Delegate Kelly Convirs-Fowler’s (D-Virginia Beach) HB 2254 passed with unanimous support in the House of Delegates. The bill would ban people from sending unsolicited obscene images to others. But after the House sent the bill to the Senate, the Senate Judiciary Committee voted eight to five to table the bill February 17, citing concerns that the bill could be applied too broadly.
Read the full storyTag: First Amendment
Gubernatorial Candidate Cox Rolls Out Big Tech Accountability Plan
Gubernatorial candidate Delegate Kirk Cox (R-Colonial Heights) announced a plan Wednesday to hold Big Tech accountable for protecting free speech. The plan expands regulation and enforcement with transparency requirements, bans on de-platforming elected officials, and $100,000-per-day fines for violating tech companies.
Read the full storyPharmacy Student Sues University of Tennessee for Alleged Free Speech Violations
The University of Tennessee Health Science Center (UTHSC) initially expelled a student for content on her personal social media accounts. Officials claimed that the nuclear pharmacy student, Kimberly Diei (’23), used speech that violated the university’s conduct policies, though Diei has claimed they never informed her of which specific policies she’d violated. Neither of her profiles or any of her content identified Diei as a UT student or mentioned the school in any capacity. Only after Diei obtained legal help did the university reverse her expulsion.
Diei was investigated by the school’s Professional Conduct Committee on two separate occasions based on anonymous complaints. The first investigation occurred during Diei’s first month on campus in September 2019 regarding her Instagram and Twitter accounts in general. Following its review, the committee required Diei to write an apology letter. About a year later, Diei came under investigation again and was expelled for posting several explicit tweets referencing pop culture.
Diei was investigated by the school’s Professional Conduct Committee on two separate occasions, instigated by anonymous complaints from other program students. The first investigation occurred during Diei’s first month on campus, September 2019, regarding her Instagram and Twitter accounts in general; the committee required her to write an apology letter. About a year later, Diei came under investigation again and was expelled for posting several explicit tweets referencing pop culture.
FBI’s Desperate Pretext to Keep Spying on Carter Page: He Might Write a Book!
Nine months into a relentless effort to spy on Carter Page with the most awesome surveillance tools the U.S. possesses, the FBI had no proof the former Trump adviser had colluded with Russia to hijack the 2016 election.
In fact, the bureau hid from the FISA court the fact that it knew Page was actually a U.S. asset who had helped the CIA and that in a secret recording with an informant he had denied all the core allegations against him with significant proof.
Read the full storyAll Star Panelist Dr. Carol Swain Talks Parler Shutdown, Reality Czars, and the Current Orwellian Climate of America
Thursday morning on the Tennessee Star Report, host Michael Patrick Leahy welcomed Dr. Carol M. Swain in studio to examine the First Amendment in the Orwellian climate of today.
Read the full storyTechLife: State Gov. Relations Manager for the Heartland Institute Samantha Fillmore Discusses Big Tech and the First Amendment
Tuesday morning on the Tennessee Star Report, host Michael Patrick Leahy welcomed the Heartland Institutes State Gov. Relations Manager Samantha Fillmore to the newsmakers line to discuss their position on Big Tech and censorship of its users.
Read the full storyMiddle Tennessee State University Free Speech Center Releases First Amendment Report for Students
There are nine practices that could significantly improve the climate of free speech on American college campuses nationwide. This, according to a report released by Middle Tennessee State University’s (MTSU) Free Speech Center last week, aimed at offering best practices for First Amendment advocacy, activism, and engagement amongst college students.
The nine practices proposed were: physical environments incorporating the First Amendment, social media engagement, cultural boundary bridging, writing exercises, case studies, targeted campus events, hands-on engagement, building bridges, and a combination of assessment and iteration. Examples of these practices included establishing monuments enumerating the First Amendment rights, or offering exercises where students experience loss of these rights momentarily by exchanging their First Amendment freedoms for a free lunch.
Read the full storyHost Leahy and Crom Carmichael Take Listener Calls Regarding Big Tech and Censorship
Monday morning on the Tennessee Star Report, host Michael Patrick Leahy welcomed all-star panelist Crom Carmichael to the studio and took calls from listeners that questioned Big Tech, Section 230, and the right of free speech.
Read the full storyWest Virginia School Bus Drivers File Lawsuit Against School Superintendent over Suspensions Related to Capitol Protest
Two veteran school bus drivers from a West Virginia school district have filed a civil lawsuit for suspensions related to their attendance at the January 6 Washington, DC protest.
