Tag: 1st amendment

Louisiana’s new law requiring age verification on adult websites is driving uptake of digital ID

Downloads of Louisiana’s state digital ID app have substantially increased because of a new Republican law requiring adult websites to verify the age of visitors with ID.

Since Dec. 31, the day before the law took effect, downloads of LA Wallet increased from a daily average of between 1,200 and 1,500 to over 5,000.

The increase in downloads and site visits coincided with the Jan. 1 implementation of the state law requiring adult websites to verify the age of visitors or be held responsible for distributing harmful content to children.

The law was sponsored by Republican state Rep. Laurie Schlegel, who said that she saw the harm caused by pornographic content while working as a couples therapist and decided that websites should start requiring users to show ID.

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MIT Goes Against the Grain, Releases a Stunning Statement Endorsing Free Speech

Surprise — the Massachusetts Institute of Technology endorses students’ liberty to engage in offensive speech…officially.

In contrast to castigations of “hate speech” and the increasingly common notion that “hate speech isn’t free speech,” MIT is siding with the Constitution.

On December 21st, the Cambridge private land-grant research university released a Free Expression Statement.

From the document:

Free expression is a necessary, though not sufficient, condition of a diverse and inclusive community. We cannot have a truly free community of expression if some perspectives can be heard and others cannot. Learning from a diversity of viewpoints, and from the deliberation, debate, and dissent that accompany them, are essential ingredients of academic excellence.

Free expression promotes creativity by affirming the ability to exchange ideas without constraints. It not only facilitates individual autonomy and self-fulfillment, it provides for participation in collective decision-making and is essential to the search for truth and justice. … Academic freedom promotes scholarly rigor and the testing of ideas by protecting research, publication, and teaching from interference.

That principle means on-campus guests can’t be relegated to a single perspective:

A commitment to free expression includes hearing and hosting speakers, including those whose views or opinions may not be shared by many members of the MIT community and may be harmful to some. This commitment includes the freedom to criticize and peacefully protest speakers to whom one may object, but it does not extend to suppressing or restricting such speakers from expressing their views. Debate and deliberation of controversial ideas are hallmarks of the Institute’s educational and research missions and are essential to the pursuit of truth, knowledge, equity, and justice.

The school makes clear things such as “direct threats, harassment, plagiarism, or other speech that falls outside the boundaries of the First Amendment” won’t be protected. Furthermore, it expects “a collegial and respectful learning and working environment.”

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You Now Need a Government ID to Access Pornhub in Louisiana

A new law makes porn sites liable for content deemed “harmful to minors” if it doesn’t install age verification technology for anyone accessing them in Louisiana—and it’s already affecting how people in the state access Pornhub. 

The law, which was signed by Louisiana’s Democratic governor John Bel Edwards in June, became effective on January 1, 2023. 

The law, passed as Act 440, states: 

“Any commercial entity that knowingly and intentionally publishes or distributes material harmful to minors on the internet from a website that contains a substantial portion of such material shall be held liable if the entity fails to perform reasonable age verification methods to verify the age of individuals attempting to access the material.”

A “substantial portion” is 33.3 percent or more material on a site that’s “harmful to minors.” 

Material that’s harmful to minors, according to the act, is defined as appealing to prurient interests, and that consists of “pubic hair, anus, vulva, genitals, or nipple of the female breast; Touching, caressing, or fondling of nipples, breasts, buttocks, anuses, or genitals; Sexual intercourse, masturbation, sodomy, bestiality, oral copulation; flagellation, excretory functions, exhibitions, or any other sexual act,” and lacks “serious literary, artistic, political, or scientific value” for someone under 18 years of age. 

It also states that any commercial entity in violation will be liable “to an individual for damages resulting from a minor’s accessing the material.” 

Motherboard confirmed, through a virtual private network, that Pornhub is showing people visiting the site from a Louisiana-based IP address a page that requires identity verification before entering. “Louisiana law now requires us to put in place a process for verifying the age of users who connect to our site from Louisiana,” the page says.

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Twitter Files Reveal Politicians, Officials Evading the Constitution’s Restrictions

In recent years, social media firms, financial institutions, and hosting platforms have denied services to disfavored customers, sometimes for political reasons. The response from many quarters (myself included) has been that people have free association rights and can generally do business as they please.

But what if these outfits are private-ish, enacting policy on behalf of politicians to spare them pushback or allow for end-runs around constitutional protections? They do so out of ideological agreement, fear of government retaliation, or a mix of both. That messy scenario is what the Twitter Files reveal of the relationship between the social media giant and federal officials. It’s a glimpse of a bigger problem.

