Tag: 1st amendment

Democrat Arizona AG Kris Mayes’ Alternate Trump Electors Case on Life Support After Judge Says Charges May Have Violated First Amendment

The Arizona alternate Trump electors case brought by Democrat Attorney General Kris Mayes started to crumble last year after a judge allowed the defendants to argue the charges are politically motivated.

During a hearing last year, Maricopa County Superior Court Judge Bruce Cohen said he was open to listening to the defendants’ arguments to have the indictment thrown out under Arizona’s anti-SLAPP law, which was recently expanded by the legislature to cover vindictive politically motivated charges.

On Monday, Maricopa County Judge Sam Myers said the defendants successfully argued that the charges against them appear to have violated the state’s anti-SLAPP statute.

“Myers said that Arizona Democratic Attorney General Kris Mayes’ declaration when announcing the indictment that “this should never happen again” can be construed as assigning political motivation to the prosecution,” Courthouse News reported.

Arizona prosecutors have 45 days to respond to the judge’s finding and prove the charges were to enforce the law and not violate the First Amendment rights of the defendants.

Trump 2020 election lawyer John Eastman responded to the judge’s finding: Major ruling in the Arizona electors case this a.m. The new judge just ruled that I met the prima facie case required to dismiss under the anti-SLAPP statute — that is, 1st Amend. rights implicated, & substantial evid. that the prosecution was to retaliate or deter those rights.

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Trump orders review to identify, punish and deport antisemites — including students on visas

President Trump signed an executive order Wednesday instructing federal agencies to identify “all civil and criminal authorities” available to combat antisemitism — including finding ways to deport anti-Jewish activists who violated laws.

The order, first reported by The Post, requires agency and department leaders to provide the White House with recommendations within 60 days and outlines plans for the Justice Department to investigate pro-Hamas graffiti and intimidation, including on college campuses.

“Jewish students have faced an unrelenting barrage of discrimination; denial of access to campus common areas and facilities, including libraries and classrooms; and intimidation, harassment, and physical threats and assault,” the order says.

“It shall be the policy of the United States to combat anti-Semitism vigorously, using all available and appropriate legal tools, to prosecute, remove, or otherwise hold to account the perpetrators of unlawful anti-Semitic harassment and violence.”

The executive order calls for the deportation of resident aliens — including students with visas — who broke laws as part of anti-Israel protests following the Oct. 7, 2023, terrorist attacks that sparked the invasion of Gaza.

“[T]he Secretary of State, the Secretary of Education, and the Secretary of Homeland Security… shall include in their reports recommendations for familiarizing institutions of higher education with the grounds for inadmissibility under 8 U.S.C. 1182(a)(3) so that such institutions may monitor for and report activities by alien students and staff relevant to those grounds and for ensuring that such reports about aliens lead, as appropriate and consistent with applicable law, to investigations and, if warranted, actions to remove such aliens,” the order says.

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Disinformation Experts Hate Trump’s Free Speech Executive Order

Newly inaugurated President Donald Trump signed a bevy of executive orders earlier this week, including one that seeks to end the federal government’s pressure campaign on social media companies.

The “Restoring Freedom of Speech and Ending Federal Censorship” executive order reaffirms the free speech rights of social media users and prohibits government agents from engaging in unconstitutional censorship.

“Under the guise of combatting ‘misinformation,’ ‘disinformation,’ and ‘malinformation,’ the Federal Government infringed on the constitutionally protected speech rights of American citizens across the United States in a manner that advanced the Government’s preferred narrative about significant matters of public debate,” states the order. “Government censorship of speech is intolerable in a free society.”

This order is, as the Abundance Institute’s Neil Chilson recognized, “good and appropriate.” Much of the censorship on social media sites that rightly irked libertarians, conservatives, and dissidents of all stripes was not enforced by the platforms of their own free will; on the contrary, they were browbeaten by various federal agencies, including the Department of Homeland Security (DHS), the Centers for Disease Control and Prevention (CDC), and the White House.

It’s right and proper for Trump to tell the bureaucrats who work at these agencies: that’s enough of that. The First Amendment protects misinformation and hate speech, and the feds have no business policing these categories of speech on social media.

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State ‘Bias Response Hotlines’ Encourage People To Snitch on Their Neighbors for ‘Hate Speech’

By the end of this year, as many as 100 million Americans could live in a state where they can be reported to a “bias response hotline” for a wide range of protected speech. While states claim that these reporting mechanisms don’t punish people for non-criminal speech acts, many also claim to attempt to stop hateful speech incidents “before they occur.”

According to a recent report in The Washington Free Beacon by reporter Aaron Sibarium, these reporting systems allow people to “snitch” on their neighbors. Connecticut allows people to report “hate speech” they “heard about but did not see.” Vermont encourages citizens to call the police over “biased but protected speech.” Philadelphia actually directs people to give the names of alleged offenders so they can be contacted.

“If it is not a crime, we sometimes contact the offending party and try to do training so that it doesn’t happen again,” Saterria Kersey, a spokeswoman for the Philadelphia Commission on Human Relations, told Sibarium.