Tina Renner and Pamela McDonald were suspended by Jefferson County Schools Superintendent Bondy Shay Gibson after receiving word the drivers had “posted threatening and inflammatory posts on their Facebook pages, had been present at the Electoral protest march on Wednesday that erupted in violence, and had violated […] leave policy.”
Read the full storyTennessee REALTORS® Bans ‘Hate Speech’ by Members
The National Association of REALTORS® (NAR) banned all “hate speech” by its members – not just in members’ professional capacity, but in every aspect of their lives. The policy changes were approved by the NAR Board of Directors during a meeting on November 13.
The policy on hate speech encompasses an array of broad issues: “harassing speech, epithets, or slurs based on race, color, religion sex, handicap, familial status, national origin, sexual orientation, or gender identity.” Collectively, these speech-related issues fall under what the NAR terms “public trust,” which also includes misappropriation of client or customer funds, or property and fraud that causes significant economic harm.
Read the full storyCommentary: Big Tech’s Conservative Purge Changes the Free Speech Debate
Big Tech’s coordinated silencing of conservative voices, including President Trump’s, signals a crossing of the Rubicon in the debate over government involvement to protect free speech.
Even conservatives like me, who have long argued that small-business competition is the best way to moderate the tech oligarchs’ power, recognize that government may now have an interest in making some large companies, such as basic web-hosting platforms, utilities akin to AT&T.
Read the full storyHigher Ed Students in Georgia Would Have Greater First Amendment Rights under New Bill in General Assembly
Georgia State Rep. Josh Bonner (R-Fayetteville) has put forward a bill in the Georgia General Assembly that, if enacted into law, would grant greater free speech rights to students at the state’s institutions of higher learning. Bonner named the bill the Forming Open and Robust University Minds (FORUM) Act.
Read the full storySupreme Court Agrees to Hear Case on Georgia Student Prohibited from Sharing Gospel on Campus
A Georgia Gwinnett College student appeared before the Supreme Court on Tuesday to defend free speech on campuses. The student, Chike Uzuegbunam, was prohibited by campus officials from speaking about the Christian faith on campus twice in 2016, following alleged complaints from other students.
A day before the Supreme Court hearing, Uzuegbunam published an opinion piece recounting his experience at the college and throughout the subsequent court hearings. Uzuegbunam explained that he was barred from passing out fliers and discussing his faith with fellow students publicly. According to his account, he was having one-on-one conversations with students when he was stopped by a campus official and told he needed to file a request for a speech zone.
Read the full storyFacebook Bans Virginia Senator Amanda Chase from Posting for 30 Days
State Senator Amanda Chase (R-Chesterfield) said Friday that she has been banned from posting to her public Facebook page for 30 days, with an additional ban on posting live video for another 30 days. In addition to the ban, Facebook removed some of her posts, including a video showing a woman being shot in the U.S. Capitol and flagged as false Chase’s claims of Antifa involvement in the Wednesday Capitol riot.
Read the full storyFederal Court Preliminarily Sides with Nine Ohio Christian Schools Claiming Toledo-Lucas Co. Health Dept Resolution Unconstitutional
The United States Sixth Circuit Court of Appeals granted a request made by nine Ohio parochial schools to stop a resolution issued by the Toledo-Lucas County Department of Health that shut down in-person learning in the plaintiff schools.
The court issued a temporary order halting the health department from enforcing the resolution in the schools based on the likelihood the order violates the First Amendment’s Free Exercise Clause.
Read the full storyOut-of-Court Settlement Reached to Provide Space for Virginia Legislators to Meet With Constituents
On New Years Eve, Senator Bill DeSteph (R-Virginia Beach) struck a deal with leaders of the Virginia General Assembly that will provide space for constituents to meet with legislators near the Capitol grounds even though the Pocahontas Building and Capitol Building remain closed to outsiders due to COVID-19.
DeSteph said the out-of-court settlement was a win. “This will allow citizens, subject matter experts, and other professional staff to meet face-to-face with legislators during the upcoming regular session. This is a huge victory for the First Amendment and for open access to government for all Virginians,” the press release states.
Read the full storyOhio Gov. DeWine Announces Health Dept Curfew Order Which Contains Several Exceptions
Today Ohio Governor Mike DeWine announced Ohio Department of Health (ODH) Director Stephanie McCloud signed the Director’s Second Amended Order that All Persons Stay at Home During Specified Hours Unless Engaged in Work or Essential Activity.
Sources inside the state government told The Star in November that the original curfew order came as a reaction to significant backlash from Ohioans as information leaked that Governor DeWine was going to push for another shutdown.
One source said, “people in the room when the decision was made agreed that a curfew wouldn’t do anything significant,” but would be an acceptable compromise the DeWine team would accept.
