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The logic of liberty had drastic implications. If the individual conscience is supreme in religious matters, why shouldn't it extend to civil matters as well?

Excerpt from:
The Libertarian Origins of Rhode Island

by Gene Healy

Gene Healy is a vice president at the Cato Institute and the author of The Cult of the Presidency: America’s Dangerous Devotion to Executive Power.

Added to cato.org on May 8, 2012

This article appeared in The DC Examiner on May 8, 2012.

As a small-”l” libertarian, it’s not often I can say that National Public Radio cheers me up on my way into work. But it did the trick yesterday morning with an All Things Considered feature titled “Libertarians Find Their Voice in 2012 Race.”

“Somewhere on the path to the White House this year,” the announcer declared, “a powerful set of ideas began to creep into the mainstream debate over which direction the country will take. … free and open markets and extremely limited government. Those ideals are now becoming more mainstream.” Case in point, according to NPR, was the Libertarian Party’s decision Saturday to make former Republican Gov. Gary Johnson of New Mexico its nominee for president.

When the federally funded voice of urbane, upper-middle class liberalism says we’re on the verge of a “libertarian moment,” that’s what the lawyers call an “admission against interest,” and it’s worth paying attention.

[T]o be a libertarian is to be eternally fractious and dissatisfied, refusing to take yes for an answer.

Watching the Libertarian Party over the years, I’ve sometimes had the feeling that, as George Bernard Shaw once snarked about socialism, “we should have had libertarianism already, but for the Libertarians.”

In 2004, the LP’s presidential standard-bearer was Michael Badnarik, a freelance constitutional lecturer who taught that the federal income tax was optional and refused to obtain a drivers’ license despite campaigning by car. In 2006, the Montana LP nominated 67-year-old Stan Jones for the U.S. Senate. Because of his odd pallor, Jones quickly became known as “the blue guy.” A survivalist who in the 1990s was worried about the impending Y2K crisis, Jones began taking a homemade antibiotic laced with collodial silver that permanently changed his complexion (“a true blue libertarian,” the Washington Post called him). This weekend’s LP convention, televised on C-Span, was a relatively buttoned-down affair, with most of the delegates in suits (though the irrepressible, omnipresent Starchild, libertarian activist and male exotic dancer, opted for a bare-midriff miniskirt number).

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Libertarian Gary Johnson: Spoiler Alert?

Your First Amendment rights are probably the last thing you think about when you click the Like button on Facebook.

Excerpt from:
Facebook Like Can Get You Fired, Says Judge

Monday, May 7, 2012

The Tennessean reports that journalist and First Amendment advocate John Seigenthaler will talk about the founding nearly 50 years ago of Metro Nashvilles city-county government in a speech this week at the University Club of Nashville.

Seigenthaler, chairman emeritus of The Tennessean and founder of the First Amendment Center, will speak at 6 p.m. on May 9.

Tags: Seigenthaler

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Seigenthaler to speak on Nashville government

RICHMOND, VA (WWBT) –

The First Amendment is taking center stage in a Virginia Federal Court.

Free Speech groups are suing the Giles County Public School Board, trying to get rid of a display of the Ten Commandments at a public school.

The heated debate over displaying the Ten Commandments at Narrows High School has been lingering for years.

The Giles County School Board has taken down and reposted the Ten Commandments display several times in the last few years. The ACLU is suing the school board, arguing the display violates the First Amendment’s protection against government endorsement of religion. The school board says the Ten Commandments are part of a larger presentation of historical documents like the U.S. Constitution. Both sides are asking a federal judge to rule on this case before it goes to trial.

The Richmond Times-Dispatch is reporting the judge in this case hopes to resolve this issue before the upcoming school year.

Copyright 2012 WWBT NBC12. All rights reserved.

Continued here:
Ten Commandments lawsuit in Giles County

AP

And it is working. According to the Christian Science Monitor, over the weekend, Ron Paul’s people absolutely swept through the state conventions in Maine and Nevada.

Paul won a majority of contested delegates in Maine. And he took 22 more delegates in Nevada, compared to 3 for Romney.

And Paul has already done itin Massachusettsand Alaskatoo.

So what does it mean?

Mathematically, Paul can’t organize enough delegates to overtake the ones that are assigned to vote for Romney.

But he can gain enough clout within the party that he can force votes on his issues in meetings to determine the GOP platform. And his supporters could force a floor vote that will make the Republican convention look much more divided and contentious than the Democratic one.

