Archives for category: Freedom of Speech

One of our readers called Threatened Out West told us that schools cannot force students to participate in patriotic exercises, based on a court case from the 1940s. He/she was right.

TOW wrote:

“I know that it’s not quite the same situation, but is this even legal?

“Legally, schools CANNOT force students to stand or pledge. See West Virginia v. Barnette: https://www.oyez.org/cases/1940-1955/319us624

“So would this be the same for the National Anthem?”

This item appeared in Politico.

“KNEELING UNDER FRIDAY NIGHT LIGHTS: As President Donald Trump has escalated a war with the NFL during the past week, student athletes may be tempted to also take a knee in protest on the football field tonight – and they have a constitutionally protected right to do so. Despite that, at least one school district has attempted to curb protests by threatening punishments ranging from extra running during practice to being kicked off the team, drawing the attention of the ACLU (and many people on Twitter and Facebook).

“- All high school principals in Bossier Parish in Louisiana are sending letters to student athletes and their families “making their expectations known as it pertains to proper decorum when the National Anthem is played at sporting events,” Sonja Bailes, a district spokeswoman, told Morning Education. Superintendent Scott Smith said in a statement: “In Bossier Parish, we believe when a student chooses to join and participate on a team, the players and coaches should stand when our National Anthem is played in a show of respect.” He added, “It is a choice for students to participate in extracurricular activities, not a right, and we at Bossier Schools feel strongly that our teams and organizations should stand in unity to honor our nation’s military and veterans.”

“- The directive was sent “in light of the national conversation currently taking place,” Smith said. Trump has been at war with the NFL, where players have chosen to kneel during the anthem – first to protest police brutality and racial injustice, and increasingly as a response to the president’s calls for them to be fired. Trump has said team owners should force players to stand for the anthem, and fire them if they don’t. We have the full story here.

“- The Supreme Court, however, has ruled that students “do not shed their constitutional rights at the schoolhouse gate” – and that extends to the football field, Frank LoMonte told Morning Education. LoMonte is the director of the University of Florida’s Brechner Center for Freedom of Information and the former director of the Student Press Law Center. School officials can only limit speech if it’s impeding the school’s ability to conduct business by causing a substantial disruption – something that would be very difficult to prove at a sporting event, he said.

“- “In a classroom, we expect everyone to stay silently in a seat, but in the stadium, there are people turning cartwheels and doing backflips on the sidelines, there are people waving banners and painting their faces, there are people getting up to buy hot dogs and talking on their cellphones,” LoMonte said. “In that atmosphere, it would be exceptionally challenging to say that a silent display of dissent is a substantial disruption.”

“- The principal of Parkway High School in Bossier Parish wrote in a letter that the school “requires student athletes to stand in a respectful manner” during the anthem, and that those who don’t comply could be kicked off the team. A picture of the letter was posted to Twitter by Shaun King of the Intercept and was retweeted thousands of times. Another district official told the Shreveport Times that potential punishments range from “extra running to a one-game suspension.” The school’s Facebook page was flooded with angry comments, as well.

“- The ACLU of Louisiana issued a statement calling the Bossier Parish school officials’ threats to punish students who protest “antithetical to our values as Americans and a threat to students’ constitutional rights.” Marjorie Esman, the executive director of the ACLU of Louisiana, told Morning Education in an interview that “the Supreme Court has been very clear that schools, government officials, cannot suppress a student’s right to protest – even on a team, even during a game. To refuse to salute the flag, say the pledge, all of those thing – they are protected by the United States Constitution.”

Question: do students in schools have rights that athletes in pre-game ceremonies do not have?

museum

Sound familiar?

Read it again.

Think about it.

Which side are you on?

Snopes says the poster was once available in the gift shop of the Holocaust Museum.

Snopes says:

The list was originally created by Laurence Britt in 2003, for an article published by Free Inquiry magazine (a publication for secular humanist commentary and analysis). While subsequent postings of the list often attribute it to “Dr. Laurence Britt,” the author said that he was not actually a doctor (nor did he claim to be). Britt himself said that he could be more accurately described as an amateur historian

It quotes this note about the poster:

Laurence W. Britt wrote about the common signs of fascism in April 2003, after researching seven fascists regimes. Those were Adolf Hitler’s Nazi Germany, Benito Mussolini’s Italy, Francisco Franco’s Spain, Antontio de Oliveira Salazar’s Portual, George Papadopoulos’s Greece, August Pinochet’s Chile, Mohamed Suharto’s Indonesia. These signs resonate with the political and economic direction of the United states under Bush/Cheney. Get involved in reversing this anti-democratic direction while you still can!

