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First Amendment

Arresting Speakers at a Government Meeting: Supreme Court Takes Up Florida 1st Amendment Case

November 14, 2017 | FlaglerLive | 1 Comment

How far may speakers go at public meetings before 'probable cause' exists to arrest them? (© FlaglerLive)

Fane Lozman alleges that a south Florida city violated his First Amendment rights by retaliating against him for his outspoken criticism during his public comment period.

Sheriff Tamps Down Rumors and Quackery of Antifa Apocalypse in Palm Coast This Weekend

November 1, 2017 | FlaglerLive | 15 Comments

The trumped-up image atop an August posting on a conspiracy-theory website that helped spread the false rumor of an anti-Trump uprising this weekend.

Conspiracy theorists have been in overdrive, inventing the coming of violent protests, even in Palm Coast, designed to overthrow Trump this weekend. The rumors are false.

An Aryan Ass Vomits At UF

October 19, 2017 | FlaglerLive | 20 Comments

richard spencer at uf

Protesting honors the flag, so does taking a knee during the anthem, but so does letting an idiotic white bigot have his 90 minutes on a stage at UF. Freedom of thought can take it.

Us? “Hateful?” White Nationalists Deny Charge as Richard Spencer Readies UF Appearance

October 18, 2017 | FlaglerLive | 10 Comments

Richard Spencer, who will be speaking at the University of Florida Thursday. (National Policy Institute/Facebook)

At the Charlottesville rally, Spencer supporters carried torches and chanted “Jews will not replace us” before a car plowed into a group of counter-protesters, killing Heather Heyer.

Scott Declares State of Emergency in Alachua as White Supremacist Prepares to Speak at UF

October 16, 2017 | FlaglerLive | 21 Comments

What Scott doesn't want in Gainesville: another display of bigotry as in Charlottesville this summer. (Anthony Crider)

Sheriff Sadie Darnell sought the emergency declaration “more so of being able to get the resources needed to prepare, rather than a sense of alarm regarding the protest.”

White Supremacist Scheduled for UF Speech On Oct. 19, Costing University $500,000

October 6, 2017 | FlaglerLive | 21 Comments

H.L. Mencken would not have approved of Richard Spencer. (Facebook)

University President Kent Fuchs initially balked at a proposal for Spencer, a lightning-rod figure, to speak on campus in September. The threat of a federal lawsuit forced him to reverse course.

Confederate Monuments’ Phony History

August 19, 2017 | FlaglerLive | 39 Comments

Carved on Stone Mountain, Ga., the horsemen of the Confederacy: Robert E. Lee, Thomas (Stonewall) Jackson and Jefferson Davis. See a detail of the carving below. (Wikimedia Commons)

The irony of the debate over removal of Confederate monuments is that it supposes a removal of history when the monuments themselves were intended to re-write it.

UF Prepares For White Supremacist Richard Spencer, a Rally Participant in Charlottesville

August 15, 2017 | FlaglerLive | 15 Comments

Richard Spencer heads the the National Policy Institute, a racist think tank that advocates a whites-only nation. (V@s)

National Policy Institute President Richard Spencer, who made an appearance at the Charlottesville event, could speak at the University of Florida next month. Authorities are taking measures.

Health Providers Prevail Over Gun Promoters in Guns v. Glocks Duel as 2011 Law Dies

June 12, 2017 | FlaglerLive | 11 Comments

Doctors and other health care providers have the right to ask patients about the presence of guns in their home, a court ruled, declaring a 2011 Florida law unconstitutional. The law had never gone into effect because of pending litigation. (Martin de la Iglesia)

The plaintiffs in the case, including individual doctors, argued that the restrictions were a violation of their First Amendment rights. A federal court agreed.

When Elected Officials Block Constituents on Twitter or Facebook, Possibly Breaking the Law

June 11, 2017 | FlaglerLive | 3 Comments

social media free speech censorship fan lijun propaganda

As elected officials increasingly turn to social media to communicate with constituents, some are blocking those who disagree with them. Some say it violates the First Amendment.

The Legislature’s Mullahs Threaten
Religious Freedom in Florida Schools

March 31, 2017 | FlaglerLive | 20 Comments

religious expression public schools

The Florida Legislature is about to approve a bill that would give religion preferential treatment in public schools, destroying a balance between secular rights and already inviolate personal expression.

