Tag: 1st amendment

Nude Shrek Text to Ohio State Senator Reportedly Lands Blogger in Jail

Last week, The Columbus Dispatch reported that D.J. Byrnes—an Ohio blogger who runs a Statehouse gossip Substack called The Rooster—was arrested on a misdemeanor warrant at the Ohio Statehouse. Byrnes’ arrest, according to reporting by Signal Ohio, likely stems from a picture he texted to state Sen. Jerry Cirino (R–Kirtland) on May 6. The offending image? A “digitally altered version of Shrek, the ogre with a titular children’s movie franchise, with his penis exposed,” according to Signal Ohio. Police records did not identify Cirino by name, but the outlet confirmed he was the “recipient of the text messages based on the text messages themselves and other details within the police report.”

An affidavit with Byrnes’ arrest report described the ogre as “fully nude with an exposed and erect humanlike penis engaged in an act of masturbation,” according to the outlet. The text exchange also included a message calling Cirino “Young Mussolini.”

On May 8, Cirino reportedly emailed the Kirtland Police Department asking officers to file charges against Byrnes.

“Not only is the message harassing but the disgusting picture is pornographic in nature and not something I want to see on any of my devices,” said the email sent to Kirtland police.

After his arrest on June 1, Byrnes was booked into the Franklin County Jail, where he says he spent 23 hours in custody, according to a statement posted on The Rooster. The Columbus Dispatch reported that he was released on bond on June 2. Byrnes wrote that he would not comment on the specifics of the allegations, but he says he believes he will be found innocent in court. He was arrested on telecommunications harassment charges, according to Signal Ohio, and could face up to six months in jail.

In its analysis of the case, the Foundation for Individual Rights and Expression (FIRE), a pro–free speech organization, cautioned that, “as in essentially all First Amendment cases, context and details matter.” Based on the available facts, however, the organization wrote that “Byrnes should not be facing telecommunications harassment charges.”

FIRE argues that Byrnes’ “shrexting” did not amount to obscenity because the image fails to pass the three-prong obscenity test set by Miller. v. California: Would the average person see the work as appealing “to the prurient interest”? Does it depict sexual conduct in a “patently offensive way” as defined by state laws? And finally, does the work lack “serious literary, artistic, political, or scientific value”? The text was clearly a piece of “political mockery,” and it was not intended to “arouse anyone’s sexual interest,” FIRE wrote, meaning it fails the Miller test. The “handful of afternoon texts,” from what FIRE reviewed, did not constitute harassment either.

More details about Byrnes’ case may emerge when he appears in court, but if a public official did in fact direct the police department to arrest Byrnes because of his texts, that poses a clear threat to free speech. The Shrek image may be absurd, shocking, and hilarious (depending on your sense of humor), but being punished for exercising your free speech right to criticize and troll (or ogre) public officials is no laughing matter.

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Bill Introduced in Congress To Codify the First Amendment Right To Film the Feds and Sue for Violations

Two Democratic lawmakers introduced a bill in Congress today that would create a right to sue federal law enforcement officers who stop someone from filming or observing police activity.

Sen. Richard Blumenthal (D–Conn.) and Rep. Maxwell Frost (D–Fla.) introduced the “Right to Record Act of 2026,” which they say would create new consequences for individual federal officers who violate a person’s First Amendment right to document and record police.

The legislation would create a right to sue a federal law enforcement or immigration officers who engage in wide range of retaliatory behavior, including threatening and harassing videographers, surveilling them, and seizing and destroying their equipment.

The lawmakers cited recent allegations of federal officers targeting videographers in New Jersey, Memphis, and elsewhere across the country, as well as the importance of video evidence in refuting the false government narratives of several shootings of U.S. citizens by immigration agents.

“Over the last year, I’ve investigated dozens of cases of Americans brutalized by agents of their own government, and across the board, video footage corroborated their testimony – showing the world what they experienced and making sure that justice was served,” Blumenthal said in a press release. “Without recordings, we wouldn’t know the truth of what happened to Renee Nicole Good, Alex Pretti, Marimar Martinez, George Retes, and so, so many others.”

The bill highlights a growing free speech battle: Civil liberties groups say filming the police is a well-established First Amendment right. Although the Supreme Court hasn’t directly addressed the issue, seven federal circuit courts have upheld the right to record and monitor the police, so long as one doesn’t physically interfere with them. However, Department of Homeland Security (DHS) officials have repeatedly suggested that such activity is doxing and obstruction of justice. Over the past two years, videos from around the country—from Oregon to Maine to the Florida Keys—have shown federal immigration agents arresting or threatening to arrest people for filming them.