Oregon’s Bias Response hotline encourages citizens to report not only hate crimes, but also “non-criminal hostile expression motivated in part or whole by” someone’s protected identity. These incidents can include “hate speech,” “displaying hateful symbols or flags,” and “telling or sharing offensive ‘jokes’ about someone’s identity.”

What happens when someone calls this hotline? The Free Beacon called the hotline and reported a fictional incident—a man, identifying himself as a Muslim said that he felt “targeted” by his neighbor’s Israeli flag. 

“Within 20 minutes, a hotline operator had logged the display in a ‘state database,’ referred to it as a ‘warning sign,’ and suggested installing security cameras in case the situation ‘escalates,'” Sibarium writes. “He also informed this reporter that, ‘as a victim of a bias incident,’ he could apply for taxpayer-funded therapy through the state’s Crime Victims Compensation Program, which covers counseling costs for bias incidents as well as crimes.”

Even though nothing criminal had allegedly occurred—or even something that could be fairly described as objectively offensive—the operator nonetheless treated the report with immense gravity.

“Even if it is not very explicit, we go with whatever the victim is experiencing,” the operator said during the call. “And if your sense is that this is based on discrimination against your faith or your country of origin…that’s how I would document it.”

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TikTok and the Freedom of Speech

“Congress shall make no law …abridging the freedom of speech or of the press…”
~ First Amendment to the U.S. Constitution

During the oral argument before the Supreme Court in the famous Pentagon Papers case, a fascinating colloquy took place between Justice William O. Douglas and the lawyer for the government. The case was about whether the government could prevent The New York Times and The Washington Post from publishing secret documents that demonstrated that American generals had been misleading President Lyndon Johnson and he had been lying to the American public during the Vietnam War.

The documents had been stolen by Daniel Ellsberg, a civilian employee of the Department of Defense, in an act of great personal courage and constitutional fidelity, and then delivered to both newspapers. Two federal judges had enjoined the newspapers from publishing the documents, and the Supreme Court was hearing appeals by the newspapers.

When Justice Douglas asked the government lawyer if the phrase “no law” in the First Amendment literally means no law, he was unable to answer. The court found his mumbo jumbo reasoning so telling that it actually published the transcript of the Q and A in the court’s opinion itself – something it had not done before in modern times nor since.

The court ruled in that landmark case that freedom of speech and the right to know what the government is doing and the right to consult whatever source one chooses when forming an opinion each trump the government’s concerns for protection of state secrets. Thus, it matters not how the media obtains information; if it is material to the public interest, the media may publish it, without fear of civil or criminal liability.

The Pentagon Papers case was the high watermark for the freedom of speech: Freedom trumps safety. But the court studiously avoided answering Justice Douglas’ question about no law. If the Constitution means what it says, then no law literally means no law, and thus all sorts of legislation about speech – from defamation to treason to silencing TikTok – is unconstitutional. But if no law doesn’t really mean no law, then what does it mean?

Regrettably, today, no law means whatever the court says it means. That’s what happened last week when the court upheld congressional legislation silencing TikTok.

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Springfield Illinois City Council Bans Trump Shirt

The American Center for Law and Justice (ACLJ) was founded in 1990 with the mandate to protect religious and constitutional freedoms.

Under the leadership of Chief Counsel Jay Sekulow, the organization engages legal, legislative, and cultural issues by implementing an effective strategy of advocacy, education, and litigation that includes representing clients before the Supreme Court of the United States and international tribunals around the globe.

ACLJ has taken on the case of Ms. Rosanna Pulido, a resident of Springfield, Illinois, who “faced outrageous restrictions on her freedom of expression at a city council meeting.”

According to ACLJ, Ms. Pulido attended a Springfield City Council meeting on October 29, 2024, sporting a “Chicanos for Trump” T-shirt.

Despite her peaceful and orderly participation, exercising her free speech was too much for the council, and she was singled out by a Springfield alderwoman, who claimed the shirt violated a policy against “campaign materials” in the council chambers.

She was then forced to either turn her shirt inside out or cover the message.

As ACLJ notes, this rule is nowhere to be found in writing and, although Ms. Pulido wrote to the city council and to the city’s attorney asking what law was being enforced, she received no reply.

Further, the rule is completely unconstitutional: Citizens can wear campaign T-shirts in public places.

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‘Huge Win’: West Virginia Governor Issues Executive Order Allowing Religious Exemptions

West Virginia Gov. Patrick Morrisey on his first full day in office issued an executive order allowing for religious exemptions from mandatory school vaccinations, ending one of the most restrictive vaccination policies in the country.

“We’re ensuring that the current policy, which does not recognize a religious and conscientious exemption for vaccines — that is being changed,” he said at a news conference.

The exemption will be available to anyone who wants to send their child to school but objects on “religious or conscientious grounds” to one or more of the vaccines required by the state’s compulsory immunization law.

To comply with the new order parents need only provide a written statement on why they object to the vaccines.

West Virginia state law requires children to receive vaccines for chickenpox, hepatitis B, measles, meningitis, mumps, diphtheria, polio, rubella, tetanus and whooping cough before starting school. The state does not require COVID-19 vaccinations for children.