He’s already setting himself up to take the second most-delegates to the Tampa convention (ahead of Santorum who out-polled him in most states). And that may guarantee him a prime-time speech.

But the real question is what do all these Paul-aligned people do the rest of this year and in the future, now that they are part of their local Republican party?

Paul’s campaign has injected a serious shot of libertarianism into the GOP bloodstream.

Excerpt from:
Ron Paul Crushed Mitt Romney In Maine and Nevada This Weekend

May 082012

ON my desk right now are reporter Timothy Noah’s new book The Great Divergence: America’s Growing Inequality Crisis and What We Can Do about It and Milton and Rose Director Friedman’s classic Free to Choose: A Personal Statement.

Considering them together, my overwhelming thought is that the Friedmans would find their task of justifying and advocating small government libertarianism much harder today than they did in 1979. Back then, the Friedmans made three powerful factual claims about how the world works claims that seemed true or maybe true or at least arguably true at the time, but that now seem to be pretty clearly false. Their case for small government libertarianism rested largely on those claims and has now largely crumbled because the world it turned out disagreed with them about how it works.

The first claim was that macroeconomic distress is caused by the government, not by the unstable private market, or rather that the form of macroeconomic regulation required to produce economic stability is straightforward and easily achieved. The Friedmans almost always made the claim in its first form: they said that the government had “caused” the Great Depression. But when you dug into their argument, it turned out that what they really meant was the second: whenever private market instability threatened to cause a depression, the government could avert it or produce a rapid recovery simply by purchasing enough bonds for cash to flood the economy with liquidity.

In other words, the strategic government intervention needed to ensure macroeconomic stability was not only straightforward, but also minimal: the authorities need only manage a steady rate of money supply growth. The aggressive and comprehensive intervention that Keynesians claimed was needed to manage aggregate demand and that Minskyites claimed was needed to manage financial risk was entirely unwarranted.

Real libertarians never bought the Friedmans’ claim that they were as advocating a free-market, “neutral” monetary regime: Ludwig von Mises famously called Milton Friedman and his monetarist followers a bunch of socialists. But, whatever its packaging, the belief that macroeconomic stability requires only minimal government intervention is simply wrong. In the US, Federal Reserve chairman Ben Bernanke has executed the Friedmanite playbook flawlessly in the current downturn, and it has not been enough to preserve or rapidly restore full employment.

The second claim was that externalities were relatively small, or at least that they were better dealt with via contract and tort law than through government regulation, because the disadvantages of government regulation outweighed the harm done by those externalities that the legal system could not properly address. Here, too, reality does not seem to have endorsed Free to Choose. In the US, this is most apparent in changing attitudes towards medical malpractice lawsuits, with libertarians no longer viewing the court system as the preferred arena to deal with medical risk and error.

The third and most important claim is the subject of Noah’s The Great Divergence. In 1979, the Friedmans could confidently claim that, in the absence of government mandated discrimination (for example, the South’s segregationist Jim Crow laws), the market economy would produce a sufficiently egalitarian distribution of income. After all, it had appeared to do so at least for those who did not suffer from legal discrimination or its legacies for the entire post WWII era.

So the Friedmans argued that a minimal safety net for those whom bad luck or a lack of prudence had rendered destitute, and elimination of all legal barriers to equality of opportunity, would lead to the most equitable outcomes possible. Profit-seeking employers, using and promoting human talents, would bring us as close to a free society of associated producers as is attainable in this fallen sublunary sphere.

Here, too, the Friedmans’ hopes have been disappointed. The end of American preeminence in education, the collapse of private-sector unions, the emergence of a winner-take-all information age economy, and the return of Gilded Age-style high finance have produced an extraordinarily unequal pre-tax distribution of income, which will burden the next generation and make a mockery of equality of opportunity.

It would have been nice if the political programme laid out a generation ago in Free to Choose had lived up to the Friedmans’ billing. It would have been nice if a relatively equal and prosperous society with full employment and equal opportunity had followed from a government that stood back from the economy and provided nothing but a minimal safety net, courts and a constantly growing money supply.

View original post here:
Re-capturing the Friedmans

Under 30s Playing Hard to Get

Continued here:
Libertarian Leanings of Young Voters Dampen Obama's Appeal

By Jess Bravin

J. Harvie Wilkinson, the federal appeals judge from Charlottesville, Va., long has carried a contrarian streak.

The Reagan appointee disputed President George W. Bushs advice to take up cross-training, possibly costing him elevation to the Supreme Court.

