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You can blame Gilbert Gottfried, or you can blame Fark, but either way a website was born that pissed Glenn Beck off enough that he sicced his lawyers on Isaac Eiland-Hall. The First Amendment protects Eiland-Hall, so Beck's lawyers are trying an end run on the Constitution by petitioning the ICANN to give rights to the website glennbeckrapedandmurderedayounggirlin1990.com to Beck. Eiland-Hall's lawyer Marc J. Randazza responds in a well-written and hilarious brief. (via) (previously) [more inside]
posted by cjorgensen on Oct 8, 2009 - 102 comments

Suing for libel, UK newspaper proprietor Richard Desmond made a point of denying that he exerts any influence over stories appearing in his papers. He lost his case today, but reading his paper's website, you'd be forgiven for thinking he'd actually won it! [more inside]
posted by salo on Jul 23, 2009 - 44 comments

Who asked for Ireland's blasphemy law? Ireland's sweeping new defamation law, passed in the Dáil on the 9th, "introduces a new crime of blasphemous libel." The creators of Father Ted want some clarification. And at their recent AGM, "...Atheist Ireland members voted to test the new law by publishing a blasphemous statement, deliberately designed to cause offence. The statement will be finalised in the coming days." Across the sea, comedian and co-author of Jerry Springer, the Opera Stewart Lee asks: "What's Wrong With Blasphemy?" [40 minute documentary] [more inside]
posted by milquetoast on Jul 13, 2009 - 68 comments

"How do black women fight crime? They have abortions." "How do you stop a poofter from drowning? You take your foot off his head." These and other 'jokes' featured in an advertisement on The Gruen Transfer, an Australian television program focusing on advertising. The ad, part of a segment called 'The Pitch' which usually produces humorous ads, was banned by the ABC, but the national broadcaster has still allowed it to be viewed online, and hundreds have now seen it. The ad was designed to sell "fat pride", with creator Adam Hunt explaining his motivation behind the ad being to say "if you discriminate against somebody on the basis of their shape then you are no different to someone who is racist, homophobic or anti-Semitic." Debate has raged online if the ad is offensive and discriminatory, as the ABC has declared, and whether or not it was effective. Watch the ad and judge for yourself.
posted by Effigy2000 on May 15, 2009 - 157 comments

In what has been described as "a major blow to online free speech in Canada", an Ontario court has ordered the owners of FreeDominion.ca to disclose all personal information on eight anonymous posters to the chat site - including email and IP addresses. [more inside]
posted by Joe Beese on Mar 25, 2009 - 34 comments

Burton Snowboards' new Love (NSFW?) and Primo (NSFW?) snowboard lines are causing quite a stir across the country. Even the Burlington, VT, City Council wants to get involved. Here's what the Burton cofounders have to say about the whole thing. [more inside]
posted by papayaninja on Nov 27, 2008 - 43 comments

The previously-mentioned Summums want to place their own monument in a park which contains the Ten Commandments, making the Supreme Court's heads explode in a a hilariously weird oral argument[pdf]: "Scalia: I don't know what that means. You keep saying it, and I don't know what it means. [...] Breyer: Suppose that there certain messages that private people had like "eat vitamins"—and then somebody comes along with a totally different content, "ride the roller coaster," and they say this part of the park is designed to get healthy children, not put children at risk." [more inside]
posted by Non Prosequitur on Nov 13, 2008 - 116 comments

The U.S. Constitution protects your right to bear arms. And it supposedly protects your right to mock nearly-bare bears. Speech is definitely subject to supply and demand. So why does the FCC feel the need to regulate swearing on the airwaves? Steven Pinker complains. [via ALDaily]
posted by Inspector.Gadget on Oct 21, 2008 - 82 comments

Sabrina Guzzanti, an Italian comedienne who said that Pope Benedict XVI would go to Hell and be tormented by homosexual demons is facing a prison term of up to five years, according to the provisions of the Lateran treaty. [more inside]
posted by ersatz on Sep 13, 2008 - 21 comments

The Alliance Defense Fund is organizing Pulpit Freedom Sunday, urging Pastors to explicitly endorse Presidential candidates in violation of IRS rules governing the non-profit status of religious organizations.
posted by god hates math on Sep 9, 2008 - 37 comments