“The United States government pressured Twitter to elevate certain content and suppress other content about COVID-19 and the pandemic,” wrote David Zweig of The Free Press, who joined Matt Taibbi, Michael Shellenberger, and Free Press founder Bari Weiss in revealing Twitter’s collaboration with the state at the request of new owner Elon Musk. “Internal emails that I viewed at Twitter showed that both the Trump and Biden administrations directly pressed Twitter executives to moderate the platform’s content according to their wishes.”

The FBI and the Department of Homeland Security also leaned on the platform to suppress what officials considered election-related “misinformation.” The files revealed internal disputes over what crossed the line, with decisions based on judgment calls. The employment of former feds and what The Dispatch‘s David French terms “an ideological monoculture” ensured that such decisions generally deferred to authority, especially after the Biden administration took office.

But Twitter isn’t a special case. In 2021, President Joe Biden accused Facebook of “killing people” by allowing discussion of government-disfavored ideas about COVID-19 response. “White House Press Secretary Jen Psaki singled out a dozen specific anti-vaccine Facebook accounts and called on the platform to ban them,” Reason‘s Robby Soave noted at the time.

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Dem Senator Claims “Hate” is Not Protected by First Amendment, Later Admits He’s Wrong

Democratic Senator Ben Cardin suggested that “hate” is “not protected under the First Amendment” during a hearing, but later had to clarify that he was wrong.

The Maryland lawmaker made the comments while speaking with US Special Envoy to Monitor and Combat Anti-Semitism Deborah Lipstadt and American Jewish Committee Director of International Jewish Affairs Rabbi Andrew Baker.

“If you espouse hate, if you espouse violence, you’re not protected under the First Amendment,” Cardin falsely claimed.

“I think we can be more aggressive in the way that we handle that type of use of the internet,” he added, suggesting such content should be censored by Big Tech and the state.

It goes without saying that the term “hate” is completely arbitrary and has been weaponized by the left to chill scrutiny of everything from children being exposed to drag queens to legitimate criticism of public figures.

That’s why “hate” and even “hate speech” is protected by the First Amendment.

Cardin was subsequently forced to correct himself on Twitter, writing, “Hate speech is protected under the #FirstAmendment, unless it incites violence.”

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The Porn Industry Is Worried That a Republican Senator Wants to Ban Porn

Some members of the adult industry are worried that a prorposed federal bill that’s going after content that aims to “arouse, titillate, or gratify” sexual desires has the potential to outlaw porn nationwide.

This week, Republican Sen. Mike Lee, from Utah, introduced the Interstate Obscenity Definition Act (IODA), which seeks to “establish a national definition of obscenity that would apply to obscene content that is transmitted via interstate or foreign communications,” according to a statement from Lee’s office. 

Technically, a federal standard that defines obscenity already exists. Under the decades-old Miller Test, content is obscene if it hits certain conditions, including that the content in question depicts sexual conduct “in a patently offensive way.” At the moment, producing and distributing sexual content is legal in the U.S. 

The Free Speech Coalition, a trade association for workers in the adult industry, and its members are watching Lee’s bill closely because they believe it represents yet another attempt by conservatives to censor speech and expression about sex. 

Lee “introduced a bill that would remove porn’s First Amendment protections and effectively prohibit distribution of adult material in the US,” Free Speech Coalition (FSC) tweeted. “FSC is monitoring the bill, and will continue to do so in the new Congress.”

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Phoenix Allows NFL to Determine What Residents Can Display on Their Property During Super Bowl

The Arizona-based Goldwater Institute (GI) has called out the city of Phoenix for imposing free speech restrictions on residents in a “Special Promotional and Civic Event Area” (Clean Zone) leading up to and through the 2023 Super Bowl.

“By delegating unfettered censorship power to private entities, the city of Phoenix has launched a blatant attack on its own citizens’ free speech rights under both the U.S. Constitution and the Arizona Constitution. It’s simple: Phoenicians shouldn’t need to ask the NFL for permission to communicate with the public on their own private property,” said GI Staff Attorney John Thorpe in a statement emailed to The Arizona Sun Times.

The Sun Times reached out to the city of Phoenix for additional comments but did not hear back.