Ohio AG Yost Files Brief in Favor of Religious Schools, Says Health Department Orders Unconstitutional
Ohio Attorney General Dave Yost filed an amicus curiae brief with the United States 6th Circuit Court of Appeals backing three Ohio Christian Schools and a community organization who brought a lawsuit against the Toledo-Lucas County Health Department. The department issued an order barring in-person learning for all students in grades 7-12 from December 4 to January 11.
Monclova Christian Academy, Emmanuel Christian, St John’s Jesuit and Citizens for Community Values (CCV) are the plaintiffs. The Court demanded a response from Toledo-Lucas County Health Department on Tuesday, December 29.
Read the full storyOhio Gov. DeWine Signs Bill That Protects Students’ Free Speech
When Ohio college students return to campus after the holidays, they will be able to speak their mind freely.
Gov. Mike DeWine signed the Forming Open and Robust University Minds Act that protects individuals’ First Amendment rights and prohibits “free speech zones” on public college and university campuses in the state.
Read the full storyInjunction Filed Against Democratic State Legislators for Shutting Out Public from General Assembly
State Senator Bill DeSteph (R-Virginia Beach) and attorney Tim Anderson filed a petition for injunction against Democratic legislators to preserve constituents’ in-person access to General Assembly members. State Senator Mamie Locke (D-Hampton), Chair of Senate Rules, and Speaker Eileen Filler Corn (D-Fairfax) decided to close the Pocahontas building to the public, which hosts office appointments for both the House of Delegates and State Senate.
“The closure of the legislative office building to the public is contrary to the explicit historical purpose of the building to allow the public access to its elected legislative members, especially during the General Assembly Session,” read the lawsuit. “Most importantly, the right to assemble and address lawmakers at the state and federal levels is fundamentally protected by the 1st Amendment of the United States Constitution: a. ‘Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.'”
Read the full storyOhio Lawmakers Require Free Speech Protection at Colleges, Universities
The Ohio House of Representatives made voices on the state’s college campus a little louder this week, if Gov. Mike DeWine approves.
The House passed the “Forming Open and Robust University Minds Act,” which would prevent colleges and universities from limiting political speech on campuses or moving that speech into “free speech zones.”
Read the full storyFacebook Demands Academics Disable Ad-Targeting Data Tool
Academics, journalists and First Amendment lawyers are rallying behind New York University researchers in a showdown with Facebook over its demand that they halt the collection of data showing who is being micro-targeted by political ads on the world’s dominant social media platform.
The researchers say the disputed tool is vital to understanding how Facebook has been used as a conduit for disinformation and manipulation.
Read the full storyLoudoun County School Board Backpedals on Policy Limiting Free Speech Indefinitely After Public Outcry
Loudoun County School Board voted this week to revise their “Professional Conduct” policy governing employee speech off of school property. Up until the latest meeting, members recommended to approve and accept the policy.
Apparently, public outcry from teachers unions and community members led to this decision.
Judson Phillips Commentary: Free Speech Was Fun While It Lasted
Free speech is dead in this country.
It isn’t just the First Amendment. That only applies to government action to restrict speech. All forms of free speech are dead or dying.
Read the full storyMore Madness in Virginia’s School Systems: Free Speech… Unless We Disagree
The Loudoun County School Board will vote on a policy silencing employees who disagree with racial equity practices. The proposal would extend the school’s jurisdiction over off-campus speech, including social media, speeches, and any written forms of communication.
The new policy would govern employee speech “during and after school or work hours, whether on or off school board property, including the property of any school, office, or facility.”
Los Angeles Ordered to Pay NRA Six Figures After Losing First Amendment Case
The Washington Free Beacon reports, a federal court ordered the city of Los Angeles to pay the NRA’s lawyer fees of approximately $150,000, just months after he ruled a city ordinance violated the gun-rights group’s First Amendment rights.
The City of Los Angeles tried to penalize any contractor with ties to the NRA. The NRA sued over the ordinance and federal district court judge Stephen Wilson ruled it was an unconstitutional violation of the NRA’s First Amendment rights. The city eventually repealed it and on Tuesday, the judge ordered city officials to pay the NRA’s attorney fees totaling about $150,000.
Read the full storyCampus Survey: 42 Percent of Students Say Their College Doesn’t Empower Free Speech
Conservative students on college campuses across the U.S. are more likely to self-censor than their more liberal classmates out of fear of backlash or retribution, according to a first-of-its-kind student survey commissioned by RealClearEducation and the Foundation for Individual Rights in Education (FIRE).