And last month, receiving the Federalist Societys Lifetime Service Award at Georgetown University, Judge Wilkinson hinted that the high court he nearly joined should think twice before striking down the symbol of everything contemporary conservatives revilethe health care overhaul President Barack Obama signed into law over near-unanimous Republican opposition.

It may of course seem tempting to press the advantage when one seemingly has a judicial majority at hand. But this wheel shall turn, Judge Wilkinson said. Lasting credibility on an issue such as judicial restraint requires us to practice it, as the old saying goes, when the shoe pinches as well as when it comforts.

In a new book, Cosmic Constitutional Theory, Judge Wilkinson takes on jurists ranging from conservative Justice Antonin Scalia to liberal Justice Goodwin Liu of the California Supreme Court for legal theorizing that ends up increasing the judiciarys power over democratic processes.

In his Federalist Society remarks, he focused on the constitutionalization of political dispute. Both left and right, he said, now were defined by competing strains of libertarianism.

Liberals have a vision whose central element often appears to be autonomy in lifestyle choices, he said, alluding to abortion rights and same-sex marriage.

Conservatives have a view in which liberty seems to pertain primarily to economic and market freedoms, in areas such as environmental and commercial regulation.

With both sides seeing their positions as constitutional imperatives rather than political aims, he said, the new game is to press ones views into our fundamental charger such that our opponents are left with no quarter and are defeated not in the temporary sense of a political ebb and flow, but in the more absolute tones of constitutional condemnation.

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Judge Wilkinson Hints that Overturning Obamacare Would Be a Mistake

This post references a case decided by the US District Court of Eastern Virginia, Bland v. Roberts, 2012

Bland and his cohorts worked in the Hampton Sheriffs Office, under B.J. Roberts. Roberts ran for re-election against Jim Adams, and the plaintiffs were lukewarm in their support of Roberts. In fact, three of the plaintiffs went so far as to “like” Adams’ Facebook page. Roberts won the election, and he decided to not retain the plaintiffs. He justified the terminations on cost-cutting and budgeting grounds, but plaintiffs argued that their termination violated their First Amendment rights. The court grants Roberts motion for summary judgment.

Plaintiffs alleged they engaged in a variety of protected activities, such as placing a bumper sticker on one of their cars and attending an Adams-sponsored cookout, but the court says there is no evidence that Roberts was aware of these activities. The one activity that Roberts knew about was “the presence” of two of the plaintiffs on his opponents Facebook page. However, with respect to this activity, the court says that plaintiffs did not point to any specific statements they made on Adams Facebook page. One plaintiff claimed he posted a comment to Adams’ page, but he later took it down, and the comment wasn’t presented to the court. Plaintiffs “liked” Adams’ Facebook page, and there was no dispute that Roberts was aware of this, but the court says this is insufficient:

[emphasis added; citing Mattingly v. Milligan, mentioned in Erics quick links here] The court declines to “infer the actual content of [plaintiffs] posts from one click of a button on Adamss Facebook page.”

The court also says that plaintiffs dont adequately state a freedom of association claim. The court cites to the standards for when it’s permissible to terminate public employees for their political affiliations, but it doesn’t engage in any analysis because, in the court’s view, plaintiffs have not produced any evidence of association with Adams’ campaign that Roberts knew aboutand any Facebook association is insufficient:

Even assuming plaintiffs could point to statements or association that the Sheriff knew about and that played a part in his decision to terminate plaintiffs, the court says Roberts is protected by qualified immunity. The Sheriff had not “transgressed [any] bright lines.”

Gak!

The courts conclusion on qualified immunity may or may not be defensible, but the court veered off course in concluding that a Facebook like is not speech. Maybe the court slept through Arab Spring and the many other instances of online activism in the past five years. Maybe the court is unaware of the robust body of First Amendment precedent which says that protection for expression is not limited to just actual words. Hello, Tinker (black arm bands) and Texas v. Johnson (flag burning)! More likely, as Eric notes in his comments below, the practical implications of a “like” threw the court for a loop.

Its easy to dismiss Facebook “likes” as one of those mindless knee-jerk online activities we all routinely engage in that have little or no societal value. Courts can discount Facebook friendships in other contexts (see, e.g., Quickly v. Karkus, discussed here: “Its Officially Legal: Facebook Friends Dont Count”), but its well off the mark to say in this case that “likes” were not speech for First Amendment purposes. As menial as a Facebook like may be in the overall scheme of life, its an announcement to your Facebook friends that you support something, whether its a cause, a candidate, a company, or another person. A like also promotes a particular page or newsfeed to your friends, which sounds like quintessential expressive activity. [See Eric's comments below for various potential implications of a Facebook like.]