The American Civil Liberties Union (ACLU), which endorsed the Right to Record Act, filed a lawsuit in May alleging that a federal police task force in Memphis is systematically retaliating against residents who try to document its activity.

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USDA Secretary Faces Lawsuit for Explicitly Christian Messages to Employees

Agriculture Secretary Brooke Rollins has been speaking openly about the Christian faith — and some secularists do not like it.

A lawsuit filed on May 13 by groups like Americans United for Separation of Church and State on behalf of multiple USDA employees claimed that Rollins’ pattern of “proselytizing Christian messaging” violates the First Amendment.

The complaint whined about messages like an email sent to all USDA employees on April 5 — which was Easter Sunday.

“He is risen indeed!” the message said, per a report from The Christian Post.

“From the foot of the Cross on Good Friday to the stone rolled away from the now empty tomb, sin has been destroyed. Jesus has been raised from the dead,” Rollins wrote.

“And so like the very first disciples to encounter our risen Lord in the Upper Room almost two thousand years ago, this Easter let us too be alive with hope, full of Paschal joy, and confident in the mission each of us has been called for,” it added.

The email made no demands of USDA employees to become Christians or otherwise tried to link the Easter holiday to their roles and responsibilities.

Rollins reacted to the lawsuit on social media, indicating that she does not regret sending the communications.

“It’s just another opportunity to remind everyone: He is Risen,” she wrote.

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Girl Kept from Church, Bible, and Christian Friends by Portland Judge Awaits Appeals Court Ruling

Despite her love of Christianity, a young Maine girl has been prevented since 2024 from going to church, attending religious holidays, being “exposed” to the Bible or other scriptural literature, and even having Christian friends — all because of a judge’s order in a parental rights case.

The draconian restrictions have been in place for some 18 months as Emily Bickford and her daughter Ava, 13, wait for a decision on an appeal to the state’s Supreme Court eight months ago after Portland District Judge Jennifer Nofsinger issued the shocking ruling in late 2024 as part of a dispute between the girl’s parents.

Not only has the ruling impacted the lifestyle and pursuit of happiness by both mother and daughter, on its face it appears incompatible with the founding principles of the United States.

The right to worship granted by the First Amendment is not in the grip of any judge to grant or abolish, the Portland mother told Breitbart News in an exclusive interview this week.

“That is not theirs to take away,” Bickford said. “It’s in our Declaration of Independence. Our forefathers knew we had inalienable rights given by God. God gave us the freedom to worship him, and there’s no government that can take that away from us.”

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Washington Legal Settlement Protects Christian Foster Parents

The widespread cultural divide among Americans was evident in a recent First Amendment case in Washington. A Christian foster family from the Evergreen State said their speech and religious liberties were violated by state policies demanding they employ gender pronouns and affirm the sexual orientation of their foster charges. The resulting settlement seeks to protect religious liberties while also supporting the self-identification of gender, orientation, etc., by minors in need of an affirming home.

Brave Foster Plaintiffs

Shane and Jennifer DeGross are devout Christians who served as licensed foster parents in Washington from 2013 to 2022, caring for four children. The onslaught of trans ideology and a world in which toddlers allegedly proclaim their “true” gender yielded regulations in Washington and many other states that required foster parents to agree that they would “affirm” a child’s sexual orientation, gender identity, and expression (called “SOGIE”), regardless of whether a particular child actually articulated any such desires. That is, the laws are imposed “just in case” a child decides to transition or declare themself gay, bi, trans, etc.

The DeGrosses told the truth to state employees: They could not agree to such restrictions because they believe that “a person’s biological sex is an immutable characteristic” and that “as image bearers of God, a person should live consistent with their God-given sex rather than contrary to God’s design.” The state of Washington then denied them a license, later issuing a limited license, which the couple still found hostile to their faith.

The DeGrosses brought suit in federal court with the assistance of Alliance Defending Freedom (ADF), alleging the state had violated their First Amendment rights to freedom of religion and expression. The state sought to dismiss the complaint, alleging the plaintiffs had no legitimate cause of action. Ruling in favor of the plaintiffs, the court stated:

“….Policy § 1520 restricts certain speech by prospective parents on the topic of SOGIE, while requiring speech that aligns with the state’s perspective…. In essence, the Department has forced the DeGrosses to choose between forfeiting their freedom of speech to obtain an unrestricted license, or upholding their beliefs surrounding SOGIE, and receiving a less-favorable license subject to certain restrictions. The DeGrosses have carried their burden to show that the Department’s enforcement of Policy § 1520 plausibly constitutes impermissible viewpoint discrimination.”