The survey is the largest of its kind – canvasing 20,000 students at 55 U.S. colleges and universities about their experiences with free speech on campuses. Conducted by College Pulse, the survey ranks schools according to how open and tolerant students say they are, among several other criteria, and includes numerous student comments about their experiences.
Read the full storyFree Speech Group Warns University After it Allowed Black Lives Matter Protest but Banned Other Gatherings
A free speech advocacy group has sent two letters to East Carolina University after the public college banned gatherings of more than 50 students, but allowed a Black Lives Matter protest on campus.
Southeastern Legal Foundation sent a letter to the North Carolina public university on September 16 seeking information on its enforcement of its coronavirus policies. After receiving no response, the public interest law group sent a follow-up letter on September 24.
Read the full storyProfessor Alan Dershowitz Joins the Tennessee Star Report to Explain His Lawsuit Against CNN
Thursday morning on The Tennessee Star Report, host Michael Patrick Leahy welcomed Professor Alan Dershowitz to the show to explain his lawsuit against CNN.
Read the full storyMetro School Board Member and Plaintiff Fran Bush Says Constitutional Lawsuit Against Former Superintendent Dr. Shawn Joseph is Still Pending
The lawsuit against former Metro Nashville Public Schools superintendent Dr. Shawn Joseph and the Metro government is still pending, one of the plaintiffs, a school board member, says.
Fran Bush is one of three MNPS school board members who are suing Joseph and the Metro government. The other plaintiffs are board members Jill Speering and Amy Frogge.
Read the full storyChurches Sue Governor Walz, State Attorney General and County Attorneys for Violating Religious Liberties
Three churches are suing the governor and his constituents for executive orders that violate their religious liberties. Defendants in the case are Governor Tim Walz, State Attorney General Keith Ellison, and county attorneys Chad Larson, Tom Kelly, and Donald Ryan. The Thomas More Society filed on behalf of the churches.
The lawsuit cites Article I, Section 16 of Minnesota’s Constitution as state precedent protecting the right to worship: “the right of every man to worship God according to the dictates of his own conscience shall never be infringed.” The lawsuit also cites Christian adherence to the Bible’s commandment for believers to worship together.
Read the full storyCommentary: Is Free Speech at Stake in November?
The phenomenon of “cancel culture” is a real and growing threat to free speech in America. This rapidly rising threat has caught many Americans off guard.
Since the rise of the nation-state, almost all the serious threats to freedom of speech have come from government or government sponsored agencies. However, this current threat is not from the government – at least not yet.
Read the full storyCommentary: Reagan’s Farewell Warning Was Ignored (And Now We Are Paying the Price)
In his 1989 farewell address, President Reagan asked the rhetorical question, “Are we doing a good enough job teaching our children what America is and what she represents in the long history of the world?”
He followed up with the answer:
Our spirit is back, but we haven’t reinstitutionalized it. We’ve got to do a better job of getting across that America is freedom – freedom of speech, freedom of religion, freedom of enterprise – and freedom is special and rare. It’s fragile; it needs protection.
Read the full storyUS Supreme Court Denies Nevada Church’s Appeal of Virus Rule
A sharply divided U.S. Supreme Court denied a rural Nevada church’s request late Friday to strike down as unconstitutional a 50-person cap on worship services as part of the state’s ongoing response to the coronavirus.
In a 5-4 decision, the high court refused to grant the request from the Christian church east of Reno to be subjected to the same COVID-19 restrictions in Nevada that allow casinos, restaurants and other businesses to operate at 50% of capacity with proper social distancing.
Read the full story‘Walking on Eggshells’: 62 Percent of Americans Are Afraid to Express Political Views, Survey Finds
Self-censorship is on the rise according to a new Cato Institute survey that reports nearly two-thirds of Americans are afraid to share their political views.
A new CATO Institute/YouGov national survey found 62% of Americans say the political climate today prevents them from saying what they believe. This is up several points from 2017 when 58% of Americans said they were afraid to share their political beliefs.
Read the full storyColumbus City Council to Consider Police Hate-Group Screening Legislation
The Columbus City Council is working on legislation to screen the police for affiliations with hate groups or for harboring beliefs consistent with these groups. Last Monday, Shayla Favor, a councilmember and chair of the Criminal Justice Committee, held a meeting at which she presented the outlines of her legislative initiative. There will be another hearing at Wednesday, July 20, at 3 p.m. Favor will then finish drafting police-screening legislation and include it in a larger piece of public safety legislation that will be presented to the city council on July 27, the last meeting before the August recess.