Bill Vastly Diminishing Separation of Church and School Passes Florida Senate, 23-13

March 24, 2017 | FlaglerLive | 14 Comments

separation of church and school

The proposal would allow religious speakers and messaging at school-sponsored events, and would allow students to engage in organized prayer groups during the school day and with the participation–though not the sponsorship–of school personnel.

Legislating Free Speech on Florida’s College Campuses? Not So Fast.

February 27, 2017 | FlaglerLive | 9 Comments

free speech board

A Legislative committee pondered on proposed legislation called the Campus Free Speech Act. Stanley Kurtz, a conservative academic, told lawmakers the measure would defend the right for people to speak their minds at the state’s universities.

I Am An Enemy Combatant

February 25, 2017 | Pierre Tristam | 44 Comments

enemy of the people pierre tristam

The media has been the enemy since the earliest days of the Republic. But to be an enemy in America is what all of us at one point or another have been or will be. It is an American responsibility. It’s proof of our beloved American citizenship.

Protesters, True Patriots

February 17, 2017 | FlaglerLive | 42 Comments

tristam protest

Freedom for the thought we agree with is as cheap as a Facebook click on the like button. Freedom for the thought that we hate is what separate Americans from thuggery.

1st Amendment Trumps 2nd: Court Says Doctors Have Right To Ask About Guns at Home

February 17, 2017 | FlaglerLive | 13 Comments

guns glocks first amendment

Major portions of a controversial Florida law restricting physicians and other health-care providers from asking patients about guns is unconstitutional, a federal appeals court ruled.

Judge Rules No Discrimination In Bakers’ Refusal to Call Gays “Abomination” on a Cake

February 10, 2017 | FlaglerLive | 14 Comments

gay discrimination gay message cake

A customer had accused an Orlando bakery of religious discrimination when the owners refused to make a cake with the words “Homosexuality is an abomination unto the Lord.”

After NY Cop Salutes Violence Against Anti-Trump Protester, His Online Post Comes Under Review

February 3, 2017 | FlaglerLive | 1 Comment

trump supporters altercation

An anti-Trump marcher got punched in the face. A Port Authority cop posted “Grow up bitches and get a job.” The department’s inspector general gets a referral.

Federal Judge Dubious of Florida Law Requiring Abortion Counselors To Register

January 30, 2017 | FlaglerLive | 3 Comments

abortion counseling

U.S. District Judge Robert Hinkle repeatedly challenged an attorney fpor Attorney general Pam Bondi over the seemingly prosecutorial intent of the law, which penalizes those who don’t register.

President Fake

January 27, 2017 | Pierre Tristam | 92 Comments

donald trump lie power

We’ve been worried about fake news from all the wrong places. The most promiscuous peddler of fake news is the president himself, Donald J. Trump. That’s dangerous for media, for America and for democracy.

Flagler School Board Finds New Way to Recite The Pledge: With Pixels and iPhone For All

December 20, 2016 | FlaglerLive | 11 Comments

jacob oliva pledge of allegiance

In a retreat at Cattlemen’s Hall on the county fairgrounds today, the Flagler School Board faced a dilemma: there was no flag to which to recite the Pledge of Allegiance. A minor debate ensued, then Superintendent Jacob Oliva found a solution.

Unlikely Alliance of Clergy and Pro-Choice Advocates Sue to Block Florida’s Abortion Law

December 14, 2016 | FlaglerLive | 3 Comments

abortion law first amendment clergy pro-choice

Plaintiffs including rabbis, ministers and non-profits contend they don’t have medical training and aren’t qualified to offer information not spelled out in the abortion law.

Citing Secular Protocol, Florida Athletic Association Rejects Schools’ Claim That Prayer Was Muzzled

October 22, 2016 | FlaglerLive | 4 Comments

Team Jesus v. Florida High School Athletic Association. (© FlaglerLive)

Florida law does not require, and for good and valid reason does not permit, the FHSAA to promote prayer through state-run public address systems, the athletic association argues.

Court Sees No Crime in Sarasota High Student’s Tweeted Threats to “Shoot Up” His School

September 29, 2016 | FlaglerLive | 5 Comments

twitter school shooting threats

A 16-year-old high school student who repeatedly threatened on Twitter to shoot up his school in Sarasota did not commit a crime because his threats were not directed at anyone in particular, the second District Court of Appeal ruled Wednesday.

