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First Amendment

‘Let’s Go Brandon’ and the Linguistic Jiujitsu of American Politics

November 28, 2021 | FlaglerLive | 14 Comments

The epithet was brandished by individuals, many masked, most from out of town, who hurled obscenities at Flagler County students demonstrating against book bans at the Government Services Building earlier this month. (© FlaglerLive)

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

November 21, 2021 | FlaglerLive | Leave a Comment

Twenty states have enacted bans on conversion therapy for minors, but that leaves 30 states in which there is only a partial ban or no ban at all.

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’

November 19, 2021 | FlaglerLive | 36 Comments

The Flagler County School Board's Jill Woolbright and Janet McDonald on Tuesday. the books to the right were McDonald's. (© FlaglerLive)

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

November 19, 2021 | FlaglerLive | Leave a Comment

UF President Ken Fuchs. (UF)

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

November 18, 2021 | FlaglerLive | 38 Comments

books stacks

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

November 17, 2021 | FlaglerLive | 28 Comments

Courtney Hildreth addressing the Flagler County Scvhool Board Tuesday evening. (© FlaglerLive via Flagler Schools TV)

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

November 16, 2021 | FlaglerLive | 41 Comments

A student-led demonstration in defense of book titles under review for potential bans by the district, with stacks of the books, all of them donated for distribution, at the ready. The demonstration was organized by Jack Petcocz, a student at Flagler Palm Coast High School. (© FlaglerLive)

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

November 11, 2021 | FlaglerLive | 64 Comments

Flagler County School Board member considers it a "crime" that "All Boys Aren't Blue" is allowed in Flagler school libraries. (Farrar, Straus and Giroux and © FlaglerLive)

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

November 7, 2021 | FlaglerLive | 2 Comments

The First Amendment reappeared on the University of Florida's horizon after a struggle. (© FlaglerLive)

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

November 5, 2021 | FlaglerLive | 64 Comments

A detail from the cover of a booklet called "The U.S. Constitution: Then and Now," used in fifth grade reading classrooms in Flagler schools. A parent found parts of the booklet objectionable and is seeking to have it removed. Two school board members are receptive.

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

November 2, 2021 | FlaglerLive | 7 Comments

facebook fallen disinformation

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.

October 22, 2021 | FlaglerLive | 11 Comments

Before the establishment of the archives, many records were poorly stored. Here archives workers push a cart of Veterans Administration records into a vacuum chamber for fumigation in June 1936. Historic Photograph File of National Archives Events and Personnel, 1935 - 1975

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

October 10, 2021 | FlaglerLive | 1 Comment

maria ressa journalism blogging

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

October 8, 2021 | FlaglerLive | 10 Comments

journalism nobel prize

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.

September 23, 2021 | FlaglerLive | 23 Comments

Randy Bertrand addressing the Flagler County School Board at a meeting last year.

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’

September 9, 2021 | FlaglerLive | 10 Comments

It became the largest civil rights movement in the country. (© FlaglerLive)

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

August 30, 2021 | FlaglerLive | 10 Comments

Who is Florida's protest law aimed at?

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

August 23, 2021 | FlaglerLive | 39 Comments

Clashing consistency: Students in Flagler schools are urging the school board to revise the district's dress code. (© FlaglerLive)

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

August 20, 2021 | FlaglerLive | 32 Comments

Flagler County School Board member Janet McDonald had been sharpening knives before, during and especially after Tuesday's tumultuous meeting of the school board. (© FlaglerLive)

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

July 31, 2021 | FlaglerLive | 4 Comments

The reporting of crime stories can be unnecessarily harmful when highlighting a passing arrest that has few ramifications or follow-ups. (© FlaglerLive)

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?

July 24, 2021 | FlaglerLive | 2 Comments

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

July 23, 2021 | FlaglerLive | 108 Comments

The weekly demonstrators are giving Flagler Beach a black eye. (© FlaglerLive via Facebook)

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

July 22, 2021 | FlaglerLive | 3 Comments

social media free speech censorship fan lijun 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

July 16, 2021 | FlaglerLive | 56 Comments

The mastodon truck now bearing much more offensive signs, when it was a bit more po9lite last November, parked at one of its favorite spots: Veterans Park in Flagler Beach. (© FlaglerLive)

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

July 11, 2021 | FlaglerLive | 2 Comments

press anti media Spiro Agnew with Florida Gov. Claude Kirk in 1968. (Florida Memory)

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”

July 1, 2021 | FlaglerLive | 1 Comment

trump desantis social media orwell

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

June 30, 2021 | FlaglerLive | 1 Comment

An ideological look-=see. Above, students at UCF. (© FlaglerLive)

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

June 28, 2021 | FlaglerLive | 5 Comments

banning trolls social media florida law

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’

June 22, 2021 | FlaglerLive | 18 Comments

A sign that may take on a whole new meaning in Florida colleges and universities. (© FlaglerLive)

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

June 21, 2021 | FlaglerLive | 4 Comments

lgbtq rights unequal under the law

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

June 21, 2021 | FlaglerLive | 7 Comments

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

June 12, 2021 | Pierre Tristam | 51 Comments

critical rage theory pierre tristam

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

June 10, 2021 | FlaglerLive | 11 Comments

Mark Phillips addressing the Palm Coast City Council at the May 4 meeting.