While I remain leery of Facebook’s “like” ecosystem, I “dislike” this ruling.

Read the original post:
Facebook "likes" aren't speech protected by the First Amendment, rules judge

Federal Hall Zenger case was the birth of American free speech.

New York

While police officers looked on, a small group of protesters calling for government reform and a general strike braved rain and wind Thursday afternoon on the steps of Federal Hall in lower Manhattan, once the site of the nations capital.

Protesters seated on the stone steps may not have realized that what happened on this site nearly 300 years ago paved the way for them to peaceably assemble and openly criticize their government.

At the same time, most of the Wall Street brokers and bankers rushing by, with gadgets fixated on the latest news, did not understand that their right to access information also had roots in this place. The debates here over free speech and the press both provided and then galvanized a spark that led to American independence.

It is here, where an earlier New York City Hall once stood, that John Peter Zenger, a printer and a pioneer American newspaper publisher, was put on trial for criticizing New Yorks royal governor. Inside Federal Hall, there is an alcove dedicated to Zenger.

On display is a wooden printing press, a three-cornered hat, a multidrawer case designed to hold movable type and a pair of large-buckle shoes. In 1732, a tyrannical new governor, William Cosby, arrived in New York from Great Britain and soon decided he didnt like the salary the colonial council wanted to pay him. He also didnt like the rulings of the Supreme Courts chief justice, so he replaced a judge with one of his own liking.

Letters to Zengers newspaper, the New York Weekly Journal, using the pseudonym “Cato,” took on Cosbys authoritarian rule. Cosbys government charged Zenger with sedition and criminal libel and threw him in jail. According to the English law of the day, truth was not a defense against “libelous” or “seditious” comments about public officials. However, a smart Philadelphia lawyer, Andrew Hamilton, took on the Zenger case in front of the judge Cosby had hand-picked.

As he sat in jail for eight months, Zenger become a cause clbre. During the trial, the judge repeatedly rebuffed Hamiltons assertions that truth ought to be a defense against libel. However, Hamilton convinced a jury of his argument and set a precedent in American legal theory. Americans can thank the Zenger case for the seeds that planted the constitutional concept of a jury of ones peers and the First Amendments guarantees of freedom of the press and speech in the minds of the nations founders.

The Zenger trial also did something else. It started to galvanize Americans against heavy-handed English rule. A U.S. Constitution signatory, Gouverneur Morris, wrote, “The trial of Zenger in 1735 was the germ of American freedom, the morning star of that liberty which subsequently revolutionized America.”

Read the original here:
Campbell: New York site is physical reminder of First Amendment freedoms

Thursday, April 26, 2012

The Maryland Motor Vehicle Administration may have picked a battle with the wrong citizen over an allegedly offensive license plate.

In December 2011, the state agency sent a letter to John T. Mitchell of Accokeek, Md., saying that his personalized license plate MIERDA (Spanish for shit) should not have been issued several years ago. Any combination of letters and/or numbers, which contains profanities, epithets, or obscenities, shall not be acceptable, the letter stated.

Mitchell lives in Maryland, but practices First Amendment law in Washington, D.C. He has represented the likes of the Video Software Dealers Association (now the Entertainment Merchants Association) and the National Association of Recording Merchandisers. He currently runs a firm called Interaction Law working on First Amendment, copyright and other digital media issues.

Mitchell applied for the personalized license plate and received it in June 2009. He said he picked the letters MIERDA because he thought it meshed well with the state-sanctioned plate slogan, Support our farms, our future.

We moved to a rural area that has a National Colonial Farm and other farming areas, he told the First Amendment Center Online. I had the state slogan and MIERDA is a form of compost.

Additionally, I speak both English and Spanish and have been interested in different uses of language, Mitchell explained. Mierda is a richer term than shit.

Mitchell responded to the letter with one of his own dated Jan. 31, 2012, questioning the decision to revoke the MIERDA plate and asking for an administrative hearing.

My MIERDA plates were first issued to me nearly three years ago, he wrote. To my knowledge, no one has complained about my MIERDA, but even if there was a complaint about my MIERDA, that is no basis for rejecting my MIERDA.

He pointed out that Maryland officials approved agricultural support plates with the slogan Our Farms, Our Future. By the time farm MIERDA becomes as old as my tags, it is generally appreciated as rich and valued composted manure, and certainly does not warrant the derogatory characterization as profanity, epithet or obscenity.

