Florida courts tussling with constitutionality of new protest law

The 11th Circuit U.S. Court of Appeals is seeking the help of the Florida Supreme Court in deciding when protests turn into rioting under the Combating Public Disorder Act. The appeals court wants some clarification before deciding if the law violates the First Amendment. (Miami New Times, January 11, 2023, by Naomi Feinstein) Backed by Florida Governor Ron DeSantis, the law stimulated that a person is guilty of rioting if one “willfully participates in a

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Michigan electors suing imposters

Three Michigan Electoral College voters sued electors pretending to be official. The true electors maintained in the suit that they were caused stress and anguish “by having their legitimacy questioned and “their integrity falsely and publicly denigrated.” (MLive, January 13, 2023, by Ben Orner) The lawsuit further alleged that the defendants violated Michigan law attempting obstruction of electors in exercising their duties and committed election law forgery. The electors seek $25,000 in damages. (Michigan Advance,

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Supreme Court to take up ‘true threat’ case

The Supreme Court will take up the case of Billy Counterman who claims that his internet messages to a woman were not intended to be genuine threats and thereby protected by the First Amendment. Intend is key, but some lower courts ruled that prosecutors only have to establish that a “reasonable person” would consider the messages as threats. (NBC News, January 13, 2023, by Lawrence Hurley) Counterman is seeking to vacate his conviction of stalking

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Prior restraint on Pennsylvania reporter abandoned

Pennsylvania’s Exeter Township halted proceedings against reporter Jerry Geleff a month after a county court granted them an order blocking the reporter from writing about an investigation into allegations of sexual harassment against a town official. The RCFP intervened to challenge the court order. (Reporters Committee for Freedom of the Press, January 12, 2023) For related FAC coverage, click here, here and here.

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C-SPAN wants live coverage of House

After covering the 14 votes to elect House Speaker Kevin McCarthy, C-SPAN sent a letter to new McCarthy to ask if C-Span could cover all House floor proceedings for all credited news outlets. Usually, footage of the proceedings are government-produced unless there are special events such as the election of the speaker. (CNN, January 10, 2023, by Oliver Darcy) The Washington Post editorial board, January 13, 2023, argues that the usual government coverage is dull

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