Freedom of Religion Endures

The US Constitution is designed to prevent government intrusion into citizens’ subjective beliefs, particularly regarding religious or political views. State foster care services place agencies in the midst of the culture war created by novel theories about mutable gender, infinite pronouns, and endless prideful celebration of sexual behaviors. Some parents may wish to encourage such thinking and behaviors in very young children; some (including conservative Christians) are inclined otherwise. In seeking to split this proverbial baby in half for foster parenting, the court noted: “The situation would be no different if the state had restricted parental speech favoring more ‘progressive’ views of sexuality and gender identify, while compelling speech along the lines of [the DeGrosses’] more traditional understanding.” [citation omitted.]

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The FCC Wants Warning Labels for Shows With ‘Transgender’ Content

The Federal Communications Commission (FCC) is considering new content ratings for TV shows that depict or discuss gender identity. Doing so would be well outside the FCC’s legal authority, and some free speech organizations warn that such a request could constitute a violation of the First Amendment.

At the direction of the Telecommunications Act of 1996, broadcasters developed content ratings for TV shows, patterned after the ones for movies. The TV ratings span TV-Y (appropriate for all children) to TV-MA (mature audiences only), plus more specific content labels for suggestive dialogue, bad language, sexual content, and violence. They also established the TV Parental Guidelines Oversight Monitoring Board (TVOMB) to administer the new ratings.

The government now suggests those warnings are no longer sufficient.

“Recently, parents have raised concerns that controversial gender identity issues are being included or promoted in children’s programs without providing any disclosure or transparency to parents,” per a public notice the FCC filed in April. “Specifically, the industry guidelines that parents rely on are rating shows with transgender and gender non-binary programming as appropriate for children and young children, and doing so without providing this information to parents, thereby undermining the ability of parents to make informed choices for their families.”

As a result, it continued, “We seek comment here on any changes that can or should be made to the current ratings system to ensure that it is responsive to the issues that parents confront today.”

There are several problems with the memo—starting with the fact that the FCC lacks the authority to create or require new content labels.

The 1996 law did call for the government to create a “television rating code” and an “advisory committee,” unless the private sector “established voluntary rules” to do so within a year of the law’s passage. As the FCC acknowledged in its April memo, “Industry representatives chose to set up their own voluntary system, and the Commission in 1998 found that industry’s approach met the relevant statutory criteria.”

Even setting that aside for the moment, the memo’s phrasing also suggests any “transgender [or] gender non-binary” content is potentially inappropriate for children—after all, why else would it matter if parents were sufficiently warned about it?

This broad scope has First Amendment implications. “If what the Commission is in substance proposing is that any program featuring or discussing transgender and gender non-binary persons be flagged with a content warning, that is the stigmatization and marginalization of an entire segment of the population through the machinery of the ratings system, and it is the kind of viewpoint targeting forbidden by the First Amendment,” according to comments filed to the FCC by The Future of Free Speech, a nonpartisan think at Vanderbilt University.

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Three Debates Americans Have Had For 250 Years

George Washington rode west from Philadelphia in command of 13,000 troops on a mission that would test his leadership unlike any previous campaign.

These men were not soldiers in the Continental Army. They were citizen militiamen—forerunners of the National Guard—called up from Virginia, Pennsylvania, Maryland, and New Jersey. And Washington was no longer simply a general. He was president of the United States.

The year was 1794, and Washington had made one of the most fateful decisions of his presidency: to use armed force against fellow Americans.

Congress, desperate for revenue to pay war debts, had enacted a tax on whiskey. Grain farmers in Western Pennsylvania saw the tax as immoral and unjust.

Protestors attacked revenue agents, destroyed the property of tax-paying farmers, and fired shots that killed a local militiaman.

Growing bolder, they fashioned banners on “liberty poles” with slogans like “Equal Taxation and no Excise” and “Liberty or Death.”

For two years, Washington searched for a peaceful resolution. But when 5,000 rebels gathered outside Pittsburgh, vowing to take the city, he knew the time for action had come.

In the end, the Whiskey Rebellion was anticlimactic, resulting in no further violence.

Yet more than 200 years later, Americans still strenuously disagree on basic questions of government.

When is a president justified in mobilizing the National Guard? At what point does a protest become an insurrection? What counts as free speech?

Some fundamental issues were settled at the nation’s founding, a panel of scholars told The Epoch Times. But more were left unsettled. And Americans continue to debate those same issues today.

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Hawaii To Pay Up After Trying to Criminalize Political Memes

Hawaii has agreed to pay $118,237.47 in attorney’s fees and costs to The Babylon Bee and local activist Dawn O’Brien, closing the books on a failed attempt to make some political satire a criminal act.

The state chose not to appeal a January ruling that struck down its so-called deepfake law, Act 191, as facially unconstitutional. It tried to ban speech. It lost. Now, taxpayers are covering the bill.