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

June 8, 2021 | FlaglerLive | 7 Comments

petitions voting rights

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

June 5, 2021 | FlaglerLive | 29 Comments

minneapolis protest

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

June 3, 2021 | FlaglerLive | 12 Comments

Not included in the principles of the Declaration: a replica of the interior of the slave ship Amistad. (Florida Memory)

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

May 26, 2021 | FlaglerLive | 2 Comments

The state created 14 exemptions to Florida's Sunshine Law. (FWC)

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

May 19, 2021 | FlaglerLive | 33 Comments

This 1868 illustration of a massacre by white Americans of Native Americans in Idaho would likely not make the cut of history classes under a new rule proposed by the Florida Department of Education.

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

May 7, 2021 | FlaglerLive | 67 Comments

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.

Texas Attorney General Forced to Unblock 9 After Lawsuit Claimed he Violated First Amendment Rights

May 6, 2021 | FlaglerLive | 3 Comments

Multiple courts have recognized that government officials who use their social media accounts for official purposes violate the First Amendment if they block people from those accounts on the basis of their viewpoints. Several elected officials in Flagler County routinely do so.

Why Facebook Created Its Own ‘Supreme Court’ for Judging Content

May 5, 2021 | FlaglerLive | 2 Comments

trump facebook ban

Facebook’s quasi-independent Oversight Board today upheld the company’s suspension of former President Donald Trump from the platform and Instagram. Six questions and answers on this Oversight Board that made one of the most politically perilous decisions Facebook has ever faced.

What Stolen Election Diehards Owe Holocaust Deniers

May 2, 2021 | Pierre Tristam | 28 Comments

elections deniers stop the steal tristam

Holocaust denialism’s dregs on the fringe don’t get much attention because responsible institutions from publishers to campuses to media organizations kept them in their gutter. Election deniers are owed no less.

Florida Senate Passes DeSantis-Priority Bill That Would Force Political Candidates’ Speech on Social Media Platforms

April 26, 2021 | FlaglerLive | 13 Comments

Bill sponsor Ray Rodrigues, R-Estero, said “big tech is not a free market” and that the state has a role in regulating such companies. (NSF)

The bill, in part, would bar social-media companies from removing political candidates from the companies’ platforms. Companies that violate the prohibition could face fines of $100,000 a day for statewide candidates and $10,000 a day for other candidates.

Lawyers’ Group Sues DeSantis Over Protest-Crackdown Bill Two Days After He Signs It Into Law

April 22, 2021 | FlaglerLive | 16 Comments

ron DeSantis power

Civil-rights attorneys are challenging a new set of state laws that establish a crime of “mob intimidation” and enhance penalties for riot-related violence and looting, arguing in a federal lawsuit that the measures unconstitutionally “seek to arrest the peaceful expression of free speech.”

Bill Criminalizing Or Increasing Penalties for Certain Protest Activities Heads to Gov. DeSantis

April 15, 2021 | FlaglerLive | 18 Comments

protest bill florida

The sweeping proposal, titled “Combating Public Disorder,” would create a new crime of “mob intimidation,” enhance penalties for riot-related looting and violence and create an affirmative defense for individuals who injure or kill violent protesters.

Citing Aesthetics and Law, Palm Coast Will Not Loosen Signage Ban, Whether for Realtors or Anyone Else

April 15, 2021 | FlaglerLive | 17 Comments

real estate signage ordinance palm coast

A majority of the Palm Coast Council rebuffed an attempt by Councilman Ed Danko to loosen the ban on Realtors’ open house and other signs in rights of way, saying both the city’s focus on beauty and a Supreme Court ruling on such signs leave no room for a shift away from current rules.

Bill Cracking Down on Protests Heads for Senate Floor Amid Outcries Over Free Speech and Discrimination

April 11, 2021 | FlaglerLive | 8 Comments

florida protest bill

With critics warning that the bill would chill free speech and have a disparately negative impact on Black people, a key Senate committee Friday approved a controversial measure that Republicans argue is needed to crack down on violent protests.

Matanzas Student Who Wrote Song Threatening Dean’s Life Pleads to Deal That May Erase the Charge

April 5, 2021 | FlaglerLive | 14 Comments

Joseph Washington, right, with his attorney, Assistant Public Defender Spencer O'Neal, before Circuit Judge Terence Perkins today. (© FlaglerLive)

Joseph Washington, 18, was arrested in January after Matanzas High faculty learned of a song he’d uploaded, threatening Tom Wooleyhan, a dean, by name. He was sentenced to 18 months’ probation on a third-degree felony charge, a plea deal the judge found surprising for its leniency. The charge will be dropped if Washington fulfills its terms over the next 18 months.

Gov. DeSantis Could Use a Civics Lesson on the Florida Constitution

March 19, 2021 | FlaglerLive | 42 Comments

Ron DeSantis during a visit to Flagler before he was governor. (© FlaglerLive)

Even as they push a $106 million proposal to improve civics education, our legislators and our governor persist in violating the Constitution by supporting legislation authorizing programs to send nearly $1 billion to private, religious schools in our state.

‘This Is Wrong,’ Attorney Says of Matanzas Student’s Arrest Over Rap Song Threat, Citing 1st Amendment

March 9, 2021 | FlaglerLive | 20 Comments

Joseph Washington in court on Monday, via Zoom. (© FlaglerLive)

Matanzas High student Joseph Washington, 18, has yet to be charged almost seven weeks after his arrest on an accusation that he threatened a dean in a rap song posted to SoundCloud. On Monday, his attorney called his whole case “wrong” on First Amendment grounds.

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