It seems that previous MeFi post heralding The Year of Net Neutrality may have been frighteningly accurate. Between the recent CRTC and the FCC filings on Bell's illegal throttling practices in Canada, and FCC ruling against Comcast to "Stop Blocking Internet Traffic" in the USA, it seems the issue is finally sparking action, and we may be seeing much more to come. For those interested, there is an open-source documentary called Human Lobotomy which discusses the way this issue weighs on freedom of press and freedom of speech, and also an activist blog, Save the Internet which promises to stay abreast of the issue.
posted by tybeet on Aug 8, 2008 - 5 comments

The Exile is back. Iconoclastic Moscow-based web-rag The Exile, having recently been shut down by the Russian authorities for its often less-than-complimentary views on all things to do with the motherland, is back, having relocated to Panama. A victory for the spirit of Gonzo.
posted by muggsy1079 on Jul 15, 2008 - 18 comments

Out of Step With Allies, U.S. Defends Freedom to Offend NYT article [more inside]
posted by lalochezia on Jun 11, 2008 - 140 comments

A 15-year-old in London is being prosecuted for holding a sign calling Scientology a "cult", during a peaceful demonstration (0:55-1:40). The teenager refused to back down, quoting a 1984 high court ruling from Mr Justice Latey, in which he described the Church of Scientology as a "cult" ... The City of London police came under fire two years ago when it emerged that more than 20 officers, ranging from constable to chief superintendent, had accepted gifts worth thousands of pounds from the Church of Scientology. The City of London Chief Superintendent, Kevin Hurley, praised Scientology for "raising the spiritual wealth of society" during the opening of its headquarters in 2006. Last year a video praising Scientology emerged featuring Ken Stewart, another of the City of London's chief superintendents via
posted by East Manitoba Regional Junior Kabaddi Champion '94 on May 21, 2008 - 128 comments

Guillermo Habacuc Vargas, Bienarte, Maltratador de Animales. Costa Rican artist Guillermo Habacuc Vargas' exhibit El Perrito Vive has drawn a number of criticisms from concerned animal rights activists after he allegedly starved and deprived a dog named Natividad as an installation piece. [more inside]
posted by scabrous on Apr 15, 2008 - 27 comments

Texan judge rules $5 "pole tax" violates First Amendment rights. Further, Judge Scott Jenkins found no evidence to justify the purpose of HB 1751 (PDF), finding the anecdotal link of the patronage of strip clubs with a lack of health insurance and increased sexual assault rates for dancers insufficient, and ordered the state to pay the plaintiffs' legal fees. Activists are already looking to appeal Jenkins' ruling and reenact the tax. (Previously on Metafilter.)
posted by Blazecock Pileon on Apr 3, 2008 - 9 comments

Blowhard vs. Bureaucrat? A Defense of Free Speech. During the controversy over the Danish cartoons of Mohammed (original Mefi thread), one of the few Canadian outlets to republish the offending images was the now-mostly-defunct Western Standard magazine run by controversial right-wing pundit and lawyer Ezra Levant. Now, Levant is facing a human rights complaint before the Alberta Human Rights Commission, and has posted his initial interview with the Commission online. Levant is frequently vitriolic, and his interlocutor mostly bored, but the issues raised are important ones. Levant's summary of the situation is here, and his opening statement to the Commission is here.
posted by Urban Hermit on Jan 15, 2008 - 55 comments

If European and North American societies are morally responsible (print-friendly) for safeguarding free speech, should we also take financial responsibility for its proponents' safety (pf)? Hitchens seems to think so.

Today's moral dilemma is brought to you, of course, by the West's favourite Voltairian nightmare: prominent Islam critic, former Dutch MP, and scholar at the American Enterprise Institute, Ayaan Hirsi Ali.
posted by goodnewsfortheinsane on Oct 9, 2007 - 17 comments

Asheville likes to play: Pin the Bush on the Flag and Pass the Impeach Cheney (and Bush).
posted by paulinsanjuan on Aug 21, 2007 - 37 comments

My Disillusionment In Russia. Deported American anarchist Emma Goldman's narrative of her time in 1920s Russia. Omitted chapters were published as My Further Disillusionment With Russia. Emma was not only an anarchist, she was also an advocate for free speech, women's equality, sexual freedom, birth control and more. For more of her writings, see Anarchism: What It Really Stands For, Patriotism: A Menace To Liberty, and Minorities Versus Majorities. [Previously 1, 2]
posted by amyms on Aug 21, 2007 - 53 comments