This is a sordid story with a happy ending. It tells how the deep-pocketed charter industry tried to silence and discredit a scholar who disagreed with them. The story appears in the Nonprofit Quarterly.

Professor Julia Sass Rubin is an associate professor at the Edward J. Bloustein School of Planning and Public Policy at Rutgers University. She has researched charter schools in New Jersey, and one of her studies concluded that charter schools in the state were not serving the same demographic as public schools. She is also an active leader in the Save Our Schools New Jersey organization.

The New Jersey Charter Schools Association did not like her research. They particularly did not like a study she published in October 2014, demonstrating that charter schools enrolled smaller numbers of students with disabilities, English language learners, and poor children as compared with the public schools in the same school district.

They might have challenged her to a debate. They didn’t. They might have published a response, challenging her facts. They didn’t.

Instead the New Jersey Charter Schools Association registered complaints against her with the New Jersey State Ethics Commission charging that she had violated the state’s Conflict of Interest Law and its Uniform Ethics Code. It also complained to Rutgers University that she had violated the Rutgers Code and Policies for faculty employees.

In other words, they sought to destroy her reputation and her career.

The state board of ethics made no ruling. The university reported that there was no evidence for the charges against Professor Rubin. She was vindicated but it took two years.

Professor Rubin was the intended victim of a SLAPP lawsuit. This is defined in Wikipedia as:

“A strategic lawsuit against public participation (SLAPP) is a lawsuit that is intended to censor, intimidate, and silence critics by burdening them with the cost of a legal defense until they abandon their criticism or opposition.[1] Such lawsuits have been made illegal in many jurisdictions on the grounds that they impede freedom of speech.

“The typical SLAPP plaintiff does not normally expect to win the lawsuit. The plaintiff’s goals are accomplished if the defendant succumbs to fear, intimidation, mounting legal costs or simple exhaustion and abandons the criticism. In some cases, repeated frivolous litigation against a defendant may raise the cost of directors and officers liability insurance for that party, interfering with an organization’s ability to operate.[2] A SLAPP may also intimidate others from participating in the debate. A SLAPP is often preceded by a legal threat.”

As Martin Levine writes in TNQ, more was at stake than Professor Rubin’s reputation.

“This story came to a happy end. After the state board made no finding, the university found none of the allegations were supported by the evidence. Yet, this remains a cautionary tale. The ease with which political opponents can make the debate personal can have a very chilling effect.

“We ended our piece two years ago with a challenge to others to speak out in defense of free, fact-based speech: “We’re waiting for state and national nonprofit associations to speak out against this travesty, as they should, and stand up for the core nonprofit value of free speech.” While Professor Rubin’s reputation and ability to freely go on with her important work has been upheld, it is more important than ever for others to speak loudly. As we see scientists removed from advisory panels and facts that don’t support political beliefs discarded, the collective voice is still critical.”

For her refusal to be intimidated, for defending the rights of others to write and speak without fear, I add Julia Sass Rubin to the honor roll of this blog. She really should be honored by the American Association of Universities, the ACLU, People for the American Way, and others who are passionate about protecting our freedoms.

Shades of McCarthyism. The principal of a small high school in Brooklyn is under investigation after someone tipped off the Department of Education’s Office of Special Investigations that she might be a Communist.

“It was early March when a representative from the New York City Department of Education’s Office of Special Investigations sat down with Jill Bloomberg, the longtime principal of Park Slope Collegiate in Brooklyn, a combined middle and high school, to inform her that she was under investigation.

“The representative told Ms. Bloomberg that she could not tell her the nature of any allegations, nor who had made them, but said that she would need to interview Ms. Bloomberg’s staff.

“Then one of her assistant principals, who had met with an investigator, revealed to her exactly what the allegation was, one that seemed a throwback to another era: Communist organizing.

“I think I just said, ‘You’ve got to be kidding me. This is something O.S.I. investigates?’” Ms. Bloomberg said, using an abbreviation for the Office of Special Investigations. “I mean, what decade are we living in?”
But after the initial shock, she said she realized she had been waiting for something like this to happen for a long time.

“Over the years, Ms. Bloomberg has become one of the most outspoken and visible critics of New York City’s public schools, regularly castigating the Education Department’s leadership at forums and in the news media. Most of her criticism is aimed at actions that she says perpetuate a segregated and unequal educational system and that penalize black and Latino students. Through the years, she has helped organize protests and assemblies to push for integration and equal resources and treatment for her almost entirely black and Latino student body.