Read the full storyCaller Bernadette Reports on Woke White Neighbor’s Anonymous Cancel Culture Note Claiming Her Confederate Flag Is Offensive
Wednesday morning on The Tennessee Star Report, host Michael Patrick Leahy welcomed Caller Bernadette to the show who reported to the duo about her recent anonymous note that was signed “White Neighbor” regarding the offensiveness of her confederate flag she has displayed on the door of her private property.
Read the full storyTennessee Star National Correspondent Neil McCabe Weighs in on the Navy’s Demand that Personnel Cease Attendance of Religious Services
Live from Music Row Wednesday morning on The Tennessee Star Report with Michael Patrick Leahy – broadcast on Nashville’s Talk Radio 98.3 and 1510 WLAC weekdays from 5:00 a.m. to 8:00 a.m. – host Leahy welcomed Tennessee Star National Correspondent Neil McCabe to the newsmakers line.
During the third hour, McCabe talked about the Navy’s recent call for military personnel to sign a waiver acknowledging that they will not attend indoor religious services. He later discussed whether this was an infringement on the First Amendment rights and how COVID-19 is being used as a tool by those that oppose the Catholic religion.
Read the full storyConservatives Praise Supreme Court for Ruling States Can’t Discriminate Against Religious Schools
The U.S. Supreme Court said Tuesday that states can’t cut religious schools out of programs that send public money to private education in a 5-4 ruling.
Hailed as a victory for religious freedom, the justices upheld a Montana scholarship program that allows state tax credits for private schooling in which almost all the recipients attend religious schools.
Read the full storyDeWine Signs Student Religious Liberties Act Into Law
Ohio Gov. Mike DeWine signed the Student Religious Liberties Act into law Friday, a bill that protects prayer and religious expression in public schools.
“No student should have to hide their faith just because they enter a public school. The Student Religious Liberties Act is carefully crafted to ensure school administrators can’t unfairly penalize students of all faiths, or no faith,” said Aaron Baer, president of Citizens for Community Values, one of twelve groups that testified in support of the bill.
Read the full storyNinth Circuit Court of Appeals Rules Facebook, YouTube Are Not Bound by First Amendment
Facebook, YouTube and other big tech companies are not bound to abide by the First Amendment of the U.S. Constitution, a court ruled Wednesday, dealing a blow to conservatives online.
Read the full storyTrump Activists Mobbed on Ohio University Campus While Officers Watched
Two conservative activists were mobbed and harassed Monday on Ohio University’s Athens campus while multiple police officers watched.
Read the full storyJudge Dismisses Lawsuit of Ohio Professor Who Refuses to Use Transgender Pronouns
A federal judge dismissed a lawsuit last week filed against Shawnee State University by a professor who claims he was retaliated against for refusing to address a transgender student by the student’s preferred pronouns.
Read the full storyMichigan Bill Responds to Student Facing Up to 20 Years in Prison for Posting Picture of Gun Online
A bill making its way through the Michigan House seeks to tighten the state’s definition of terrorism after a Lake Superior State University student was charged for posting a picture of his AR-15 on Snapchat.
Read the full storyBuckeye Institute Fights for Lawyers’ Rights to Not Join Bar Associations that Lobby
The Buckeye Institute announced on Monday it filed an amicus brief with the U.S. Supreme Court to support lawyers’ First Amendment rights — by ensuring they are not compelled to join bar associations that lobby for political and ideological issues that they oppose.
Read the full storyOhio Senate Passes Bill That Protects Free Speech on State College Campuses
The Ohio Senate unanimously passed a bill Tuesday that strengthens free speech protections on college and university campuses in the Buckeye State.
Read the full storyMichigan Governor Compares Tackling ‘Hate Speech’ to Fighting in World War II in Letter to Zuckerberg
Michigan Gov. Gretchen Whitmer compared fighting “hate speech” to Detroit’s industrial efforts during World War II in a letter sent to Facebook CEO Mark Zuckerberg this week.
Read the full storyNew Hampshire Bill Would Require News Outlets to Retract Crime Stories if Defendant Fount ‘Not Guilty’
A new bill scheduled to go before the New Hampshire Legislature this year would compel news outlets to retract stories if a defendant is found not guilty of a crime.
Read the full storySurvey: Non-Whites Are the Only High School Students Whose Support for First Amendment Has Fallen
General support for the First Amendment has modestly increased among high school students in the past 15 years, but not across all demographics, according to a report released last week by the Knight Foundation.
Read the full storyCommentary: Without Free Speech, All Speech Becomes Government Speech
When I viewed this video, I wondered if it was a hoax. I thought it must be a group of actors trying to make a point about how far restrictions on speech have gone. Unfortunately, the video captures reality in Scotland in 2019.
Read the full story