manner of student demonstrations. The rest of the school board, however, is defending students’ right to protest even on school grounds, during school hours.

College Students and Staff: Ignore the Voluntary but Autocratic ‘Viewpoint Discrimination’ Survey

May 1, 2022 | FlaglerLive | 5 Comments

viewpoint discrimination survey

Calling it the latest example of creeping authoritarianism, the president of the University of Florida’s faculty union urged students and employees to ignore the so-called “viewpoint discrimination” survey now required on Florida’s college and university campuses, in compliance with a law signed by Gov. Ron DeSantis.

It’s Not Just Florida: Here’s How Brits’ Right to Protest Has Been Restricted

April 29, 2022 | FlaglerLive | Leave a Comment

kill the bill

Britain’s police, crime, sentencing and courts bill has become law after an extended period of back and forth between the House of Commons and House of Lords. From its conception, the bill has been extremely controversial, particularly because of the increased powers it hands to police to stop protests.

We Don’t Talk Enough About the Positive Side of American Racism and Genocide

April 27, 2022 | FlaglerLive | 11 Comments

disney desantis

The only dates that matter to real Americans are 1492, 1776, and 1980 (the year the Blessed Ronald Reagan ascended to the Oval Office). Don’t let these “woke” teachers even mention 1619: it’s all a damn lie.

DeSantis Signs Disney-Punishing Bill, Would Shift Nearly $1 Billion in Debt to Taxpayers

April 25, 2022 | FlaglerLive | 27 Comments

disney punishing disney hall of presidents

If the special taxing district is dissolved, Disney’s nearly $1 billion debt obligations, revenues and responsibilities would be transferred to Osceola and Orange counties’ taxpayers and those of the small cities of Lake Buena Vista and Bay Lake.

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