“Last Friday, Ms. Bloomberg filed a lawsuit against the school system saying it violated her rights under Title VI of the Civil Rights Act of 1964, which protects an individual’s civil rights and the right to free speech under the First Amendment. Ms. Bloomberg was seeking an injunction to stop the investigation until her lawsuit is resolved.”

Do employees of the New York City Department of Education have freedom of speech?

More on this subject: See here.

PEN International represents artists and writers around the world. I am a member. It advocates for freedom of expression. It recently issued this condemnation of Trump’s travel ban.

https://pen.org/interrogation-us-border/

It begins like this:

“The Trump Administration’s draconian immigration policies, from the Muslim ban to the deportation by Immigration and Customs Enforcement officers of hard-working parents who have no criminal record and young adults who know no other home, have drawn widespread criticism and protest.

“In addition to these heart-wrenching, horrifying stories, more and more reports are emerging of travelers—including U.S. citizens returning home—being subjected to aggressive interrogations at the border that leave them humiliated, angry, and bewildered. Several prominent writers have spoken out in recent weeks about such experiences, which have altered their views of the United States and what it stands for.

“The bestselling children’s book author Mem Fox, an Australian citizen, was detained in late February at the Los Angeles International Airport while en route to a conference in Milwaukee. She was detained for nearly two hours by Customs and Border Patrol officials who reportedly believed she was traveling on the wrong visa, although Fox says she has traveled to the U.S. over 100 times before without any incident. Her interrogation was so aggressive that she said she “felt like I had been physically assaulted.” Fox, whose most recent book I’m Australian, Too is a celebration of immigration and Australia’s multicultural heritage, eventually received an apology from the U.S. embassy in Australia. But in reflecting on her ordeal, she emphasized its broader ramifications, noting, “They made me feel like such a crushed, mashed, hopeless old lady and I am a feisty, strong, articulated English speaker. I kept thinking that if this were happening to me, a person who is white, articulate, educated, and fluent in English, what on earth is happening to people who don’t have my power?”

“Also in late February, Henry Rousso, a celebrated French historian of the Holocaust who was born and raised in Egypt, was detained for 10 hours at the George Bush Intercontinental Airport in Houston. Rousso, author of The Vichy Syndrome, about France’s struggle to reckon with its World War II history, was traveling to a symposium at Texas A&M University. Border officials questioned him about his visa and accused him of attempting to work illegally in the U.S. Rousso was first told that he would be deported, but was eventually released after Texas A&M learned of the situation and intervened. Like Mem Fox, Rousso’s experience has altered his view of the United States, as he wrote:

This incident has caused me some discomfort, but I cannot stop thinking of all those who suffer these humiliations and legal violence without the protections I was able to benefit from. …How can one explain this zeal if not by the concern to fulfill quotas and justify increased controls? That is the situation today in this country. We must now face arbitrariness and incompetence at all levels. I heard recently that “Paris isn’t Paris anymore.” The United States seems no longer quite the United States.

“Aaron Gach, an American media artist and founder of the Center for Tactical Magic, contacted PEN after he was detained on February 23 on his return home to San Francisco from an art show in Brussels. Gach was subjected to detailed questioning regarding an art exhibition in which he had participated in Belgium, including questions about why he was invited, who invited him, and how often he takes part in such exhibits. Gach’s pieces included in the exhibition focused on issues related to incarceration in the United States; he is unsure whether he was detained in connection with his work. Gach was repeatedly asked to allow CPB agents access to his personal phone by turning it over and providing his password; when he finally agreed, the phone was removed from his sight for several minutes before being returned to him.

“In the wake of reports like these and the expectation that a new travel ban will be issued at any moment, PEN America is hearing from artists, writers, poets, and other cultural and intellectual figures who are newly worried about making trips to the U.S., afraid of being turned away at the border, made to submit to invasive searches of their smartphones, interrogated about their political opinions and religious beliefs, or being subjected to arbitrary tests of their abilities. In a few short weeks, a pervasive fog of fear has encircled our borders, and it will deter countless people from even attempting to visit the country….”

Cedar Riener is a professor of psychology at Randolph-Macon College in Virginia. In this post, he debates the dilemmas of free speech. What stance do you take when confronting fascists? Do you ignore those who bully the vulnerable in public? He uses the example of a rightwing provocateur who humiliates a transgender student at the University of Wisconsin by displaying photographs of her as part of a public lecture. Should hate speech be protected? Should incitement to violence be protected?

