In a scathing ruling Friday, Chief U.S. District Judge Mark Walker blocked the University of Florida from enforcing a controversial conflict-of-interest policy that gave school administrators discretion over allowing professors to serve as expert witnesses in litigation.
First Amendment
Flagler School District Library Plan: Parents May Ban Books for Their Own Kids, But Not Others
Book bans may be a thing of the past in Flagler County schools as the district today presented a library opt-out provision for prohibitive parents, while leaving access free to all books for all other students. The approach, as draconianly restrictive for those who want to exercise it and as liberal as a university library’s open-stack policy for the freer-minded could, in effect, make even book challenges moot.
Seditious Conspiracy in Jan. 6 Capitol Attack Faces 1st Amendment Hurdle
The seditious conspiracy charges announced by the Department of Justice against Stewart Rhodes raise the stakes and political temperature of the Jan. 6 investigation, and give rise to serious First Amendment concerns about the rights of others protesting government actions down the road.
Federal Judge Ridicules UF Attorney’s Attempt to Smear Professors in Conflict-of-Interest Battle
In a fiery hearing Friday, a federal judge excoriated a lawyer for the University of Florida who accused political science professors of having “misled” the court in a lawsuit challenging the school’s conflict-of-interest policy.
May a Christian Flag Fly at City Hall? Supreme Court Will Decide
On Jan. 18, 2022, the Supreme Court will hear oral arguments in Shurtleff v. Boston. The case addresses whether the city violated the First Amendment by denying a request to temporarily raise the Christian flag on a flagpole outside City Hall, where Boston has temporarily displayed many secular organizations’ flags.
He Was Filming on His Phone. Then an Officer Attacked Him and Charged Him With Resisting Arrest.
Police can arrest people for “cover charges,” like resisting arrest, to justify their use of excessive force and shield themselves from liability. In Jefferson Parish, Louisiana, 73 percent of the time someone is arrested on a “cover charge” alone, they’re Black.
Banning LGBTQ-Themed Books From Flagler Schools Is an Attempt to Erase Students Like Me. We Will Not Stand For It.
Linking the vile and threatening language his student-led demonstration drew outside a school board meeting in November to the superintendent’s decision to ban an LGBTQ-themed book for now, Jack Petocz, a student at Flagler Palm Coast High School, calls on the superintendent to reconsider the decision and consider its consequences.
Superintendent’s Decision: ‘All Boys Aren’t Blue’ Banned for Now, Other Books Return to Library Shelves
Following the challenges of four titles by Flagler School Board member Jill Woolbright and a review by a book-challenge committee, the superintendent decided to return three of the four titles to their shelves but withhold a fourth pending new protocols that could still provide access.
UF Board Chairman Mori Hosseini Blasts Professors Testifying Against New Election Law
During a meeting Friday, UF Board of Trustees chairman Mori Hosseini led the charge in sharply criticizing the professors and rallying around university President Kent Fuchs, though Hosseini appeared to misunderstand the scope of professors’ academic freedom.
Committee Reviewing Books 2 Board Members Want Banned Completes Its Work as District Sounds Out Librarians
The findings of a committee judging the appropriateness of four books for school libraries are expected imminently, as new book challenges have been filed and the Flagler district’s eight librarians were interviewed by district staff about their practices.
American Library Association Condemns Broad Censorship of Books on Race and LGBTQ in Schools and Libraries
Some individuals and officials say the voices of the marginalized have no place on library shelves. Including in Flagler, they have launched campaigns demanding the censorship of books and resources that mirror the lives of those who are gay, queer, or transgender, or that tell the stories of persons who are Black, Indigenous or persons of color.
‘Let’s Go Brandon’ and the Linguistic Jiujitsu of American Politics
The enthusiastic adoption of the phrase by President Joe Biden’s detractors suggests that “Let’s go Brandon” is best described as a minced oath. These are euphemisms used in place of a taboo or blasphemous expression. Such oaths have a long history in English. Some Biden supporters are turning the phrase into one of support for him. And as a variant, some of the president’s supporters have begun to employ, “Thank you Brandon.”
