Tag Archives: First Amendment Center

Profanity fine leads to planned protest

By William R. Toler

WARNING: In the spirit of free speech, this post is completely uncensored.

A recent decision by a Massachusetts town to fine foul language has spurred a massive, planned showing of civil disobedience.

Liberty activist Adam Kokesh announced on his online show “ADAM VS THE MAN” that he would be hosting the event Free FUCKING Speech Demonstration in Middleborough, MA. The profanity party is scheduled to take place at the Middleborough Town Hall June 25. The same town hall where residents voted 183-50 to impose a $20 fine on cussing in public, according to the AP .
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License to blog?

By William R. Toler

I love North Carolina. It’s a beautiful state, from the miles of beaches on the Atlantic Coast to the hazy hills of the southern Appalachians. But sometimes the idoacy the “powers that be” make me sad to be Tarheel born and bred.

A blogger could be facing jail time. His crime: wrting about the Paleo Diet.

After Steve Cooksey was hospitalized with diabetes in 2009, he decided to fight his ailment by changing his diet, the Carolina Journal reports. After experiencing positive results from the low-carb, high-protein regimen, Cooksey decided to start a blog.

Depsite having a disclaimer at the bottom of his blog stating, “I am not a doctor, dietitian nor nutritionist… in fact I have no medical training of any kind,” Cooksey received a letter from the North Carolina Board of Dietetics/Nutrition.

Isn’t that nice? We have a Nanny State agency to “protect the health, safety, and welfare of the citizens of North Carolina from harmful nutrition practice by providing for the licensure and regulation of persons engaged in the practice of dietetics/nutrition and by establishing educational standards for those persons.” How did we survive before 1992?
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School clothing hang-ups

By William R. Toler

Three girls.

Two schools.

One problem.

They all got in trouble for their clothing decisions… and it’s not like they were dressed like whores.

Texanna Edwards, a senior at Gibson County High School, showed up at prom with a dress displaying the school colors of red, white and blue. But when she tried to walk in, she was denied.

The reason: her red, white and blue made up the stars and bars of the confederate battle flag. School officials told her it was “offensive and inappropriate.”
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Hudson says ‘Let the Students Speak’

By William R. Toler

Over the past year I’ve added a number of books to my personal library that compose what I’ve dubbed my “Liberty Shelf.”

Included on the shelf are four books each by Judge Andrew Napolitano and Congressman Ron Paul (R-TX). Also on the shelf are seven books focusing on First Amendment issues. The newest addition is a topic that I have a fond interest in.

Let the Students Speak is a history of the fight for student speech in public schools. The author, David L. Hudson, Jr. is quite the authority on the subject. He’s a scholar with the First Amendment Center and teaches law and Vanderbilt University. The Independent Register often refers to Hudson for local speech issues.

In the book, Hudson chronicles not only well-known cases (such as Tinker v. Des Moines or “Bong Hits 4 Jesus“) but a bevy of smaller cases. Those cases run the gamut of speech and expression, including speech outside of school.
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Free speech has stood the test of time

By Corey Friedman

It was unprecedented. It was visionary. And 224 years later, its guarantees of personal freedom are still seen as radical throughout much of the world.

On Sept. 17, 1787, statesmen signed the United States Constitution, the blueprint for the new American democracy. The Bill of Rights was written to safeguard the individual liberties won in the war for independence and to build a bulwark against the expansion of government power.

The First Amendment ensures that Americans can speak and express themselves freely without fear of punishment. It guarantees that newspapers, periodicals, pamphlets and petitions can be printed and distributed. It gives citizens the right to practice the religion of their choice — or no religion at all — in the time and manner of their choosing. It allows citizens to assemble in groups, hold meetings and bring their grievances to the government.

Most Americans exercise their First Amendment rights in one form or another every day. But sadly, tens of millions aren’t aware of the full scope of their expressive freedoms. Thirty percent of adult Americans can’t list any of the five First Amendment rights, according to a 2011 survey sponsored by the First Amendment Center at Vanderbilt University in Nashville, Tenn.

Sixty-two percent of survey respondents identified free speech as part of the First Amendment, but just 19 percent named the freedom of religion and 3 percent named the right to petition, State of the First Amendment data shows.
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Local governments run amok

By William R. Toler

The uprising of political activity by conservatives often focuses on the overreach of the federal government. However, local governments can be just as opressive…as the following stories will demonstrate.

Growing pains

A woman in Oak Park, Mich. was facing a 93-day stint in jail and a misdemeanor charge for having a vegetable garden. The story went viral and after a week of complaints from folks all around the country, the city dropped the charges against Julie Bass.

The city’s planner, Kevin Rulkowski, told WJBK-TV, “That’s not what we want to see in a front yard,” referring to Bass’ garden, which consisted of several planter boxes in her front yard. The code Bass was accused of violating reads that front yards should have “sutiable, live, plant material.”

Bass believes, as do many other Americans, that her garden meets that standard. “It’s definitely live. It’s definitely plant. It’s definitely material. We think it’s suitable,” she said.
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Camera ban may be unconstitutional

By William R. Toler

A ban on cameras in a New Hampshire district may be unconstitutional according to the First Amendment Center.

A judge issued an “unsigned” order on July 1 that bans all cameras and other recording devices, except where permission is asked 48 hours in advance, specifically for the courthouse in Keene, NH (see previous post).

“A blanket ban likely would be unconstitutional,” says David Hudson from the First Amendment Center. “Trial judges are granted discretion to determine whether cameras might unduly prejudice court proceedings but generally they must make particularized findings, such as whether there would be prejudice, whether the ban is no broader than necessary and whether there are reasonable alternatives to not permitting coverage.”

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Complaint filed in casket controversy

By William R. Toler

Political activism apparently isn’t OK if you’re a conservative.

The North Carolina NAACP filed a formal complaint Nov. 3 with the U.S. Justice Department charging Bill Harper with voter intimidation.

The complaint accuses Harper of displaying the casket “with the intent of intimidating Black voters with the image of death. Mr. Harper placed on the casket at least two pictures of Senator Obama with what some said made them think of a red noose-like circle around his head with the intent of intimidating and suppressing African American voters who wanted to vote at this polling site.”
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