Tampa Christian School Files Suit Over Ban on Loudspeaker Prayer at Football Game

September 28, 2016 | FlaglerLive | 8 Comments

christian foorball prayers

The nonprofit that operates Cambridge Christian School in Tampa said the Florida High School Athletic Association violated its civil rights by banning the private school and its opponent from joining in prayer over the loudspeaker at the game.

Why I Stand For The National Anthem

September 10, 2016 | FlaglerLive | 33 Comments

no day shall erase you from memory 9/11 museum

There is outrage on the anniversary of 9/11: the outrage should be directed at those who have taken for granted the liberty and privilege of being a professional athlete by showing disrespect to our National Anthem by way of protest.

Masked Man Who Taunted Lamb at Sheriff’s Forum Is Unmasked as Whisenant Supporter

August 9, 2016 | FlaglerLive | 32 Comments

richard rubin

Richard Rubin, a twice-arrested local resident and supporter of Mark Whisenant’s sheriff’s campaign, attempted to rattle candidate John Lamb Monday evening by riding masked and in camouflage and holding up a sign claiming Lamb and his family did not live in the county, a false claim.

Fershtay? Appeals Court Rules Florida May Not Halt Offering Kosher and Halal Meals to Prisoners

July 15, 2016 | FlaglerLive | 8 Comments

jail food flagl;er kosher halal

Florida prison officials argued they had a right to stop offering kosher meals if they got too expensive. The 11th Circuit Court of Appeals said no in a unanimous decision.

The Closing of the Academic Mind

March 16, 2016 | FlaglerLive | 13 Comments

Bobst Library at New York University.

Any denial of academic freedom is a blow struck against the meaning of a university. The irony today is that some of the most worrying attacks on academic freedom have been coming from inside university.

E Pluribus Un-American:
The Judeo-Christian Smear of Islam

February 5, 2016 | FlaglerLive | 32 Comments

obama mosque religious tolerance pierre trista,m

President Obama’s trip to a mosque to reassure American Muslims of their importance should have been unnecessary. It reveals how deep-seated prejudice remains, especially that of conservative Christians who claim to preach acceptance.

Florida’s “Pastor Protection Act” Seen as Defense of Clergy or Latest Bias Against LGBT

January 31, 2016 | FlaglerLive | 15 Comments

pastor protection act florida

The proposal, which was approved this week by a Senate committee, would prevent clergy members from being forced to perform marriage ceremonies contrary to their beliefs.

Florida Prisons, Already Censoring a News Publication, Now Seek to Censor Legal Brief

December 30, 2015 | FlaglerLive | 3 Comments

The Florida Department of Corrections is seeking to block state and national media organizations from filing a brief in a legal battle about whether a publication should be barred from Florida’s prisons.

Artless Censors: The Flagler’s School Board’s Misplaced Allegiance to “Staff”

December 18, 2015 | FlaglerLive | 21 Comments

flagler school board pledge flag

The Flagler school board shirked its responsibility when it chose to be a cheerleader for a principal instead of offering guidance and oversight after a student’s art work was censored at FPC.

Stillbirth: FPC Art Student May Show His Class Work at a Gallery, But Not At His Own School

December 3, 2015 | FlaglerLive | 8 Comments

patrick conklin rebirth and enlightenment fpc

A provocative painting by Patrick Conklin, a senior at FPC, was banned from display at his school but allowed at an art gallery, triggering a broad discussion on the lines between expression, censorship, fear and propriety.

Should Government Censor Offensive Speech? 40% of Millennials Say Yes. That’s a Problem.

November 29, 2015 | FlaglerLive | 33 Comments

george carlin free speech

Surprisingly, the Pew survey finds nearly twice as many Democrats as Republicans saying government should be able to stop speech against minorities. Independents are in the middle.

Not All Speech Is Free: County Slams McDonald for Legal Fees Over “Knowingly False” Claims

November 17, 2015 | FlaglerLive | 8 Comments

dennis mcdonald ethics commission

Dennis McDonald, the Ronald Reagan Assembly member and frequent critic of government, said he’ll “absolutely” contest the county’s move on First Amendment grounds.

Superintendent Apologizes Over Gender-Neutral 8th Grader Sanctioned for Wearing a Dress

October 17, 2015 | FlaglerLive | 31 Comments

gender neutral florida middle school controversy

Leon County School Superintendent Jackie Pons apologized to the family of an 8th grader who identifies as neither boy nor girl, but who was accused of violating the dress code for wearing a dress on Tuesday. The violation was, in fact, committed by the school principal.