The settlement comes with an unusual wrinkle. Hawaii can’t actually pay yet. The agreement is contingent on the state legislature appropriating the funds during its next session, which runs from January to May 2027. If the legislature doesn’t approve the money by September 1, 2027, the Bee and O’Brien retain the right to file a formal motion for attorney’s fees, meaning the case would reopen and the final number could climb.

Act 191, signed by Governor Josh Green in July 2024, banned the distribution of “materially deceptive media” during election seasons if it risked “harming the reputation or electoral prospects of a candidate” or “changing the voting behavior of voters.”

The only escape for satirists was to slap joke-killing disclaimers on their content, disclaimers that had to appear throughout the entirety of a video and be printed in letters as large as any other text on screen. Violations carried fines, civil lawsuits, and jail time.

The law didn’t require anyone to actually be harmed or deceived. It punished speech based on a speculative “risk” of harm, a standard so vague that the person posting had no reliable way to know whether they were complying. US District Judge Shanlyn Park found that the law “muddies the line between compliance and noncompliance by forcing speakers to base their conduct on their own risk assessment, rather than on clear, objective standards.”

She noted the law created an “inherently subjective assessment for enforcement agencies” that “could conceivably lead to discretionary and targeted enforcement that discriminates based on viewpoint.”

Hawaii argued the law was needed to protect election integrity. Park acknowledged that interest but found the state couldn’t show it had chosen the least restrictive means.

Hawaii’s own expert agreed that digital literacy education would work, objecting only that it “would require a larger investment of resources” compared to a ban. Park cited the Supreme Court: “The First Amendment does not permit the State to sacrifice speech for efficiency.”

ADF legal counsel Mathew Hoffmann said: “Hawaii’s war against political memes and satire has come to an end, thankfully. The First Amendment doesn’t allow any state to choose what political speech is acceptable and censor speech in the name of ‘misinformation.’ That censorship is both undemocratic and unnecessary.”

Hawaii follows California, which lost a similar fight against the Bee. Minnesota’s version is still being litigated before the full 8th Circuit.

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Texas Woman Arrested for Facebook Post About Town Water Quality

Jennifer Combs had never gotten so much as a speeding ticket. On May 8, police in Trinidad, Texas, arrested her on a state jail felony charge for writing a Facebook post about the town’s water supply.

The post said residents had been hospitalized due to bacteria in the water. The city says that claim was false. So they sent cops to her door.

The charge is felony false alarm or report under Texas Penal Code § 42.06, a statute designed for people who call in fake bomb threats or fabricate emergencies. Trinidad’s police chief and local officials decided it also applies to a woman who ran a community Facebook page and relayed what neighbors told her about getting sick.

Combs’ post, published on her “Southern Belle Watch” account, read in part: “We have received reports that some citizens have been hospitalized due to bacteria in the water. This is a serious public health concern that deserves immediate attention. If your water looks discolored, contains sediment, has a strong odor, or you have experienced related health issues, please send us a message. We are gathering information and reporting findings to the state.”

That post got her a night in the Navarro County Justice Center. She has since filed a federal lawsuit alleging the arrest was “an act of deliberate political retaliation.”

We obtained a copy of the lawsuit for you here.

The water is brown. The city admits it.

Trinidad, a small city in Henderson County about an hour southeast of Dallas, has a water problem that nobody disputes.

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Tennessee man jailed for Charlie Kirk meme wins $835,000 settlement

Larry Bushart, a 61-year-old retired police officer, was arrested in September after sharing memes on Facebook about the assassination of conservative activist Charlie Kirk. Tennessee officials have now agreed to pay $835,000 to settle the lawsuit filed by Bushart against Perry County, its sheriff, and the investigator who obtained the arrest warrant.

Bushart’s case drew national attention because, while many people across the U.S. reportedly lost jobs over social media posts about Kirk’s death, his was a rare case where online speech led to criminal prosecution. Authorities later dropped the felony charge against him in October.

The post that prompted Bushart’s arrest featured President Donald Trump and the words “We have to get over it,” referencing a remark made in 2024 after a school shooting at Perry High School in Iowa. AP reported that the meme was posted with the caption: “This seems relevant today…”

Perry County Sheriff Nick Weems said last year that most of Bushart’s posts were lawful free speech, but claimed residents were alarmed by the school shooting reference because there is also a Perry County High School in Tennessee. However, Weems also said he knew the meme referred to the Iowa school shooting.

“Investigators believe Bushart was fully aware of the fear his post would cause and intentionally sought to create hysteria within the community,” Weems said in a statement to The Tennessean last year.

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