Originally posted here:
First Amendment advocate fights to keep vanity plate

  (Image credit: Getty Images via @daylife) Wisconsin Congressman Paul Ryan (R-WI), the man who would turn Medicare into a voucher plan that would leave the nation?s seniors to fend for themselves in their old age, can?t seem to make up his mind when it comes to his philosophical underpinnings. It was in

Read this article:
Ryan Now Rejects Ayn Rand-Will The Real Paul Ryan Please Come Forward?

Apr 272012

Wal-Mart store signage is seen from within the store on April 23, 2012 in Mexico City, Mexico.

STORY HIGHLIGHTS

Editor’s note: Jeffrey Miron is senior lecturer and director of undergraduate studies at Harvard University and a senior fellow at the Cato Institute. Miron is the author of “Libertarianism, from A to Z”. In 2001, Miron consulted for the International Mass Retail Association, which receives funding from Wal-Mart.

Cambridge, Massachusetts (CNN) — Did Wal-Mart’s Mexican subsidiary pay bribes, in 2005 and earlier, to the Mexican officials who grant permits for stores like Wal-Mart? And did Wal-Mart cover up these actions for several years, after an internal investigation discovered the bribes, before finally reporting the internal investigation to the Department of Justice and the SEC last December?

The answer, according to recent news accounts, is yes. This could mean that Wal-Mart violated the Foreign Corrupt Practices Act, adopted in 1977, which forbids U.S. companies from paying bribes to foreign officials.

If Wal-Mart violated the law, U.S. officials should prosecute. No one should be above the law, whether the law is sensible or not.

Jeffrey Miron

Yet the public and policymakers should also consider whether the Foreign Corrupt Practices Act is good policy. And despite good intentions — particularly, the goal of reducing corruption — it is not.

The act is difficult to enforce on a consistent basis, since companies that wish to pay bribes can circumvent the law in numerous ways, mainly with minimal risk of exposure. So, most violations go undetected. The act therefore hurts companies that break the law clumsily and get caught, thereby creating a competitive advantage for companies that break the law cleverly and get away with it.

Follow @CNNOpinion on Twitter and Facebook.com/cnnopinion

Excerpt from:
Opinion: Get rid of anti-bribery law

Wal-Mart store signage is seen from within the store on April 23, 2012 in Mexico City, Mexico.

STORY HIGHLIGHTS

Editor’s note: Jeffrey Miron is senior lecturer and director of undergraduate studies at Harvard University and a senior fellow at the Cato Institute. Miron is the author of “Libertarianism, from A to Z”. In 2001, Miron consulted for the International Mass Retail Association, which receives funding from Wal-Mart.

Cambridge, Massachusetts (CNN) — Did Wal-Mart’s Mexican subsidiary pay bribes, in 2005 and earlier, to the Mexican officials who grant permits for stores like Wal-Mart? And did Wal-Mart cover up these actions for several years, after an internal investigation discovered the bribes, before finally reporting the internal investigation to the Department of Justice and the SEC last December?

The answer, according to recent news accounts, is yes. This could mean that Wal-Mart violated the Foreign Corrupt Practices Act, adopted in 1977, which forbids U.S. companies from paying bribes to foreign officials.

If Wal-Mart violated the law, U.S. officials should prosecute. No one should be above the law, whether the law is sensible or not.

Jeffrey Miron

Yet the public and policymakers should also consider whether the Foreign Corrupt Practices Act is good policy. And despite good intentions — particularly, the goal of reducing corruption — it is not.

The act is difficult to enforce on a consistent basis, since companies that wish to pay bribes can circumvent the law in numerous ways, mainly with minimal risk of exposure. So, most violations go undetected. The act therefore hurts companies that break the law clumsily and get caught, thereby creating a competitive advantage for companies that break the law cleverly and get away with it.

Follow @CNNOpinion on Twitter and Facebook.com/cnnopinion

More:
Prosecute Wal-Mart, but get rid of anti-bribery law

Wednesday, April 25, 2012

Holding that no matter what one makes of associational rights, friendship cannot have greater status than political speech, the 7th U.S. Circuit Court of Appeals ruled last week that an Illinois village employee did not have a First Amendment right to her job.

Kimberly Benedix sued the Village of Hanover Park in 2011 after a newly elected board of trustees fired the village manager and abolished Benedixs executive coordinator position. Benedix claimed the village abolished her position solely because of her friendship with the village manager and that she enjoyed a First Amendment right of association to that friendship.

