donal brown

New York governor approves ban on sale of hate symbols

Aware that it may abridge free speech rights, New York Governor Andrew Cuomo signed a bill that bans the sale on state property of swastikas and Confederate flags promoting racism and generating violent acts against religious and ethnic groups. Cuomo admitted that the law needed changes to maintain free speech protections. (The Hill, December 16, 2020, by Kaelan Deese) But First Amendment lawyer Floyd Abrams was less sure that only a few tweaks were needed

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Appeals court hears free speech case on racial slur

The Fourth Circuit U.S. Court of Appeals heard arguments to decide if a former Air Force officer’s racial slur was “fighting words” so not protected by the First Amendment. The officer was convicted in district court. During the hearing a judge stated that the issue was “whether the n-word was specifically directed at an individual in circumstances where violence could result and is likely to do so.” The defense claimed the officer’s words were phrased

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U.S. Olympic body supports athlete protests

In a rebuff of the International Olympic Committee, the U.S. Olympic and Paralympic Committee (USOPC) announced they would not punish athletes who engage in peaceful demonstrations to support social and racial justice. “The USOPC’s decision recognized that Team USA athletes serve as a beacon of inspiration and unity globally, and their voices have and will be a force for good and progress in our society,” said Sarah Hirshland, CEO of the USOPC. (The Hill, December

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Journalists vie for ‘essential worker’ status for vaccine access

Journalists are among groups pressing for early access to the Covid-19 vaccine. The National Press Photographers Association said that their members did not have the option to stay away from large crowds and risked themselves daily to inform the public. (The Intercept, December 10, 2020, by Lee Fang) The California Newspaper Publishers Association made a request to the state advisory committee for early access for journalists. After health care workers, residents of care facilities and

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Judges oppose Congressional bill to create free court database

Prospects for passing a bill in Congress to create a free database to court records dimmed as the judicial branch weighed in with a number of objections. They said the bill would raise fees for court filings since it would cost $2 billion over five years to build and maintain such a database. They argue the courts can’t stand such a financial burden, and if Congress passes the bill, they should pay for its implementation.

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