Thorpe sent a letter Tuesday to the city regarding this issue. He explained that under Resolution 22073, passed by the city, all temporary signage in the Clean Zone “not authorized by the NFL or the Arizona Super Bowl Host Committee” (ASBHC) are restricted. According to Thorpe, these restrictions cover nearly all of downtown Phoenix and will be in effect until February 19th, 2023.

The city of Phoenix states that the final day to get any temporary sign applications approved is December 15th.

This ordinance has allegedly caused trouble for one Phoenician business and property owner, Bramley Paulin. The GI represents Paulin in this situation and shared that he reached out to potential partners about leasing and advertising but was rejected because of the city’s restrictions.

Aside from the aforementioned free speech violations, Thorpe argued that the city is also improperly delegating its government power. As established in Industrial Commission v C D Pipeline, the government “may not delegate its authority to private persons over whom [it] has no supervision or control.” Therefore, the city violates this by giving private entities, the NFL and ASBHC, regulation over private citizens’ free speech. Additionally, the city’s ordinance may violate the Equal Privileges and Immunities Clause and the Gift Clause.

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In Alaska, The First Amendment Is On Trial As The Left Tries To Punish Speech

The case of Alaska State Rep. David Eastman is bizarre and unprecedented, but it isn’t complicated. Put simply, left-wing activists are trying to trample the First Amendment and disenfranchise voters in Eastman’s district by asking a judge to rule him ineligible to hold office in the state.

Why? Because Eastman, 41, is a conservative. So are his constituents in Wasilla who recently elected him to a fourth term. If freedom of speech and association mean anything, Eastman should win his case easily. But the fact that he has to fight in court for the right to represent the people who elected him, and to clear his good name, is a testament to the relentless efforts of the left to criminalize the views of their political opponents and slander them as insurrectionists.

The details of Eastman’s ordeal almost defy belief. This week, a trial began in Anchorage to determine whether the Alaska lawmaker’s association with the Oath Keepers disqualifies him from holding office on the grounds that his alleged membership in the organization runs afoul of the Alaska constitution’s loyalty oath, which bars individuals from holding office if they belong to a group that “advocates the overthrow by force or violence of the United States or of a State,” or if they themselves advocate the same. A second part of the suit demands that the Alaska Division of Elections conduct assessments of every candidate’s loyalty to the Constitution so that voters will only be able to vote for candidates whose views have been officially approved by the state’s election bureaucracy.

Setting aside the outrageousness of allowing a state agency to vet the opinions of political candidates before their names can appear on the ballot, consider the gravity of what’s at stake in Eastman’s case: guilt by association. By his own admission, Eastman’s connection to Oath Keepers, a loosely organized group with some 38,000 members, is a “slight one.” He made a donation to the organization more than a dozen years ago and received a “lifetime membership” but says he has never attended a meeting.

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Newly-Passed ‘Respect for Marriage’ Act May Threaten Religious Liberty: Experts

The “Respect for Marriage” Act, after passing through the U.S. House of Representatives, is just a signature away from reaffirming the Supreme Court’s 2015 ruling that legalized gay marriage.

President Joe Biden is expected to sign the Act, which would codify the Supreme Court’s 2015 ruling that requires states to license gay marriage. If it the legislation is signed into law, it would repeal the “Defense of Marriage” Act, which banned the federal recognition of same-sex marriage.

That’s reason to celebrate for LGBT-identifying people concerned that their ability to marry needs safeguards.

However, some experts say the new federal law creates concerns for others, as it could take encroach on the freedoms of any who refuse to participate in same-sex marriages by making them vulnerable to lawsuits.

Two Republican representatives noted those concerns before the Dec. 8 vote. The bill was sent back to their chamber of Congress after the U.S. Senate changed its wording.

The new version included amendments regarding religious liberty and a section describing the importance of marriage and perspectives on it. The bill also protects interracial marriage.

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College students turn more liberal, OK speech death penalty

Calls for diversity on campuses and in Main Street businesses and banning hate speech, even that protected by the First Amendment , are no longer issues to fight over for college students.

Now, it’s a reason for the electric chair .

In a remarkable shift showing how students, many lining up for President Joe Biden’s loan forgiveness plan, have turned left since the 2020 election, a new Yale survey suggests that America’s best and brightest are giving up on key constitutional freedoms and even embracing socialism.

In the William F. Buckley, Jr. Program at Yale University national student survey, conducted by McLaughlin & Associates and provided to Secrets, big majorities want companies to require employees to declare support for workplace diversity just to get a job.

And when it comes to speech, nearly half believe the death penalty is OK to shoot down hate speech.

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