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OpenMarket: Free Speech

  • DOJ vs. Reason.com Commenters: When Everything Is Deemed a "Threat"

    June 9, 2015

    The Supreme Court has said that true threats can be banned without violating the First Amendment, but that doesn’t mean that hyperbolic rants are unprotected just because they express a yearning for someone’s demise. That doesn’t make them a true threat. For example, the Supreme Court ruled on the issue in Watts v. United States (1969). Robert Watts, a young black man, stated during a protest in Washington, D.C.:

    I have already received my draft classification as 1-A and I have got to report for my physical this Monday morning. I am not going. If they ever make me carry a rifle the first man I want to get in my sights is L.B.J. They are not going to make me kill my black brothers.

    The Supreme Court reversed his...

  • The "Draw Muhammad" Contest and the Futility of Trying to Correct Journalistic Mistakes about the Law

    May 6, 2015

    ​Journalists often not only get the law wrong, but then have the audacity to smugly talk down to people who attempt to correct them (usually in a way that manifests a pro-regulatory slant). A classic example was CNN anchor Chris Cuomo’s statement, in the context of a “Draw Muhammad” contest in Garland, Texas, that “hate speech is excluded from protection. dont just say you love the constitution...read it.”

    Cuomo has seemingly never read the Constitution himself, despite having once attended law school. The Constitution doesn’t even contain the word “hate,” much less...

  • Deceptive Discrimination Laws

    April 29, 2015

    Discrimination may be bad for business, but that doesn’t mean laws banning discrimination are good for business. Often, these laws are like the proverbial Trojan Horse, applied by the courts in unexpected ways that are harmful to businesses, including employers who harbor no prejudice of any kind. For example, the Supreme Court interpreted a federal race and sex discrimination law (Title VII of the Civil Rights Act) as banning unintentional “disparate impact” (which is when a neutrally applied selection criterion weeds out more black than white applicants) even though that statute explicitly limited relief to cases where there was a showing that the employer had “intentionally engaged in or is intentionally engaging in an unlawful employment practice.” [See ...

  • University of California Dean: Academic Freedom Makes Students "Feel Unsafe"

    March 6, 2015

    Recently, the dean of the School of Social Welfare at the University of California at Berkeley condemned a professor’s constitutionally protected remarks, including but not limited to his mention of black-on-black crime at a Black Lives Matter event. A complaint has also apparently been filed against the professor with the Office for the Prevention of Harassment and Discrimination.  

    Rather than defending academic freedom, Dean Jeffrey Edelson said “we deeply regret the reported incident” involving Steven Segal, a tenured professor, who has taught at Berkeley for more than 40 years and is world-renowned for his...

  • Victory for "Caveman" Blogger and Free Speech in North Carolina

    February 19, 2015

    Many people associate professional licensing with consumer safety. For example, we wouldn’t want any schlub doing surgery. But where occupational licensing laws may have started out with the goal of protecting consumers, they have now become a means by which certain professionals restrict competition. States require licenses for hundreds of occupations including perilous professions like florist, funeral director, hair braider, and fortune teller.

    The case of the “Caveman” blogger who was bullied by the North Carolina Board of Dietetics/Nutrition for providing nutritional advice without a license illustrates how licensing threatens not just our economic freedom, but our other basic freedoms. Luckily for blogger Steve...

  • NPR Wrongly Suggests Hate Speech and Blasphemy Are Unprotected by First Amendment

    February 11, 2015

    NPR gets a lot of taxpayer money based on a false pretense of objectivity and accuracy. Its departing ombudsman, Edward Schumacher-Matos, says that “as a public media that receives some 11 percent of its funding indirectly from the government, it cannot be partisan or have a declared bias.”

    But it routinely gets basic facts wrong. While touting NPR’s supposed superiority over other media, such as Fox News, ombudsman Matos recently made the false claim that the French satirical magazine Charlie Hebdo, whose staff were ...

  • Terrorist Attack on Charlie Hebdo Reveals the Sorry State of Free Speech in the West

    January 8, 2015

    My wife Sylvie, who grew up in France, is terribly shocked about yesterday’s terrorist attack on the French satirical weekly Charlie Hebdo, which murdered 12 people, including four prominent French cartoonists.

    Its editor had been on an Al Qaeda hitlist, and this vicious attack was immediately cheered by supporters of the Islamic State and Al Qaeda. According to Vice News, “Minutes before the attack, the Charlie Hebdo account ...

  • Michael Mann Case Is about First Amendment, Not Global Warming

    November 25, 2014

    This morning the D.C. Court of Appeals heard oral arguments in Michael E. Mann v. Competitive Enterprise Institute, National Review, et al. CEI General Counsel Sam Kazman gave the following comments about the case:

    Regardless of where one stands on global warming, this case is about the First Amendment. Michael Mann’s defamation lawsuit is an unfounded attempt to chill speech on a major issue of public concern. Professor Mann is a high-profile figure in the global warming debate, and he himself is responsible for much of the overheated rhetoric in that debate. His complaint about CEI’s criticism of his statistical methods belongs in the arena of public discussion and scientific inquiry, not in the courts.

    This is precisely the type of First Amendment lawsuit that the District of Columbia’s Anti-SLAPP law was...

  • Taxpayers to Subsidize “Ministry of Truthiness”

    August 27, 2014

    The Washington Free Beacon reports:

    The federal government is spending nearly $1 million to create an online database that will track “misinformation” and hate speech on Twitter. The National Science Foundation is financing the creation of a web service that will monitor “suspicious memes” and what it considers “false and misleading ideas,” with a major focus on political activity online. The “Truthy” database, created by researchers at Indiana University, is designed to “detect political smears, astroturfing, misinformation, and other social pollution.” The university has received $...

  • Federal Official Says Campus Speech Should Be Restricted to Protect Young People’s Brains

    July 31, 2014

    U.S. Civil Rights Commission member Michael Yaki says that speech on college campuses should be restricted to protect young people’s developing brains. This is yet another depressing example of Progressives turning against free speech. Yaki is a former senior advisor and district director for House Minority Leader (and former Speaker) Rep. Nancy Pelosi (D-Calif.).  (During the Obama administration, the Education and Justice Departments have also sought to restrict students’...

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