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First Amendment

The Unedited Statement School Board Chair McDonald Censored at a Public Meeting

June 17, 2020 | FlaglerLive | 27 Comments

A small demonstration in support of LGBTQ rights preceded Tuesday evening's school board meeting. (© FlaglerLive)

The original text of Jack Petocz’s statement is presented here unedited. School Board Chair Janet McDonald shut Petocz down the moment he mentioned her name in the context of a statement critical of her offensive tweeting activity.

School Board Chairman Janet McDonald’s Twitter Feed: Misinformation and Derision Abound, Empathy Does Not

June 8, 2020 | FlaglerLive | 54 Comments

School Board Chair Janet McDonald says she had asked for an invocation to be placed on the agenda prior to the August meeting. School Board Attorney Kristy Gavin and Superintendent Jim Tager said she had not asked them. (© FlaglerLive)

Flagler County School Board Chairman Janet McDonald’s twitter feed is a seethe of conspiracy theories, contempt for government, the press, “leftists,” conventional medicine, and plenty of derision and contempt for protest movements.

When DeSantis Shut Reporter Out of Coronavirus Briefing, He Shut Out All Floridians

March 31, 2020 | FlaglerLive | 28 Comments

Gov. Ron DeSantis at Saturday's briefing on the coronavirus. (Via Florida Channel)

Gov. Ron DeSantis denying Mary Ellen Klas, a Miami Herald/Tampa Bay Times reporter in Tallahassee, access to his coronavirus press conference on Saturday was vindictive, petty — and illegal. It denied access to the Floridians who look to these media outlets for vital information.

Volusia/Flagler Chapter Marks ACLU’s Centennial With “Future Voters Essay Contest” and $500 Prize

March 9, 2020 | FlaglerLive | 2 Comments

Lin-Manuel Miranda, his father Luis Miranda, and John James have a message on the ACLU's 100th birthday. (ACLU)

The American Civil Liberties Union (ACLU) ‘s Volusia/Flagler chapter is celebrating the ACLU’s 100th birthday with an essay contest open to all students, with a $500 prize and publication of the winning essay in FlaglerLive.

Florida House Speeding Toward Proposal to Allow Stadium-Wide Prayers at High School Games

March 8, 2020 | FlaglerLive | 16 Comments

public address prayers

Amid a long-running legal battle, the Florida House on Friday moved forward with a proposal that could allow schools to offer prayers over public-address systems before events such as high-school championship football games.

Misplaced Inquisitions: Mayor Holland, Coastal Cloud and the Palm Coast Observer

March 4, 2020 | Pierre Tristam | 32 Comments

Mayor Milissa Holland anchored a 90-minute segment at Monday's Palm Coast City Council meeting, devoted entirely to refuting allegations about the city's relationship with Coastal Cloud, and the mayor's role. The mayor is a company employee. (© FlaglerLive)

Mayor Milissa Holland and Coastal Cloud Co-owner Tim Hale repeatedly–and unfairly–invoked Palm Coast Observer Editor Brian McMillan’s name in poor light during a 90-minute city council segment devoted entirely to refuting critical allegations about the city’s contract with the company.

Full House and Senate Will Vote on Requiring ‘Moment of Silence’ in Schools

March 3, 2020 | FlaglerLive | 9 Comments

A line from a Walt Whitman poem at the Dupont Circle Metro station in Washington. (M.V. Jantzen)

The Senate Rules Committee on Monday signed off on a bill (SB 946) that would direct principals and teachers to give students up to two minutes each day to reflect on anything they want.

Stop Cloaking Bigotry in Veils of ‘Religious Freedom’

March 2, 2020 | FlaglerLive | 5 Comments

A Supreme Court case could open the door to even more legal discrimination in the name of religious freedom. The intolerant should rethink their claim to piety and morals, which contradict their ends.

‘This Will Not Stand’: Flagler Commission Prayer Draws Hint of Lawsuit as County Attorney Adamantly Defends Practice

February 20, 2020 | FlaglerLive | 40 Comments

Mike Cocchiola addressing the Flagler County Commission Monday on the new prayer the chairman of the commission speaks at the beginning of meetings.

As Mike Cocchiola, a member of the local ACLU chapter, suggested legal action may follow, County Attorney Al Hadeed “absolutely” defended the Flagler County Commission chairman opening sessions with a prayer. Hadeed overstated the actual legality of the practice, which courts are still contending.