The Ayn Rand Institute held their yearly confab in Telluride, CO, near the purported location of the fiction Gault's Gulch of Atlas Shrugged, celebrating the 50th anniversary of one of the most turgid novels of all time. Part of the program included a panel of academics discussing their experiences "as objectivists." The Chronicle of Higher Education reports on the state of objectivism in academe. Rand Grants are up, tenure is tendentious, and a for-profit Founders Institute appears to be foundering. (more inside)
posted by beelzbubba on Jul 14, 2007 - 111 comments

A very big day for the Supreme Court. In Morse v. Fredrick, the Court ruled that a school could suspend a child for holding up a "Bong HiTs for Jesus" banner. (Previous post here). In Hein v. Freedom from Religion, the Court held that taxpayers lacked standing to challenged Faith Based Initiatives (previous discussions). In Wilke v. Robbins, the Court held that land owners do not have Bivens claims if the federal government harasses landowners for easements. In FEC v. Wisconsin Right to Life, the Court held that the portion of the campaign finance law which had blackout periods before elections on issue advocacy advertising was an unconstitutional restriction of speech (other). This Thursday, the Justices will deliver their last opinions of the term, including a death penalty case and the school assignment cases. (Opinions are .pdfs)
posted by dios on Jun 25, 2007 - 224 comments

The Green Scare: Rod Coronado gave a talk in San Diego and the feds called his words ‘terrorism.’ How new laws are equating environmentalists with Al Qaeda. [Via Gristmill.]
posted by homunculus on May 14, 2007 - 39 comments

"Three years of legal education has been wasted because of an unmoderated message board." 3rd-year law student Anthony Ciolli has lost a job offer due to his association with law school message board AutoAdmit.
posted by lalex on May 9, 2007 - 257 comments

"The president's right to control his own message includes the right to exclude people expressing discordant viewpoints from the audience". (NYT, reg req). More. Lots more
posted by unSane on Apr 16, 2007 - 87 comments

A Nashville-area blogger wrote about her experience at an employment agency called JL Kirk & Associates, formerly Bernard Haldane. An associate at the employment agency responded to the blog post. The blogger reposted the employment agent's comment as its own post, also including a rebuttal. Yesterday the blogger received a certified letter from an attorney representing the agency (text of letter) stating that the blogger must remove the posts by 4/13 or risk a lawsuit for "tortuous interference" (sic). They also threatened to "contact (her) Internet Service Provider, Comcast, to have (her) internet access shut down." The story of JL Kirk & Associates and their threats of a lawsuit against a blogger has now been picked up by Fark and Instapundit. This is undoubtedly not the outcome JL Kirk & Associates was hoping for.
posted by brittney on Apr 12, 2007 - 44 comments

Whu? Bill O'Reilly does a respectably good interview with... Marilyn Manson! This is surprising on so many levels. And the content, superb. Well worth the viewing. [video link] via Cyberdork via Reddit
posted by five fresh fish on Feb 28, 2007 - 63 comments

VBlogger and journalist jailed for refusing to give up footage of protest
Josh Wolf is a video blogger and freelance journalist who was jailed by a U.S. district court on August 1, 2006 for refusing to turn over a collection of videos he recorded during a July 2005 anarchist protest in San Francisco, California. During that event, anarchists allegedly set a police cruiser on fire. [more inside]
posted by stenseng on Oct 1, 2006 - 58 comments

From the guy who brought you the Whitewater scandal and the impeachment of President Clinton for lying about oval antics in the Oral Office, a legal push to make the Supreme Court just say no to "Bong Hits 4 Jesus." Ken Starr's petition to the Court [PDF] makes clear that Starr believes this is no laughing matter, but a chance for the Court to make a landmark ruling that will give school adminstrators the power to limit student speech: "This case presents the Court with a much-needed opportunity to resolve a sharp conflict among federal courts (and to eliminate confusion on the part of school boards, administrators, teachers, and students) over whether the First Amendment permits regulation of student speech when such speech is advocating or making light of illegal substances."
posted by digaman on Aug 28, 2006 - 131 comments

SCOTUS strikes down campaign finance restrictions [pdf]. The Supreme Court issued an opinion today in Randall v. Sorrell, striking down limits on campaign contributions and campaign spending imposed by the state of Vermont. The Court, in a fractured opinion (six separate opinions, including two dissents), concluded that restrictions on both contributions and expenditures ran afoul of the First Amendment. More from Amy Howe at SCOTUSblog. Expect more from Rick Hasen later today.
posted by monju_bosatsu on Jun 26, 2006 - 81 comments

Am I allowed to write that I would like to hunt down George W. Bush, the president of the United States, and kill him with my bare hands?