Conversion Therapy Is Lethal Bunk, But Fewer Than Half the States Ban It
Many LGBTQ youth live in states, Florida among them, that have no ban in place protecting them from conversion therapy – a practice that the scientific community has long since shunned, and that nearly doubles the incidence of suicide among gay, lesbian and bisexual people victimized by the fraud.
Closing Inquiry, Sheriff Rebuffs Charge of ‘Crime’ in Book Controversy; Woolbright Wants ‘All Young Adult Books Checked’
The Flagler County Sheriff’s Office found no grounds for a criminal inquiry into School Board member Jill Woolbright’s charge that making “All Boys Aren’t Blue” available to students was a “crime.” The sheriff was sharply critical of having been brought into a position of making judgments he said are the responsibility of the board and its processes. The inquiry also dismissed claims that Woolbright faced any immediate threat, as had been claimed.
Congressional Committee Launches Probe into University of Florida Policy That Gagged Professors
In a letter to University of Florida President Kent Fuchs on Thursday, the U.S. House Subcommittee on Civil Rights and Civil Liberties said the panel has opened a probe into UF’s conflict-of-interest policy used to silence professors, saying it “undermines the academic and free speech values that are essential” to higher education.
Why All Boys Aren’t Blue Belongs in High School Libraries: A Response to Brian McMillan
Palm Coast Observer Editor Brian McMillan would restrict the book at the center of a controversy from high school libraries, even though he doesn’t find it pornographic. His argument and his prescription are untenable, because they rest on an analogy that has no application to George Johnson’s “All Boys Aren’t Blue.” A school district committee is currently reviewing the book’s status.
Help Make Flagler County Known for Progress, Tolerance and Growth Instead of Ignorance and Hate
Offering the perspective of a parent, Palm Coast resident Courtney Hildreth calls on the Flagler School Board to re-focus on academic and intellectual freedom, ensuring access to age-appropriate literature, filling classroom vacancies, and preserving principles of equity and acceptance.
Potential Book Ban in Schools Galvanizes 2 Sides in Day of Highs and Lows as Sheriff Recoils at Criminal Complaint
the Flagler County School Board today contended with the fallout of a criminal complaint and call for a book ban filed by Board member Jill Woolbright, and did so for 10 hours, from a lengthy and at times ugly workshop to a student-led demonstration marred by harassment and insults by detractors to an evening meeting that stretched past 11 p.m.
Jill Woolbright Wants 4 Books Banned Over Anti-Racism, LGBTQ, Police Violence and Rape Themes; District Removes Them Pending Review
Copycatting a tactic developing across the country and targeting the same books, Flagler County School Board member Jill Woolbright wants four books removed. The books, award winners and critically acclaimed, deal with LGBTQ themes, anti-racism, police shootings, and the trauma of rape. Three are by Black authors.
UF Backs Off Gag Order on 3 Professors Testifying in Challenge to Restrictive Voting Law
But the university drew national attention and widespread criticism after a court document revealed last week that the school was blocking the professors from testifying.
2 Flagler School Board Members Object to Black Lives Matter Language and a ‘Hate Group’ Trolls District’s Library Books
The Flagler County School Board is not banning books–yet. But two board members–Jill Woolbright and Janet McDonald–are on the warpath, playing up isolated complaints about materials they find objectional on ideological grounds and mirroring similar attempts in other districts where a few voices have capitalized on largely manufactured controversies. The board members’ moves parallel a national extremist organization’s inquiry in Flagler and other Florida counties about the district’s book holdings, especially targeting racially-conscious and LGBTQ-themed books.
Facebook’s Misinformation Problem
Leaked internal documents suggest Facebook – which recently renamed itself Meta – is doing far worse than it claims at minimizing Covid-19 vaccine misinformation on the Facebook social media platform.
Trump Wants His National Archives Papers Censored. Laws May Not Let Him.
At the center of the current conflict between Trump and the congressional committee is the status of presidential papers: Are they public or private? If they’re in the National Archives, they’re not necessarily private. Ex-presidents do not have the ability as former presidents to assert blanket executive privilege.
The Nobels: Maria Ressa Speaks Blogging to Power
The importance of journalists who take considerable risks to bring people the truth in countries where this involves going up against authoritarian governments has been recognized by the Nobel committee’s decision to award the 2021 peace prize to Maria Ressa of the Philippines and Dmitry Muratov of Russia.