Flagler Politicians, Take Note: Brevard Taxpayers Just Paid $490,000 to Settle Illegal Christian Prayers at Meetings

February 13, 2020 | FlaglerLive | 36 Comments

Perhaps they should be praying not to get sued.

Just as Flagler County commissioners started proffering prayers at public meetings, as the school board almost did, the Brevard County Commission paid out $490,000 in a settlement for doing so illegally for years.

The School Board’s Proposed Decorum Rules Are a Pretext to Silence Critical Information

February 6, 2020 | Pierre Tristam | 20 Comments

The Flagler County School Board has taken to plastering its rules outside meeting rooms. (© FlaglerLive)

The Flagler County School Board is considering speech restrictions at its meetings that include comment cards before a person can speak and prohibiting references to staff, students or anyone in the district.

A Year-End Thank You To Our Readers and Supporters From the FlaglerLive Board of Directors

December 23, 2019 | FlaglerLive | 10 Comments

As you and your family make decisions as to which organizations will receive your charitable donations, please keep in mind that there are those who would like nothing more than to have aggressive news outlets like FlaglerLive disappear entirely.

Trump’s Judaism Order Has Nothing To Do With Fighting Anti-Semitism

December 18, 2019 | FlaglerLive | 11 Comments

trump anti-semitism order

The meat of this action is aimed at Israeli boycott movements on college campuses across the U.S. It threatens to withhold federal funding from schools where students organize events linked to the Boycott, Divest, and Sanctions (BDS) movement for Palestinian rights.

Florida House Revives Controversial College Survey That Would Undermine Intellectual Freedom

December 12, 2019 | FlaglerLive | 3 Comments

Viewpoint politics. (Brennan)

During the final hours of the 2019 legislative session, Senate Appropriations Chairman Rob Bradley, R-Fleming Island, warned senators the so-called intellectual freedom survey would “keep coming up again” and urged the Senate to block it from passing every time.

Amicus Curiae: The 16-Year-Old FPC Girl Was Racist. She Was Stupid. She Was Not Criminal.

December 11, 2019 | Pierre Tristam | 18 Comments

Assistant State Prosecutor Jason Lewis, left, shows FPC School Resource Deputy Jason Williams the computer the 16-year-old girl (now 17) used to write her side of the chat at the heart of the case, with another student, last December. Circuit Judge Chris France heard the case in a non-jury trial last week. A decision is expected in the next few days. (© FlaglerLive)

In the case of an FPC girl who wrote bigoted threats about her teacher last December, the prosecution is making outlandish claims that it was act of terrorism, stretching the meaning of a 2018 law passed after the Parkland massacre. The law does not apply, as even the prosecution acknowledged the case’s weaknesses.

250 Journalists Imprisoned Globally in 2019, Including Spike of 30 on ‘Fake News’ Allegations

December 11, 2019 | FlaglerLive | Leave a Comment

Where journalists are most prone to imprisonment. (CPJ)

The number of journalists imprisoned for their reporting globally reached at least 250 for the fourth consecutive year, with China and Turkey topping the list of the world’s leading jailers, the Committee to Protect Journalists found.

Flagler Students’ and Faculty’s ‘Football Sunday’ at Palm Coast Church Termed ‘Serious Constitutional Violation’

December 3, 2019 | FlaglerLive | 25 Comments

Football Sunday is held annually at Palm Coast United Methodist Church. (© FlaglerLive)

“Football Sunday” at Palm Coast’s United Methodist Church has annually invited students, coaches and faculty from FPC and Matanzas, among others, in religious services, drawing a rebuke from the Freedom from Religion Foundation on constitutional grounds.

School Board Rules Out Prayers at Meetings, Ending Controversy Started by August ‘Invocation’

November 19, 2019 | FlaglerLive | 15 Comments

The Flagler County School Board opted against prayers at its meetings. (© FlaglerLive)

School Board members Colleen Conklin and Andy Dance argued against the “circus” and divisiveness that would be invited if the board abandoned its custom of the last four decades and resumed opening meetings with prayers, ending a controversy began in August when Board Chairman Janet McDonald unexpectedly invited a pastor to offer an invocation.

