Ruminations of the Easily Amused - 1/13/2017 Free Speech Lawsuit editionSomervell County Salon-Glen Rose, Rainbow, Nemo, Glass....Texas


Ruminations of the Easily Amused - 1/13/2017 Free Speech Lawsuit edition

10 February 2017 at 5:33:24 PM

Saw that the free speech lawsuit waged by Mohamed ("Clock Boy") has been dismissed by the Texas 162nd Judicial District pursuan to the anti-slapp law (TCPA). Here's the PDF of the motion to dismiss. 

Lawsuit against Greg Abbott re: FFRF's seculary nativity at the capitol to proceed to trial. 

Flag Burning Arrest turns into lawsuit against police

The complaint, filed Wednesday in the U.S. District Court for the Central District of Illinois, says three Urbana Police Department officers and one sergeant violated Mellot’s freedom of speech as well as his right to be free from unreasonable searches and seizures.

“At the time of the arrest, Defendants had no probable cause to believe Mr. Mellott had committed any crime,” the complaint states.

His lawyers from American Civil Liberties Union of Illinois now want the state’s flag desecration statute, 720 ILCS 5/49-1, declared “unconstitutional on its face and as applies to Mr. Mellot.” They also demanded damages and court fees.

The Constitution is on Mellot’s side at least when it comes to the First Amendment claim. 1989’s Supreme Court case Texas v. Johnson establishes that flag burning is protected speech. That’s exactly why Champaign County State’s Attorney Julia Rietz announced that he wouldn’t get charged under the state law—which was enacted in 1907, but never repealed.

Although I'm not a fan of evangelism, glad to see this lawsuit against universities trying to confine free speech to *zones*. 

Uzuegbunam distributed fliers sharing his Christian faith and spoke with other students one day last summer near the library on the Lawrenceville campus, which has about 11,000 students. He said a school official told him he couldn’t continue what he was doing in that area. School policy required Uzuegbunam to ask for permission to speak three days in advance and limited him to only two areas on campus his attorneys described as “tiny.”

Georgia Gwinnett College has two “free speech expression areas.” One is located between the student housing and the student center. The other is near the food court. The areas are available a total of 18 hours a week.

The student said campus police told him on another occasion he couldn’t speak in one permitted zone because

officials received complaints about his remarks.

Speaking of free speech zones, which I have long been against

 Lawsuit against Charlottesville City council alleging violation of free speech rights. What's interesting here is that the city had a censorious public comment rule. 

The city's rules at the time did not allow speakers to make comments that were considered defamatory or attacking a particular group.

Draego sued, and a judge agreed that the city could not limit speech based on "group defamation."

The city has since agreed to remove the rule, and Draego resolved the remaining issues with the city during a private conference.

Alaskan Kenai Borough invocation lawsuit moves to federal court.

The lawsuit, filed Dec. 14 in Anchorage Superior Court by the ACLU of Alaska, claims the Kenai Peninsula Borough Assembly’s invocation policy is discriminatory.

Borough attorney Kevin Clarkson filed a motion Jan. 9 to move the case from the state court to the U.S. District Court.

Under current Borough Assembly policy, only individuals or religious associations on a pre-approved list are allowed to give the invocation.

The ACLU claims this policy violates constitutional rights to free speech and equal protection under the law.

Here's more on that, including the PDFs 

Techdirt being SLAPPED-EFF joins.



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