Maybe just impeachment then
posted by criticalbill on Jun 8, 2006 - 78 comments

The Ninth Circuit (maligned by many as a hotbed of extreme liberal judicial activism, but defended by others PDF) issued its opinion in the case of Harper v. Poway Unified School District last week. Judge Stephen Reinhardt - who, to some people, embodies the alleged evils of the Ninth Circuit - issued the majority opinion, and Judge Alex Kozinski filed a strong dissent. The majority opinion held that a high school principal who ordered a student to remove his T-shirt that said "Homosexuality is Shameful" did not violate the student's First Amendment rights, reasoning that "limitations on speech" are permissible in cases where speech is "derogatory and injurious remarks directed at students' minority status such as race religion and sexual orientation," and the limitation is "narrow, and applied with sensitivity and for reasons that are consistent with the fundamental First Amendment mandate." [more inside]
posted by Pontius Pilate on Apr 26, 2006 - 152 comments

"Turn it off man, I don't want no problems." Democracy Now attempts to interview Katrina evacuees at a FEMA trailer park. FEMA's private security guards claim that the residents don't have 'the privilege' of being able to speak freely on FEMA property without a FEMA 'minder' present.
posted by empath on Apr 25, 2006 - 64 comments

$1,000 CDN ($880.80 US) reward for exposing anonymous blogger: A Prince Edward Island business owner wants to punish a person by breaking their anonymity. According to the CBC, the targets are PEI Liberal Party (peiliberal.blogspot.com) and The Guardian (theguardianpeca.blogspot.com). More info: Don't Sue
posted by boost ventilator on Apr 23, 2006 - 13 comments

[Newsfilter] In mid-November last year, David Irving, arguably the world's foremost holocaust-denier (Mel Gibson's dad comes a close second), was arrested in Austria for doing exactly that (previously discussed here). Today he was jailed for it. Should we (read; Austria) be jailing people for their views, however reprehensible or otherwise incorrect they might be? Or is it justifiable in some cases?
posted by Effigy2000 on Feb 20, 2006 - 315 comments

Red State, Meet Police State --take a big anti-Bush bumper sticker, some DHS cops, and an outspoken and educated federal employee. Put them in Boise, Idaho. Mix well. "It's the First Amendment for a reason--not the last, not the middle. The first."
posted by amberglow on Feb 16, 2006 - 251 comments

Overgrow.com --one of the largest and most comprehensive sites written by and for cannabis growers about cannabis cultivation, complete with user forums and immense photo galleries--along with Heaven's Stairway Seeds (hempqc.com), Cannabisworld.com, and Eurohemp.com have all been shut down, their owners arrested in Canada, and the servers seized. The story hasn't yet made the Canadian news, but it raises many questions about free speech online.
posted by fandango_matt on Feb 5, 2006 - 45 comments

"Drove my Chevy to the levee..."? That's a lawsuit. "Pass the Courvoisier"? Yup. Lawsuit too. Artwork using Barbie Dolls? Lawsuit again... It's all part of the Trademark Dilution Revision Act, which would eliminate the non-commercial "fair use" protections of trademarks in art, literature, and speech-- To amend the Trademark Act of 1946 with respect to dilution by blurring or tarnishment. It goes to the Senate Judiciary Committee on the 16th, and there's a large roster of groups fighting it, including the American Library Association, EFF, and more, saying that consumers as well as artists would be preventing from exercising their free speech rights unless it's amended.
posted by amberglow on Feb 3, 2006 - 35 comments

Don't be evil. Online search engine leader Google Inc. has agreed to censor its results in China, adhering to the country's free-speech restrictions in return for better access in the Internet's fastest growing market. Google will roll out a new version of its search engine bearing China's Web suffix ".cn," on Wednesday.
posted by Steve_at_Linnwood on Jan 24, 2006 - 93 comments

Could Tom Cruise sue South Park for suggesting he is gay? A discussion of the legal implications of a recent South Park episode suggesting Cruise was "in the closet." (Link to the clip in question) (via)
posted by Ljubljana on Dec 8, 2005 - 87 comments