Lawsuit Over Banned Use of Loudspeaker for Christian Prayer Before School’s Game Is Back On

November 13, 2019 | FlaglerLive | Leave a Comment

Captive audience. (Will C. Fry)

A federal appeals court Wednesday overturned the dismissal of a lawsuit about whether the Florida High School Athletic Association improperly prevented Christian schools from offering a prayer over the stadium loudspeaker before a 2015 state championship football game.

Flagler Is No Citrus: Local Officials Say New York Times Is Safe From ‘Fake News’ Censorship at Library

November 7, 2019 | FlaglerLive | 7 Comments

The Flagler County Public Library: a safe place for The Times. (© FlaglerLive)

In the wake of Citrus County commissioners rejecting a public library digital subscription to The New York Times, Flagler County’s library and government officials stressed that nothing like that would be tolerated locally.

China Plays the NBA

October 23, 2019 | FlaglerLive | 4 Comments

The obvious prioritization of commercial ties with a government that’s attacking demonstrators in Hong Kong and putting millions of ethnic Uyghurs in concentration camps is a damning statement about what the league — and the economic system it operates in — truly values.

Rabbi Shapiro Makes Legal Case Against Flagler School Board Reviving Invocations at Meetings

October 4, 2019 | FlaglerLive | 8 Comments

merrill shapiro

Palm Coast’s Merrill Shapiro, a member of the national board of Americans United for the Separation of Church and State, presented legal arguments at a talk Thursday against the Flagler County School Board’s potential return to starting meetings with invocations.

Christian Prayer at Flagler School Board Breaks 5-Decade Precedent, Without Most Board Members’ Consent

August 21, 2019 | FlaglerLive | 71 Comments

Jeanine Clontz, a pastor at Flagler Beach United Methodist Church, delivering a prayer before pitching her church to the audience at Tuesday's Flagler County School Board meeting.

School Board Chair Janet McDonald’s decision to start Tuesday’s meeting with a prayer by a pastor had not been approved by the board nor placed on the agenda, a violation of board procedures and a break with a nearly 50-year precedent.

Joe Mullins Steps Back From Harsher Homeless and Panhandling Rules After Hearing St. Augustine’s Rigid Approach

August 14, 2019 | FlaglerLive | 14 Comments

St. Augustine City Attorney John Cary addressed the Flagler Public Safety Coordinating Council on St. Augustine's experience with a strict new ordinance cracking down on homelessness and panhandling this morning. Bunnell Police Chief Tom Foster, left, represented the one city in Flagler that followed St. Augustine's lead, with a similar ordinance, though limiting penalties to civil citations, not criminal charges. (© FlaglerLive)

Flagler’s Public Safety Council heard how the homeless and panhandlers have been largely (but not completely) criminalized in St. Augustine, but were not eager to replicate the approach in Flagler.

Court Rules Brevard County Commission’s Prayer at Meetings Discriminatory Against Non-Believers

July 9, 2019 | FlaglerLive | 5 Comments

broward commission prayer

“Brevard County has selected invocation speakers in a way that favors certain monotheistic religions and categorically excludes from consideration other religions solely based on their belief systems,” a federal appeals court ruled.

Flagler County Officials Disavow Confederate Flag That Flew at Princess Place Preserve’s Caretaker Grounds

June 25, 2019 | FlaglerLive | 50 Comments

'I don’t go around advertising that flag, I don’t go around advertising nothing.' Gail Durrance said, taking down the Confederate flag she flew at the Princess Place Preserve, against a 'barn' used by county employees for their park vehicles and equipment. (© FlaglerLive)

A Confederate flag hung at the grounds of the caretakers for Flagler County’s Princess Place Preserve even as county employees came and went on the public park’s lands–until a Palm Coast resident noticed it and complained.

Trump Against the First Amendment

May 30, 2019 | FlaglerLive | 13 Comments

When Wikileaks had a sense of humor. (John Penley)

Julian Assange and Wikileaks are giving Trump a chance to challenge First Amendment freedoms of the press and get a radical ruling from his new buddies on the Supreme Court.

You Don’t Get To Discriminate Just Because You’re Religious

May 8, 2019 | FlaglerLive | 10 Comments

A fair housing protest in 1964 Seattle. (Wikemedia Commons)

A bill in Texas would allow professionals of all kinds — doctors, pharmacists, electricians — to deny services to LGBTQ customers on religious grounds, a consequence of a recurring misinterpretation of law.

