First Amendment

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Responding to The Washington Post's Walter Pincus on Leaks and Shield Laws

By Gabe Rottman, Legislative Counsel, ACLU Washington Legislative Office at 3:11pm

Washington Post national security reporter Walter Pincus has recently written several columns criticizing the press and First Amendment advocates...

Should Facebook Censor Misogynistic Material?

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 9:57am

The New York Times ran an article yesterday about pressure that is mounting on Facebook to censor websites full of awful misogynistic material. The company said it was reviewing its processes for dealing with content under its hate speech policy.

Standing Up for the Rights of Students to Free Expression

By Mary Beth Tinker at 11:39am

I have zero tolerance for schools that punish students for exercising their First Amendment rights. Students like Wesley Teague, who joked about his school's athletic department and Kyron Birdine, who was suspended for mocking standardized tests, did nothing more than exercise their right to freedom of expression. Free speech is a right that students need to understand, expect, and use responsibly. Because expressing yourself isn't always the popular thing to do, I'm going on a "Tinker Tour" to encourage students to know the First Amendment and to hear how they're using it in their lives.

Justice Department's Overreaching on Leaks Threatens Freedom of the Press

By Gabe Rottman, Legislative Counsel, ACLU Washington Legislative Office at 3:54pm

A week after the Department of Justice notified the Associated Press that it had secretly seized records for more than 20 phone lines...

In Disturbing Trend, Kansas School the Latest to Punish Student for Harmless Tweet

By Greger Calhan, Legal Fellow, ACLU, Racial Justice Program & Brian Hauss, Legal Fellow, ACLU Speech, Privacy and Technology Project at 2:46pm

Update: An earlier version of this post did not cite Heights High School's letter to Wesley and his parents, which was originally published on KWCH.com.

In Kansas, joking about sports can be hazardous to your high school graduation. Wesley Teague, the senior class president at Heights High School in Wichita, Kansas, found this out the hard way. In a gently mocking 48-character Twitter post, Wesley wrote:

DOJ's AP Phone Logs Grab Highlights Renewed Need for Shield Law

By Gabe Rottman, Legislative Counsel, ACLU Washington Legislative Office at 1:31pm

Update: The administration has asked Sen. Schumer to reintroduce the Free Flow of Information Act, Rep. John Conyers (D-Mich.) just announced that he will do so in the House, and Rep. Ted Poe (R-Texas) introduced a similar bill today. The administration should certainly be commended for taking proactive steps to prevent this from happening again. That said, the administration can’t get in the way this time. The demand in 2009 for a broad exception for national security leaks cases delayed the bill, and tempered enthusiasm among Democrats for the bill in the face of strong opposition by certain Republicans. The 2013 bill must protect against what happened here with the AP, and it’s not clear that the 2009 White House compromise would have done so.

"Ag-Gag" Not Just About Animal Welfare

By Gabe Rottman, Legislative Counsel, ACLU Washington Legislative Office at 9:54am

A story out of Utah this week neatly showcased the rising concerns among civil liberties and press freedom groups around so-called "ag-gag" laws, which, in various ways, make it illegal to document animal abuse on factory farms and other agricultural businesses. In Utah, authorities charged a local woman with taking photographs of animal cruelty from a public vantage point, and then quickly dropped the charges after significant public outcry.

Anti-Prostitution Pledge Puts Free Speech at Risk

By Mie Lewis, Women's Rights Project at 12:10pm

Yesterday, we filed a friend-of-the-court brief in the Supreme Court in a case called United States Agency for International Development v. Alliance for Open Society International, opposing the so-called "Anti-Prostitution Pledge." The Pledge is a requirement that public health organizations who wish government funding for their work combatting AIDS and other diseases make a formal statement "opposing prostitution."

SimCity and the Digital Divide

By Gabe Rottman, Legislative Counsel, ACLU Washington Legislative Office at 5:14pm

I grew up in a non-Nintendo household, and so was weaned on PC games. One of my favorites was the mayor-simulator SimCity. Launched in 1989, the addictive and soon-to-be venerable title became the first name in sleepless nights for kids with limited athletic ability.

After almost a decade, Electronic Arts released a new SimCity title last week, which has drawn critical praise for the game itself and widespread condemnation for extensive EA infrastructure issues that are preventing many purchasers of the game from playing (Minnesota Vikings punter Chris Kluwe even weighed with some colorful criticism). You see, SimCity requires a persistent broadband connection to the internet, even when playing single player, and the game's servers are having difficulty handling the load. (I should note that EA claims the always-on feature is integral to the game, though many believe it is simply a form of digital rights management, or "DRM," put in place to prevent copyright infringement and piracy.)

New Expansion of Stalking Law Poses First Amendment Concerns

By Gabe Rottman, Legislative Counsel, ACLU Washington Legislative Office at 1:55pm

Nestled away in the Violence Against Women Reauthorization Act of 2013 (VAWA 2013), which was signed last week by President Obama and is otherwise a very good law, exists a provision that may significantly broaden the already overly expansive federal stalking law.

The original statute, interestingly enough, was the law Paula Broadwell was suspected of violating when the FBI investigation uncovered the Petraeus affair last year, which I wrote about here. Right now, the statute covers two different types of conduct.

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