Journalism Wins
It is revealing that in a year that drew 329 candidates for the peace prize, including organizations fighting climate change or covid 19, the committee opted for journalists. It’s a happy surprise for us reporters. It’s also, finally, a necessary one.
Stop Yelling. Have a Point: Advice for School Board Meeting Disrupters from Someone Who’s Been There.
In the wake of two turbulent school board meetings, Randall Bertrand was left wondering what all the sound and fury was about since many speakers’ loud and disruptive message was already made moot by school board votes or state policy.
Federal Judge Issues Injunction Against Florida’s Protest Law, Calling It ‘Vague and Overbroad’
Chief U.S. District Judge Mark Walker on Thursday blocked a controversial state law that enhances penalties and creates new crimes in protests that turn violent. Walker, who has frequently clashed with the DeSantis administration and the GOP-controlled Legislature, granted the plaintiffs’ request for a preliminary injunction blocking DeSantis and three sheriffs from enforcing the law.
Federal Judge Tangles with DeSantis Administration Lawyer Over ‘Rabbit Hole’ Protest Law
The Dream Defenders, the Florida State Conference of the NAACP and other organizations allege in a lawsuit that the measure, approved by Republican legislators and signed by DeSantis this spring, is unconstitutionally vague, has a “chilling” effect on First Amendment rights and gives local police too much power.
An FPC Student’s Perspective: Time to Rethink Inequitable and Irrational Dress Code in Flagler Schools
The district’s dress code is irrational, outdated, unfair and sexist. It limits individual expression, and it’s an utter waste of time, argues Jack Petocz, a junior at Flagler Palm Coast High School who calls on the school board to listen to students’ concerns and revise the code.
School Board Members Term Janet McDonald on ‘Witch Hunt’ and ‘Dangerous’ as She Guns for Board Attorney in Wake of Tuesday Tumult
School Board member Janet McDonald called for what would have been an unlawful, closed-door meeting to review the school board attorney’s contract, then called for any special meeting to review last Tuesday’s meeting, when the chamber had to be cleared because of the crowd’s rule-breaking. Two board members–Colleen Conklin and Cheryl Massaro–responded with withering criticism of their colleague.
Changing Crime Reporting Practices to Do Less Harm
Acknowledging that journalism can inflict wounds unnecessarily, AP will no longer name those arrested for minor crimes when the news service is unlikely to cover the story’s subsequent developments. Often, such stories’ publication hinges on an odd or entertaining quirk, and the names are irrelevant. Yet, the ramifications can loom large and be long-lasting for the persons named.
Is Islamophobia Hate Speech?
The central question that human rights tribunals must answer in these cases is whether false claims, such as those made by Mark Steyn in “America Alone,” a screed against growing Muslim populations in Europe, are so extreme that they’re likely to encourage hateful views and extreme action.
As Flagler Beach Grapples with Tawdry Pro-Trump Gatherings, City’s Wink to Surveillance Cameras Raises Questions
The weekly pro-Trump demonstrations featuring profane language in the heart of Flagler Beach has city commissioners concerned about the city’s image and the administration and police eying surveillance cameras they insist will not target the demonstrators, but be used as a tool in case of criminal activity. Others see a Pandora’s box.
The Seduction of Propaganda
Propaganda is communication as force; it’s designed for warfare. Propaganda is anti-democratic because it influences while using strategies like fear appeals, disinformation, conspiracy theory and more. Political communication is persuasion used in politics. It helps to facilitate the democratic process. Guess what Americans prefer.
A Qualified Defense of Trump Supporters’ Obscenities in Flagler Beach
Obscene pro-Trump demonstrators’ signs now flashing regularly in Flagler Beach are no different than signs using similar language at BLM marches. The fact that BLM marches have justice on their side, as Trump demonstrators do not, does not diminish the goons’ First Amendment rights.
Trump Before Trump: When Nixon VP Spiro Agnew Attacked News Media
In 1969 Spiro Agnew in a speech written by Patrick Buchanan attacked the press with almost unprecedented venom, anticipating a run of anti-media presidents that culminated with Trump. Buchanan later remembered that as Nixon read his proposed draft, he heard him mutter, “This’ll tear the scab off those bastards.”