The Real Threat To Free Speech On Campus

May 2, 2019 | FlaglerLive | 7 Comments

Conservatives complain when student protest hate speech, while progressive professors are the ones losing their jobs for speaking out as people of color and other marginalized demographics are demonized.

A Middle School PAL Coach Is Ordered Off Matanzas High Property for Wearing an FPC Shirt. Disbelief Follows.

May 2, 2019 | FlaglerLive | 57 Comments

Coach Derrick Griffin, seen here at Indian Trails Middle School, where he works, coaches PAL track and was asked to remove the FPC shirt he wore while on Matanzas High School's track. (© FlaglerLive)

Derrick Griffin, a 35-year-old Navy veteran and beloved and respected coach of 50 Indian Trails Middle School PAL track students, was ordered to wear a Matanzas shirt or get off Matanzas’ track the last week of the season.

Stetson Issues Explicit Defense of Free and Controversial Expression on Campus, Whatever the ‘Discomforts’

March 23, 2019 | FlaglerLive | 6 Comments

stetson free speech

In the culmination of a year-and-a-half process, Stetson University this week issued a statement firmly in defense of academic freedom and free, diverse and controversial expression on campus.

Emails May Be ‘Disgusting,’ But Judge Dismisses Part of NRA Lobbyist Hammer’s Lawsuit

November 21, 2018 | FlaglerLive | 6 Comments

NRA Lobbyist Marion Hammer, circa 1982. (Florida Memory)

A federal judge said Hammer was not threatened and the ugly emails she received are protected by the First Amendment. She received emails she objected to from three other men.

Flagler Schools Will Reluctantly Adopt Religious Freedom Policy Imposed By State

November 15, 2018 | FlaglerLive | 21 Comments

It's not just crosses, skullcaps and veils: a new policy will protect all religious expression, and non-expression, in public schools. (DragonOak)

The Flagler County school district is following state law in adopting a new but vague policy protecting religious expression, though some school board members say it’s an unnecessary imposition.

Saint Kavanaugh

October 4, 2018 | Pierre Tristam | 66 Comments

brett kavanaugh saint

Whether Kavanaugh was confirmed or not is irrelevant: whoever’s next might be less personally sleazy, more temperamentally amoebic, but judicially? Same shill, different name.

Judge Moore-Stens Denies Gag Order on Sheriff, Dissolving Mound of Motions In Eric Cooley Case

September 27, 2018 | FlaglerLive | 12 Comments

Defense attorney Josh Davis, left, shaking hands with Kayla Hathaway, the sheriff's office's attorney, after the hearing before County Judge Melissa Moore-Stens this afternoon. Assistant State Attorney Jason Lewis is to the right of Davis. (© FlaglerLive)

Telling the attorney seeking a gag order on Sheriff Rick Staly that he was on a “fishing expedition,” County Judge Melissa Moore-Stens this afternoon denied the motion, ending an unusual sideshow in the battery case against Flagler Beach City Commissioner Eric Cooley.

Open Court Proceedings Require NRA-Backed Gun Litigants To Be Named, Florida Argues

September 26, 2018 | FlaglerLive | 4 Comments

Two teens are conflating the right to bear arms with the non-existent right to sue anonymously. (Martin Suhl)

Attorney General Pam Bondi’s office is asking a federal appeals court to reject arguments that two 19-year-olds should be able to remain anonymous in a challenge to a new state gun law.

Attorney Calls For Gag Order on Sheriff Staly in Eric Cooley Case, Claiming Prejudicial Words

September 19, 2018 | FlaglerLive | 19 Comments

Palm Coast attorney Josh Davis has been critical of Sheriff Staly's folksy ways, such as the nick-naming of the county jail as the 'Green Roof Inn.' Davis considers the sheriff's approach prejudicial to defendants who've yet to be tried. (© FlaglerLive)

Palm Coast Attorney Josh Davis wants a court to muzzle Sheriff Rick Staly in the case of alleged domestic violence involving Flagler Beach City Commissioner Eric Cooley. The sheriff is having none of it.

Without Fear Or Favor. Or Whining.

August 26, 2018 | FlaglerLive | 44 Comments

Juan Gris' 'Le Journal,' 1916. press freedom

Defending the press against Donald Trump’s “enemy of the people” attacks may have its place, but reporters’ best bet is to shut up and do their job well: it’s the most eloquent response.