Free Speech TV! Veoh allows anyone to create and broadcast their own TV show or a Channel full of shows. Not small streaming videos, but FULL-Screen, TV-Quality video. Veoh does not transcode the content, but rather offers it in it’s native encoding, and does not limit the file sizes/length of video. Veoh’s goal is to become the platform for producers of all sizes (from individuals to studios and everyone in between) to have a democratized TV broadcasting system. Take the tour. (audio/flash)
posted by HyperBlue on Nov 30, 2005 - 14 comments

"The power of the Executive to cast a man into prison without formulating any charge known to the law, and particularly to deny him the judgement of his peers...is the foundation of totalitarianism" Perhaps Tony Blair and George W. Bush regard Winston Churchill as a bleeding heart lefty. But what Churchill's view represents is an old, very basic principle of Anglo-American warfare and justice: fight war with ferocity, but never lose your democratic soul.
posted by tommyc on Nov 29, 2005 - 83 comments

thepartyparty.com hosts a set of mindblowingly amazing mixes using the recorded speech of American political figures -- mostly President Bush, but others, like Hilary Clinton and Gov. Schwarzenegger, both make appearances. It's a brilliant exercise in free speech, using the words of the administration against them, especially in the middle and later parts of Who's The Nigga? (Streaming m3u and downloadable mp3.) And did I mention it rocks? Because it rocks- after it breaks your head completely. You must listen to this.
posted by blacklite on Oct 14, 2005 - 28 comments

Fisher College sophmore Cameron Walker apparently didn't like a campus cop and posted about it on a forum at Facebook, a college networking site. He talked about watching the cop closely and trying to set the cop up which is admittedly some dodgy stuff, but is it worthy of expulsion from the university for his off-site comments?
posted by mathowie on Oct 6, 2005 - 38 comments

Dershowitz and The Governator. Long time sparring partners Alan Dershowitz and Norman Finkelstein are at it again, arguing over the publication of the latter's new book. Only this time, Dershowitz tried to call in the big guns.
posted by greatgefilte on Jun 29, 2005 - 6 comments

Oriana Fallaci back in the soup. She's being sued in Italy for defaming Islam in her last book, The Rage and the Pride, and faces up to two years in prison. The suit was brought by President of the Italian Muslim Union, Sig. Adel Smith, a fellow who's activism even other Muslims sometimes profess to find a bit much.) And now, as if this makes things right, he's gone to jail for defaming Catholicism. Ms Fallaci's most recent book, The Force of Reason, as radioactive as her last, is due out in America later this year. The free speech in Europe thing is interesting, if crazy making, but does it distract us from the issues that dare not speak their names? Is she right, can East and West survive together? Or are we really best advised to go our separate ways?
posted by IndigoJones on Jun 24, 2005 - 15 comments

As we saw last spring, Toronto's York University has limited the student's right to protest, here noted by Excalibur, York's largest student newspaper. The Toronto Star's article on last Thursday's peaceful anti-Bush protest complete with police intervention (video here, try this if that doesn't work) sparked a reaction by the York University Faculty Association. YUFA also remarked on the restriction of freedom of expression by York's administration. The administration has released two press releases so far, the first on the day of the protest, and the second to emphasize the students' responsibilities and limits. The protest has sparked plans of further protests and reports that the protest was misrepresented in the press. CUPE 3903 wrote an open letter to the administration criticizing their actions (PDF, p.11), and compared the situation to Berkeley's Free Speech Movement in the 60s.
posted by heatherann on Jan 25, 2005 - 22 comments

David Dreier doesn't like free speech. The California Congressman and the Republican Party have filed a felony federal complaint against one of their own, which could possibly lead to jail time, all for opposing the incumbent. Apparently, spending a million dollars wasn't enough. More coverage of Dreier here and here.
posted by calwatch on Oct 30, 2004 - 12 comments

Protecting our civil rights? We've seen the free speech zones, the kicking and hair-pulling, and the loyalty oaths/essays - but did you think that just mentioning the protection of civil rights would get you thrown out of a Bush speech?
posted by bashos_frog on Oct 17, 2004 - 33 comments

"There is a time when the operation of the machine becomes so odious, makes you so sick at heart, that you can't take part; and you've got to put your bodies upon the gears and upon the wheels, upon all the apparatus, and you've got to make it stop."
posted by xowie on Oct 6, 2004 - 5 comments

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