Federal Judge Blocks DeSantis’ Social Media Law, Finding It “Riddled with Imprecision and Ambiguity”
The controversial law seeks to prevent large social-media platforms from banning political candidates from their sites and to require companies to publish — and apply consistently — standards about issues such as banning users or blocking their content.
Florida Adds Orwellian By-Laws to Academic Freedom
What do you do when a student endorses genocide during a class discussion? And follows it up with a two thumbs up endorsement for racism? Does curtailing disruptive behavior like this, which prevents others from learning, count as shielding students from uncomfortable “ideas and opinions”?
Federal Judge Doesn’t Hide Distaste for Florida Law Forbidding Social Media from Banning Users
Arguing that the law would violate social-media companies’ First Amendment rights and harm their efforts to moderate content, the industry groups have asked U.S. District Judge Robert Hinkle to block the law from going into effect Thursday as scheduled.
Florida Universities Are Now Required to Conduct Annual Surveys Measuring ‘Intellectual Diversity’
Under the auspices of intellectual freedom, Florida’s universities, colleges and and community colleges will be required to do an annual survey to ensure diverse views on campuses, including conservative opinions. At issue is that some lawmakers believe that colleges and universities are liberal bastions where conservative voices have been suppressed on campuses.
Supreme Court Upholds Religious Liberty Over LGBTQ Rights and Nods to Bigger wins for Conservatives Ahead
Last week’s Supreme Court ruling is narrow, but it means that any unequal treatment of religious groups will be regarded as a violation of the First Amendment, even if it comes at the expense of the dignity of LGBTQ citizens.
Florida and Seven Other States, All Republican-Controlled, Enact Anti-Protest Laws
Eight states have passed laws cracking down on protest activity since Black Lives Matter protests erupted across the United States last summer, according to the International Center for Not-For-Profit Law, which tracks such legislation. Similar bills are pending in 21 states, according to the Washington, D.C.-based center.
Critical Rage Theory
Critical race theory has been around almost 50 years and went mainstream 25 years ago, but Trumpist Republicans are discovering it only now, passing laws in several states to ban the teaching of critical race theory without understanding the first thing about it, but proving with every ban that it is less theory than fact.
City Hall Trespass Against Mark Phillips, Who’d Rushed Toward Mayor at May Meeting, Is Lifted
Mark Phillips, the North Flagler resident at the center of a tense moment at a May meeting of the Palm Coast City Council, when he aggressively rushed the dais toward then-Mayor Milissa Holland, is no longer trespassed from City Hall.
Voting Rights Advocates Seek to Block New Law’s Requirement that Limits Ballot-Initiative Contributions to $3,000
The American Civil Liberties Union of Florida and other supporters of three proposed constitutional amendments designed to expand voting want a federal judge to block a new state law that places a $3,000 limit on contributions to ballot-initiative drives.
Between Protest and Riot
Riots are easily distinguishable from protests, and there is a clear, bright line we can follow. The Florida law draws it, and the protests from my youthful heroes at the ACLU ring hollow, argues Christine Flowers.
State School Board Will Vote Next Week on New Rules Sanitizing History Teaching in Public Schools
The proposed rule would mandate that teachers “may not define American history as something other than the creation of a new nation based largely on universal principles stated in the Declaration of Independence.”
A Mostly Bleak Legislative Session for Open Government and the First Amendment in Florida
The Legislature approved 14 new exemptions to Florida’s Sunshine law and renewed eight, also approving a crackdown on social media companies while criminalizing certain protest activities.
Florida Education Department Wants History Classes Strictly Sanitized of Content Critical of the United States
A proposed rule that will be weighed by the State Board of Education aims to control the way history is taught in Florida classrooms and not allow teachers to “indoctrinate” students, as part of what state Education Commissioner Richard Corcoran called a “constant, vigilant fight.”
‘Enough’ Is Not Enough: Flagler’s Dangerous Leer at Extremism
What happened on Tuesday at the Palm Coast City Council is indefensible and dangerous. But it’s nothing new. We’ve simply not been paying attention to a perilous degradation of public discourse and behavior. We are slowly becoming a crueler community debased by primitive instincts, because no one in charge, or too few people in charge, are standing up and saying enough.