Anonymous Internet Browsing at the Public Library? Not if Homeland Security Finds Out.

September 14, 2015 | FlaglerLive | 3 Comments

anonymous internet browsing dhs

A library that allowed Tor users around the world to bounce their Internet traffic through the library, masking users’ locations reversed course after getting word from the Department of Homeland Security.

“God’s Authority” Has No Place In Civil Government

September 7, 2015 | FlaglerLive | 120 Comments

kim davis gay marriage jail

Kim Davis is not the problem. She’s a symptom of a dangerous movement that seeks to carve out religious objections all over the law books, making civil government a vassal of religious edicts.

Alone Among 50 States, Florida’s Ban on Prison Newspaper Is Upheld

September 1, 2015 | FlaglerLive | Leave a Comment

prison legal news

Florida Corrections officials have censored the publications for six years, objecting to certain ads and calling them a security risk. No other state prison system agrees.

SLAPP This: Florida Scores a Big Free Speech Victory Against Intimidation Lawsuits

August 27, 2015 | FlaglerLive | 1 Comment

slapp lawsuits

It was a rare success in the last Florida Legislative session: a new law protecting the public from frivolous corporate or otherwise intimidating lawsuits intended to silence public expression in government issues.

GOP Opens Special Session With Complaints That Fair Districts Infringe on Free Speech

August 10, 2015 | FlaglerLive | 2 Comments

tom Lee first amendment

Senators scolded the Florida Supreme Court for trampling on their First Amendment rights as lawmakers began a special session Monday aimed at redrawing congressional districts the court said were gerrymandered to help the Republican Party.

Federal Court Upholds Docs v. Glocks Law Forbidding Physicians From Asking About Guns

July 30, 2015 | FlaglerLive | 8 Comments

guns glocks

The 2-1 decision by a panel of the 11th U.S. Circuit Court of Appeals was a victory for the National Rifle Association and other gun-rights advocates and a defeat for medical groups that argued, at least in part, that the law infringed on doctors’ First Amendment rights.

Florida’s Impending “Pastor Protection Act” Weds Spurious Scenarios With Homophobia

July 16, 2015 | FlaglerLive | 28 Comments

The proposal is aimed at safeguarding clergy members from being forced to perform gay-marriage ceremonies even though they’re categorically protected from doing so by the First Amendment.

Palm Coast’s Sign Regulations May Be Forced to Loosen, City Attorney Warns

July 14, 2015 | FlaglerLive | 3 Comments

signs us supreme court city regulations

The changes, which would likely relax Palm Coast’s rules, would be required to comply with a new U.S. Supreme Court ruling making the regulation of temporary signs on private property much more difficult.

The Fundamentalists Next Door

May 24, 2015 | FlaglerLive | 71 Comments

flaglerlive support

It is up to the citizens of Flagler County–no matter your political persuasion or your party affiliation, your social views and religious beliefs–not to allow the voices of ignorance and intolerance decide what information you are permitted to consume.

In a Surprise, U.S. Supreme Court Upholds Florida Ban on Judicial Candidates’ Fundraising

April 30, 2015 | FlaglerLive | 1 Comment

chief justice john roberts elena kagan us supreme court campaign finance

The 5-4 decision, written by Chief Justice Roberts, upholds a ban in a case started by Lanell Williams-Yulee, who in 2009 sent out a mass mailing asking for campaign contributions during her bid for a Hillsborough County judgeship.

Net Neutrality’s Biggest Deal: FCC Rules Would Keep Internet Open

February 11, 2015 | FlaglerLive | 16 Comments

If the FCC ignores big cable and communications companies’ pressure and approves the rules, it would be one of the greatest public policy victories in decades, argue Matt Wood and Candace Clement.

Florida Prison Ban on Beards Violates Muslim Inmates’ Religious Rights, Supreme Court Rules

January 20, 2015 | FlaglerLive | Leave a Comment

The U.S. Supreme Court unanimously ruled that Florida and six other states could not ban inmates from growing beards for religious reasons. The case originated in Arkansas.

When Bigots Hide Behind Religious Freedom

January 16, 2015 | FlaglerLive | 31 Comments

Kelvin Cochran, the former Atlanta fire chief, and his supporters, are using the veil of religious freedom to justify homophobic and bigoted views that have no place in the workplace.

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