An Illinois federal district court rejected Benedixs argument, holding that the villages action was protected by legislative immunity.

On appeal, a three-judge panel of the 7th Circuit held that legislative immunity did not protect the Village but that Benedix could not successfully assert a First Amendment claim.

It is common to hold a persons associations against him, the court said. Policy-making officials need an immediate staff of dedicated aides if they are to do their jobs and if the results of elections are to be translated into policy.

[I]t is an important part of the new officeholders own right of association to be able to choose who to work with, the better to promote his ideas and policies, the court continued. Benedix has not cited, and we could not find, any appellate decision holding that friendship is a constitutionally impermissible basis of hiring or firing public employees.

While the court recognized that a friendship by itself might in some circumstances be insufficient grounds for terminating a public employee, it concluded it did not need to define those circumstances in this case. Benedix, the court said, clearly enjoyed a confidential position within a policymakers office and thus was subject to changing political winds.

An Executive Coordinator who reports directly to, and works closely with, a policymaker such as the Village Manager, the court said, is properly classified as a confidential employee who may be hired and fired on account of politics or friendship.

Tags: free association, Illinois

See original here:
7th Circuit: Worker had no 1st Amendment right to job

Wednesday, April 25, 2012

Its not often that a prom dress triggers a First Amendment controversy, but a Tennessee high school students attire did just that.

Gibson County High School student Texanna Edwards was turned away from her high school prom on Saturday night, April 21, because she was wearing a dress that bore a striking resemblance to a Confederate flag. According to the Jackson Sun, school administrators viewed the dress as inappropriate and potentially offensive.

Its not unusual for public school administrators to infringe on free-speech rights of students. Too often student expression is limited because of the potential for embarrassment and not a genuine fear of disruption.

In this case, though, the school has the law on its side. Few symbols are potentially more divisive than the Confederate flag. On one side are those who value the flag as a symbol of Southern heritage. Others see it as a racist symbol. A teacher had alerted Edwards that her dress might not be permitted at the prom two months before the event, but Edwards persisted with her plan.

The Supreme Court has found that students expression which includes what they wear can be limited by school officials only if theres a likelihood of substantial disruption. That test is probably met in this case.

Of course, if Edwards fashion statement was intended to make a political statement, then there are other avenues available to her. Given the press coverage of her thought-provoking dress, she now has a platform to share her views and no school administrator can stand in her way.

Tags: Confederate flag, public school, student expression, student speech

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Confederate prom dress doesn’t pass muster

AP Photo/Ralph Freso

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Could Immigration Law Turn Arizona Blue?

Apr 262012

Ron Paul might not win the GOP nomination. But don't tell his supporters that Libertarianism is dead.

Originally posted here:
Ron Paul video game is on the way

The First Amendments protection for free speech seems fairly unlimited an unambiguous provision included in just 45 simple words that begin with Congress shall make no law …

No intricate phrases, no flowery modifiers. We even have common way of restating the idea: I can say what I want … Im an American. But that doesnt mean there are no limits, restrictions or rules.

Words involved in criminal activity say, solicitation for prostitution are not protected speech. Defamatory statements are subject to legal action after being written or uttered, to make good the damage unfairly done. Words that carry no penalty when spoken at, say, high noon in the public square can prompt an arrest at 3 a.m. under a bedroom window. Seemingly innocuous words uttered repeatedly to an unwilling recipient reach the level of harassment.

And we cannot make true threats against another person. This particular exception to First Amendment protections seems simple enough. But even here we can have complex legal issues.

Case in point: A recent Arizona legislative proposal intended to combat cyberstalking and online bullying. Supporters say the proposed bill just revises existing law to include a new kind of media. But critics say it opens wide a door to potential constitutional violations by making it a crime to offend or annoy others.

No one is defending attacks on others via the Internet. Rather, critics of the measure say it fails to make important distinctions.

Groups ranging from booksellers to music companies to broadcasters have called on Arizona Gov. Jan Brewer, urging a veto of the bill. Lawmakers have since agreed to take another look at the legislation.

Among potential First Amendment issues that critics have identified:

The proposal fails to distinguish between harassing speech delivered one-to-one, such as in an e-mail or telephone call, and harsh or offending speech on a web posting intended for the public with no specific individual intended as a target.

The bills terms are vague or unexplained, leaving the possibility of prosecution for language that may be offensive but historically lacks the basis for criminal charges.

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Inside the First Amendment: Effort to combat bullying would punish too much speech



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