News & Opinion

Federal appeals court ruling supports commercial free speech

The D.C. Circuit Court of Appeals ruled that a Washington D.C. code requiring tour guides to pass a multiple-choice test on history and geography was a violation of free speech rights. The Court allowed that licensing rules that addressed fraud would be a more germane to the licensing of tour guides. (The Washington Post, June 27, 2014, by Rachel Weiner and Wesley Robinson) Michael McGough, Los Angeles Times, July 11, 2014, wrote that the ruling

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Amended 9th Circuit decision in Muslim video takedown case

The judges in the 2-1 9th Circuit Court of Appeals decision in the “Innocence of Muslims” video case amended their opinion. In Garcia v. Google the Court ruled in favor of  the plaintiff, Cindy Lee Garcia, who was upset that the filmmakers had edited her part in the film casting her in a pernicious role in the eyes of many in the Muslim community. She claimed copyright violation, but after the Copyright Office rejected her

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California Supreme Court takes up issue of government e-mails on personal smartphones

The California Supreme Court has agreed to consider whether government employees could withhold e-mails and text messages about government issues sent by personal smartphones. (San Jose Mercury News, June 27, 2014, by John Woolfolk) California cities claim it would be cumbersome  and expensive to keep track of messages on workers’ private electronic devices. Those for disclosure argue that there is plenty of precedent for releasing e-mail about government business no matter that it may be

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Obama administration denies spying on Muslim-Americans based on First Amendment activities

Documents from Edward Snowden show that Muslim- American activists and leaders were among those targeted by Nation Security Agency surveillance. Among those spied upon was Nihad Awad, the executive director of the Council on American-Islamic Relations (CAIR), a prominent Muslim rights organization. (The Intercept, July 9, 2014, by Glenn Greenwald and Murtaza Hussain) A number of civil rights organizations condemned the spying as reminiscent of spying on civil rights leaders in the 60s and 70s.

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New federal law protects intelligence agency whistleblowers

A new law authorizing intelligence spending includes protections for whistleblowers. The measure will enable intelligence agency employees to report problems within their agencies rather then through the media. (Jurist, July 8, 2014, by Taylor Gillan) Under the law, intelligence workers will enjoy important protections including the extension of free speech rights to those holding security clearances, rights to appeal, and monetary damages if an appeal board finds illegal whistleblower retaliation.  (Project on Government Oversight, June

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