law

303 Creative LLC: A win for free expression from SCOTUS 2

This entry was posted in Writing as business and tagged Internet law liberty on by

The first article I came across on the Supreme Court’s 303 Creative LLC decision was an outright lie, claiming the Court had ruled businesses can now refuse service to same-sex couples. Creating panic is what a lot of news sites do best, and lots of people on social media are helping to spread the misinformation. What it actually ruled was this:

The First Amendment’s protections belong to all, not just to speakers whose motives the government finds worthy. In this case, Colorado
seeks to force an individual to speak in ways that align with its views but defy her conscience about a matter of major significance. In the
past, other States in Barnette, Hurley, and Dale have similarly tested the First Amendment’s boundaries by seeking to compel speech they
thought vital at the time. But abiding the Constitution’s commitment to the freedom of speech means all will encounter ideas that are “misguided, or even hurtful.” Hurley, 515 U. S., at 574. Consistent with the First Amendment, the Nation’s answer is tolerance, not coercion. The First Amendment envisions the United States as a rich and complex place where all persons are free to think and speak as they wish, not as the government demands. Colorado cannot deny that promise consistent with the First Amendment.

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Banning book bans in Illinois

This entry was posted in Censorship Commentary and tagged books Illinois law libraries on by

Illinois has enacted a law which many articles have characterized as “outlawing book bans.” More precisely:

Illinois public libraries that restrict or ban materials because of “partisan or doctrinal” disapproval will be ineligible for state funding as of Jan. 1, 2024, when the new law goes into effect.

Here’s the full text. It encourages libraries to adopt the American Library Association’s “Library Bill of Rights.” This sounds like a good idea on the face of it, but it may accomplish less than expected and have unintended consequences.
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CUNY misrepresents American freedoms

This entry was posted in Censorship Commentary and tagged censorship education law on by

The bogus claim that there’s a “hate speech” exception to the First Amendment of the US Constitution usually comes from a left-wing position, but anyone can use it. The Board of Trustees of the City University of New York claimed that the speech made by student Fatima Mousa Mohammed at the May 12 Law School commencement constituted “hate speech.” The statement asserts that “hate speech … should not be confused with free speech and has no place on our campuses or in our city, our state or our nation.” Presumably the university plans or has already engaged in some action penalizing the speaker, though I haven’t been able to find out what it did or is going to do.

This case is particularly interesting because it doesn’t follow the usual script of people holding a left-wing view claiming that positions they don’t like are unprotected “hate speech.” According to an article on FIRE’s website, Ms. Mohammed “accused Israel of ‘indiscriminately raining bullets and bombs’ on Palestinians, criticized CUNY for working with the ‘fascist’ New York City Police Department and military, and expressed disdain for ‘capitalism, racism, imperialism and Zionism.'” Those sound more like the positions of someone who’d fling “hate speech” accusations rather than being on the receiving end.
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Florida bill seeks to intimidate bloggers

This entry was posted in Commentary News and tagged censorship Florida law on by

Politicians don’t like critical articles about them. Mike Masnick writes that Jason Brodeur, a Florida state senator, has introduced a bill to force bloggers to register if they write about DeSantis or other elected Florida officials and get any payment for it. They would then be ordered to file monthly reports on their blogging.

As Masnick notes, the bill is a blatant violation of the First Amendment. Its purpose is obviously to scare bloggers out of writing about DeSantis. The bill text is available on the Florida Senate’s website.
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New York’s threat to free speech on the Web 1

This entry was posted in Censorship News and tagged censorship law liberty on by

A law recently passed by the New York State Legislature poses a serious threat to online speech. FIRE is already challenging this outrageous law, which I doubt can survive a legal battle, but in the meantime, it poses a threat to anyone running a site that’s read in New York and allows user input.

The law applies to the ill-defined category of “social media networks.” That doesn’t just mean Facebook, Twitter, and LinkedIn. It could apply to anyone who runs a Mastodon instance or even runs a blog that allows comments. FIRE says:
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