Nashville gets copyright wrong, 'So to Speak' tackles political violence, and RIP Bob Newhart
Bringing you the latest free speech news (7/21/2024)
Story of the week
My FIRE colleague and frequent ERI collaborator
has written a follow-up to his June 25 ERI post about the argument over releasing the manifesto of Aidan Hale, who perpetrated a mass shooting at an elementary school in Nashville, Tennessee.While the absurd implications of the Hale ruling are fun to explore, the practical implications are not. A court limited the public’s access to information about a mass murder in the name of the intellectual property rights of a group that openly stated it never intends to publish that information. It is not a radical proposition to say that the public’s right to know should not yield to economic interests here, and it is disappointing that a court of equity — remember, a Chancery court is meant to “modify the application of strict legal rules and adapt relief to the circumstances of individual cases” — did not reach that conclusion on its own. Presumably, a higher court will correct course following an appeal.
This week in ERI
Equating words and violence is a rhetorical escalation designed to protect an all-too-human preference which Nat Hentoff, a dearly departed friend and a great defender of freedom of speech in the 20th century, used to call “Free speech for me, but not for thee.”
Under this logic, my speech — even if sharp, brutal, and filled with invective — is still simply speech. Indeed, it might be commendable, righteous rage. But their speech, even if it’s similarly sharp and brutal, is violence — and I am therefore allowed to respond with violence. It is the kind of bad idea that can only be generated in an environment of low viewpoint diversity and highly moralistic ideological rigidity, which of course we see in too many corners of campus today.
This week in FIRE’s blog
Today, the Foundation for Individual Rights and Expression demanded the sergeants-at-arms allow Coloradans to silently and respectfully express their opinions with pins and apparel in the state Capitol — or face a First Amendment lawsuit.
The naked truth: University of Wisconsin’s push to fire professor over porn hobby is bad for all faculty by Graham Piro
Well-settled law holds that government bureaucrats don’t get to decide how we talk about politics, who we choose as friends, and whether or how we worship — because they can’t do it in a principled way. Limits on the state’s ability to punish one’s personal sexual expression are no different.
“Police were also seen to be seizing coconuts.” If you did a double-take while reading that sentence, you’re not alone. Yet U.K. police did indeed seize coconuts and placards from protesters outside a courthouse where Buckinghamshire resident Marieha Hussain appeared late last month in response to a “racially aggravated public order offence” charge.
Never before has Congress taken the extraordinary step of effectively banning a communications platform, let alone one used by half the country. But this spring, Congress did exactly that when it passed the Protecting Americans from Foreign Adversary Controlled Applications Act. The law not only threatens TikTok’s U.S. operation but also exposes other online platforms to burdensome restrictions, including potential bans, if they have even tenuous connections to certain foreign countries.
This week on ‘So to Speak’
Political violence and speech: Did overheated political rhetoric lead to the assassination attempt on former President Donald Trump? On this week’s
, host and FIRE Executive Vice President explores political violence: its history, its causes, and its relationship with free speech with panelists , , and Flemming Rose.
International free speech story of the week
After she refused to withdraw from the HKJA's election last month, she said, her supervisor told her that Wall Street Journal's workers should not be seen as advocating for press freedom in "a place like Hong Kong" because such advocacy would create a conflict as the outlet reports on incidents about press freedom in the city.
London Calling: Ronnie’s First Amendment Rundown
Nice start to the week with the First Circuit reinstating claims against school officials who threatened legal action under inapplicable laws against a parent who went to the superintendent’s office during normal, open business hours and — visibly, camera out for all to see — filmed conversations with staff about lingering COVID-19 rules (after the state had lifted theirs), then posted them online.
The court held the right to post such material, even with questions about provenance (and here, there really ought not be any), is clearly established by Supreme Court decisions such as the Pentagon Papers case and Bartnicki v. Vopper, as is the right to be free from retaliation for engaging in protected speech. So, the school-official defendants could not claim qualified immunity for threatening Berge with liability under the state wiretap law, which in any event bars only secret recordings. The court thus reversed the dismissal of the retaliation claim against them, in a refreshingly breezily written decision. Not unlike what FIRE urged.
Tribute of the month
Well folks, the legendary Bob Newhart has unfortunately shuffled off this mortal coil — and the world just got a little bit less funny.
I grew up watching “Newhart” and definitely thought it was quite witty and creative. But it was looking back at his earlier work that I really started to understand Newhart as a comic genius, who leaned into awkward moments, politeness, and the comedy that can result.
He was truly a giant, whose unassuming nature only made him all the more endearing. Here’s a great tribute to the man from Entertainment Tonight (I personally find the show a little corny, but there are some great moments here):
"Hi, Bob." Best drinking game ever! RIP Mr. Newhart.
i was in 6th grade when his first comedy album came out and memorized all the routines. I use to do them in homeroom before class started and could probably still do most of them today. "Nobody Will Ever Play Baseball" is one of the all time greats. I think I still have the record somewhere.