Supreme Court Clears Release of Parkland Massacre Videos School Board Sought to Block

August 22, 2018 | FlaglerLive | 1 Comment

A video still from surveillance footage outside Marjory Stoneman Douglas High School after the Feb. 14 massacre began.

The order sides with a coalition of news organizations and ordered the release of footage from the afternoon of Feb. 14, when 17 people were killed at the school.

In Restoration of Florida Felons’ Voting Rights, Lawyers Make Novel 1st Amendment Argument

July 26, 2018 | FlaglerLive | 9 Comments

Yraida Guanipa Miami felon voting rights

Lawyers for the plaintiffs maintain that Florida’s discretionary process violates the First Amendment, despite a dearth of cases anywhere in the country supporting that argument.

Flagler Government Will Crack Down On Mobile Campaign Billboards And Other Signs

July 11, 2018 | FlaglerLive | 15 Comments

mobile billboards

Flagler County commissioners will approve new rules next Monday regulating or banning campaign-sign-blaring vehicles and campaign signs from county properties.

Floridian Wins 2nd Case at Supreme Court Over Arrest During Public Comment

June 19, 2018 | FlaglerLive | 9 Comments

Fane Lozman is asked to leave, then arrested, during the meeting's public comment period.

Justices, in an 8-1 decision, sided with Fane Lozman, who filed a lawsuit against the city contending that the arrest involved retaliation for his outspoken criticism of officials in the Palm Beach County community.

Pious Homophobes Win One

June 10, 2018 | FlaglerLive | 32 Comments

masterpiece cakeshop gay wedding cake

The Supreme Court in its wedding-cake ruling declared gays once again second-class citizens, at least when their sexuality has to compete with someone else’s more stone-throwing version of Christianity.

Brushing Aside 1st Amendment Claim, Appeals Court Uphold Florida Ban on a Prison Magazine

May 22, 2018 | FlaglerLive | 2 Comments

prison legal news

Florida alone among 50 states bans Prison Legal News. Paul Wright, the publisher of the magazine, intends to appeal to the U.S. Supreme Court.

A Palm Coast Resident Says “School Shooting” In a Facebook Video That Has Nothing To Do with School Shootings. Cops Show Up.

April 18, 2018 | FlaglerLive | 22 Comments

Tony Lagano, 35, of Palm Coast, describes himself as an artist and a musician who won't censor himself. (Facebook)

Tony Lagano, 35, was upset over a family court issue and alluded to a school shooting in a sarcastic Facebook video last week, only to be visited by sheriff’s deputies.

Campus ‘Free Speech’ Bill Is A Litigation Nightmare in the Making

February 8, 2018 | FlaglerLive | 3 Comments

What would Louis Brandeis say? (Brandeis University)

The inappropriately named “Campus Free Expression Act,” approved Tuesday by a 7-4 vote of the Florida Senate Education Committee, would offer students about as much freedom as a prison yard.

Lawmakers Seek to Ban Campus “Free Speech Zones” and Make Universities Liable

February 6, 2018 | FlaglerLive | 6 Comments

Dennis Baxley, the Ocala Republican sponsoring the controversial bill, claims the visit by white supremacist Richard Spencer to the University of Florida last year has nothing to do with it. Opponents of the bill, including lawmakers at today's committee hearing, ridiculed the claim. (Digital spy)

Florida universities and colleges could be sued for up to $100,000 in damages if students or others “willfully” interfere with campus speakers or protestors.

Commission Weighs Repeal of Ban on
Public Funding For Religious Groups

January 21, 2018 | FlaglerLive | 3 Comments

florida church and state

Former Florida Supreme Court Justice Raoul Cantero urged a Constitution Revision Commission panel to repeal a constitutional ban on state support for religious groups.

“We Don’t Serve Gays”

December 9, 2017 | FlaglerLive | 56 Comments

Charlie Craig and David Mullins wedding cake

Invoking Christian belief to deny service to a gay couple is not a First Amendment right, nor is it a matter of artistic expression. It’s good old discrimination under a new mask.

Florida Voters May Get Chance to Lift Ban On Tax Subsidies to Religious Schools

December 1, 2017 | FlaglerLive | 21 Comments

A taste for subsidies. (Catholic Diocese of Saginaw)

A ban on state support for religious groups would be removed from the Florida Constitution under a proposal approved Wednesday by a Constitution Revision Commission panel.

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