West Virginia was one of a tiny minority of states that didn’t recognize religious exemptions for vaccines. “Today that changes,” Morrisey said.

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United States Activates TikTok Ban Starting Sunday

The US government has confirmed that the TikTok ban will take effect this Sunday as part of a measure to protect national security from alleged espionage risks posed by ByteDance, the app’s Chinese parent company.

App stores will be required to remove the app, preventing new downloads within the country. Existing users may continue using it temporarily, but additional restrictions could be imposed soon. According to the Department of Commerce, the decision is necessary to safeguard the data of US citizens from unauthorized access by the Chinese government.

Social media platforms are buzzing with reactions. Influencers and content creators are lamenting economic losses and the limitation of their reach on a platform that has revolutionized the digital industry. Many are already migrating to alternatives like Instagram Reels and YouTube Shorts to maintain their market presence.

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Yes, Mark Zuckerberg, You Can Shout ‘Fire’ in a Crowded Theater

Mark Zuckerberg has joined a dubious list of prominent Americans—including judges, members of Congress, and even a vice presidential nominee—who believe that you can’t yell “fire” in a crowded theater. In an interview with Joe Rogan last week, the Meta CEO attempted to justify the company’s pandemic-era censorship policies by arguing that “even people who are like the most ardent First Amendment defenders” know that there is a limit to free speech. 

“At the beginning, [COVID-19 was] a legitimate public health crisis,” Zuckerberg told Rogan. “The Supreme Court has this clear precedent: It’s like, all right, you can’t yell ‘fire’ in a crowded theater. There are times when if there’s an emergency, your ability to speak can temporarily be curtailed in order to get an emergency under control. I was sympathetic to that at the beginning of COVID.”

The thing is, Zuckerberg is simply wrong when it comes to how the First Amendment works.

The common misconception that it’s illegal to shout “fire” in a crowded theater originates with a hypothetical used by Justice Oliver Wendell Holmes in the 1919 Supreme Court case Schenck v. United States.

In his opinion, Holmes wrote that “the character of every act depends upon the circumstances in which it is done,” adding that “the most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic.” Not only was this passage a pure hypothetical used to illustrate Holmes’ larger opinion that the First Amendment didn’t protect the dissemination of anti-draft pamphlets, but Schenck itself was overturned in 1969 by Brandenburg v. Ohio.

“To the contrary, if the theater is on fire, you not only may shout ‘FIRE,’ but indeed, you should do so! The constant misstatement of this famous line from a 1919 Supreme Court decision is significant, because it overlooks the critical, common-sense distinction between protected and unprotected speech,” former American Civil Liberties Union President Nadine Strossen said in 2021. “This old canard, a favorite reference of censorship apologists, needs to be retired. It’s repeatedly and inappropriately used to justify speech limitations. People have been using this cliché as if it had some legal meaning, while First Amendment lawyers roll their eyes”

Zuckerberg’s interview came in the wake of a January 7 announcement that Meta platforms would no longer use third-party fact-checkers to label and restrict content, as well as loosen restrictions on some subjects “that are part of mainstream discourse.” 

“After [Donald] Trump first got elected in 2016, the legacy media wrote nonstop about how misinformation was a threat to democracy,” Zuckerberg said in a video announcing the change. “We tried in good faith to address those concerns without becoming the arbiters of truth. But the fact-checkers have just been too politically biased and have destroyed more trust than they’ve created, especially in the U.S.”

While this change is a welcome shift from Meta’s previous content-moderation regime, that Zuckerberg is still getting this basic element of the First Amendment wrong hardly bodes well for Meta’s future as a platform friendly to free expression.

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Small-Town America “Fights Back” In Court Against Globalists Who Flooded Their Town With Haitians

A resident of Charleroi, Pennsylvania, who was among the first to draw national attention to the massive influx of Haitian migrants into his small town, is now locked in a legal battle with a local food packaging plant that employs primarily migrants from the third world. Eyes on Charleroi first appeared when President-elect Donald Trump highlighted the town’s staggering 2,000% surge in its migrant population before the presidential elections. The resident is also planning a class-action lawsuit on behalf of hundreds of residents, demanding accountability from those responsible for the migrant invasion. 

Local media outlet Pennsylvania Record reports the lawyer of Andrew Armbruster, a resident of Charleroi, filed Pennsylvania’s new anti-SLAPP law, a measure that gives defendants, in some instances, the opportunity to evade litigation. This is regarding a defamation lawsuit filed against Armbruster by the Charleroi business Fourth Street Foods

“SLAPP stands for strategic lawsuits against public participation, and anti-SLAPP laws give defendants a First Amendment argument,” Pennsylvania Record’s John O’Brien wrote.

The motion stated that Fourth Street Foods owner David Barbe filed the lawsuit against Armbruster primarily to suppress protected public expression.

“Armbruster’s rights to speak to public issues, community members, and prevailing wages without ever being accused of mentioning ‘Dave Barbe’ are an incredible encroachment on everyone in Charleroi’s right to free expression on public matters,” the motion said. 

The motion continued, “Not only are they chilled from speaking about Mr. Barbe, by this lawsuit they are chilled from mentioning the hiring practices of a local employer.”

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