Nearly a decade after the event was held amid a crime spree, a federal judge Wednesday ruled that the city of Ocala violated the U.S. Constitution in organizing and carrying out a prayer vigil. U.S. District Judge Timothy Corrigan issued a 50-page decision that sided with atheists, who argued the prayer vigil in a town square violated the Establishment Clause of the Constitution.
first amendment
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.
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.
Matanzas Student Who Wrote Song Threatening Dean’s Life Pleads to Deal That May Erase the Charge
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.
‘This Is Wrong,’ Attorney Says of Matanzas Student’s Arrest Over Rap Song Threat, Citing 1st Amendment
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.
Republicans in Florida and Elsewhere Respond to Black Lives Matter with Anti-Protest Bills
Republican legislators in Florida and 21 other states are considering tough new penalties for protesters who break laws. As in Florida, some of the bills also would prevent localities from cutting police budgets and give some legal protection to people who injure protesters.
Sedition Is Not a 1st Amendment Right, and There’s No Comparison With BLM Marches
Mob participants claim they were only exercising their First Amendment right to protest, and that Black Lives Matter protests and riots didn’t draw the same scrutiny. Both narratives are factual and moral frauds that hide behind liberal rationales to perpetrate reactionary lies and justify the unconscionable.
DeSantis Calls for Criminalizing Numerous Acts By Protesters While Protecting Those Who Hurt Them
DeSantis, a staunch supporter of Trump, calls for new felony crimes when property is damaged or when people are injured as a result of protests while drivers would not be liable for injuries or deaths “caused if fleeing for safety from a mob.”
Stop Cloaking Bigotry in Veils of ‘Religious Freedom’
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.
Flagler Politicians, Take Note: Brevard Taxpayers Just Paid $490,000 to Settle Illegal Christian Prayers at Meetings
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.
Mullins-Centered Facebook Barbs Termed ‘Mishegoss’ But ‘Private’ As County Commission Rejects Censure
County Commission Chairman Dave Sullivan rejected a call to censure fellow-Commissioner Joe Mullins today and said he would not entertain discussions of Mullins’s Facebook page–nor Mullins attempts to regulate media in any way.
Court Rules Brevard County Commission’s Prayer at Meetings Discriminatory Against Non-Believers
“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.
Trump Against the First Amendment
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.
Emails May Be ‘Disgusting,’ But Judge Dismisses Part of NRA Lobbyist Hammer’s Lawsuit
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
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.
Bunnell Takes Page From St. Augustine to Adopt Harshest Anti-Panhandling Rules in Flagler
Bunnell’s new ordinance prohibits panhandling within 20 feet of any business or commercial property, alongside drivers or diners, but limits penalties to fines.
Judge Moore-Stens Denies Gag Order on Sheriff, Dissolving Mound of Motions In Eric Cooley Case
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.
Claiming Judge Moore-Stens “Abused” Her Discretion, Sheriff Staly Appeals to Circuit Court for Stay on Subpoena
Sheriff Staly and his office in a flurry of legal moves today attempted to quash a subpoena that would have him testify Thursday in Flagler Beach Commissioner Eric Cooley’s case of alleged domestic violence.
Attorney Calls For Gag Order on Sheriff Staly in Eric Cooley Case, Claiming Prejudicial Words
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.
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.
Floridian Wins 2nd Case at Supreme Court Over Arrest During Public Comment
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.
Brushing Aside 1st Amendment Claim, Appeals Court Uphold Florida Ban on a Prison Magazine
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.
Florida Voters May Get Chance to Lift Ban On Tax Subsidies to Religious Schools
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.
KKK Fliers Targeting Jews Dropped in Front of Flagler Beach Homes, Latest in Multi-City
Rash From Same Hate Group
The KKK flier attacks Jews and warns of “white extinction,” and is from the same group that’s been dropping fliers in Florida, North Carolina and Virginia since the Charlottesville rally of white supremacists.
Stunner On Birth Control: Trump’s Moral Exemption Is Geared To Just 2 Groups
A separate rule allowing employers that are not religious organization to deny contraceptive coverage to employees is geared toward anti-abortion groups, but its legal status is doubtful.
Health Providers Prevail Over Gun Promoters in Guns v. Glocks Duel as 2011 Law Dies
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
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
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
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.
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
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
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
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.
After NY Cop Salutes Violence Against Anti-Trump Protester, His Online Post Comes Under Review
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
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.
Unlikely Alliance of Clergy and Pro-Choice Advocates Sue to Block Florida’s Abortion Law
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
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.
Tampa Christian School Files Suit Over Ban on Loudspeaker Prayer at Football Game
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
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.
The National Anthem’s False Notes
Blasphemous as it seems, Colin Kaepernick’s freedom to sit out the Star Spangled Banner is written in the anthem’s very words, though his tormentors are more disturbed by his message, which they would rather not hear.
Donald Trump’s War on Media: The Case For Fighting Back
It’s not a stretch to say that last week in Daytona and Thursday night in Kissimmee, Trump and his surrogates were literally inciting mobs against the media. Not casually or with humor, but with calculated and malicious anger.
Masked Man Who Taunted Lamb at Sheriff’s Forum Is Unmasked as Whisenant Supporter
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
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.
Media Groups Shut Out of Federal Lawsuit Over Prison Newspaper Ban
A federal appeals court has turned down a request by media groups to file a friend-of-the-court brief in a dispute about whether the Florida Department of Corrections can ban a publication from the state’s prisons.
Florida Prisons, Already Censoring a News Publication, Now Seek to Censor Legal Brief
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”
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.
Should Government Censor Offensive Speech? 40% of Millennials Say Yes. That’s a Problem.
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.
Florida’s Clergy Did Not Need More Protection from Gays. They Don’t Bite.
Florida lawmakers in each chamber are plowing ahead with bills to protect the religious freedoms of lawsuit-fearing clergy in case the U.S. Constitution doesn’t. It’s entirely unnecessary, argues Nancy Smith.
How Does Lawbreaking Kim Davis Get to Keep Her Job?
The law of the land isn’t an item on an a la carte menu from which elected officials can pick and choose, argues Nancy Smith, who says Kim Davis should have been removed from office by the governor.
“God’s Authority” Has No Place In Civil Government
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.