These are issues that once seemed antique. They no longer are.

As a reader pointed out recently, I wrote a book called “The Language Police,” which is a strong affirmation of free speech. I believe in the free marketplace of ideas. But, as this angry reader told me, I block content on this blog that uses certain four-letter words, that insults me, and that I find offensive. I am walking a fine line here.

Cedar Riener tries to redefine the line. We are in new times. Should we protect the speech of fascists? Racists? Misogynists? Issues we once thought were settled no longer are.

Teacher Ken Bernstein calls our attention to a farewell column written by Roger Simon of Politico.

Simon is retiring–at least for now–but he leaves with a warning.

“We live at a pivotal time because Donald Trump and his thugs have done us a favor. They have shown us that democracy is not inevitable. They have shown us it can fail.

“In just a matter of days, they have shown us how democracy can be transformed into something evil. And we can imagine a future of jackboots crashing through our doors at 2 a.m., trucks in the streets to take people to the internment camps, bright lights and barking dogs — and worse.

“Does this make me sound hysterical? Maybe. But this is my last chance to be. In its first week, the Trump administration demonstrated its contempt for Mexicans, for Muslims and for Jews. I imagine the true list is longer. Much longer.

“Should we keep quiet as we watch this? Is this why America was created?

“If, for amusement, you wish to pay attention to the opinion polls, do so. (Jimmy Kimmel said: “Hillary underperformed with women, African-Americans, Latinos and young people. The only group she did well with was pollsters.”)

“But the most important poll was created by Henry David Thoreau when he wrote, “any man more right than his neighbors constitutes a majority of one … ”

“You are a majority of one. You have a duty to act like it. You have a duty to do something to preserve democracy. Something nonviolent, I hope, but something.

“Trump tells civil rights leader John Lewis to keep his mouth shut and then Trump smiles his porcine smile. In what fantasy land, in what delusional world would one desire the words of a bellicose Donald Trump and the silence of John Lewis?…

“We are told today that truth no longer matters. It does.

“We are told human decency is the concern of the weak. It isn’t.

“We are told civil liberties can be brushed aside when it is convenient to the wielders of power to so do. Such people should be stopped. They must be stopped.

“And there is only the people to stop them.”

Ray Richmond is a writer in Los Angeles. This article appeared in the Los Angeles Times. I won’t reproduce it in full because that would violate copyright law. I hope you will open the article and read it. It expresses my own feelings of personal fear, fear for the future of my nation and my fellow citizens, fear for our democracy, and deep uneasiness about the future.

I never thought I’d have to write that I sense fear from my fellow citizens when it comes to speaking out against a presidential administration. But I do.

I never thought I’d have to write that our president is the biggest and most compulsive liar that I’ve ever encountered in American public life. But I must.

I never thought I’d have to write that the leader of the United States has the demeanor of a middle school-aged adolescent, with mature development arrested at age 13. But it’s true.

I never thought I’d have to write that my government has declared literal war against the truth, or that the president’s chief spokesperson would go on television and with a straight face and present the idea of “alternative facts.” But they have.

I never thought I’d have to write that my president is so insecure and consumed with the size of his support that he would personally phone the acting chief of the National Park Service to produce photographic evidence of a larger turnout at his inauguration. But he did…

I never thought I’d have to write that members of President Trump’s senior staff all were using a private Republican National Committee email server after having made Hillary Clinton’s doing so the centerpiece of the general election campaign. But it has.

I never thought I’d have to write that the winner of the presidential campaign is loudly and persistently making dubious claims of voter fraud despite having come out on top. But he does….

I never thought I’d have to write that an American president this week stood in front of the hallowed CIA Memorial Wall and made a self-aggrandizing speech about his own greatness and popularity, unable to see past his own narcissistic reflection. But he did.

I never thought I’d have to write that five members of the president’s inner circle, including two of his children, are registered to vote in two states. But they are.

I never thought I’d have to write that Steve Bannon, the president’s chief strategist, has gone so far as to tell the New York Times, “The media should be embarrassed and humiliated and keep its mouth shut and just listen for a while. The media here is the opposition party.” But he did.

I never thought I’d have to write that the leader of the once-free world could consume himself with bad-mouthing movie stars and TV shows in tweets and all but declare war on information itself. But he does….

I never thought I’d have to write that waking up in the morning to the news — once an activity embraced with relish — so fills me with dread. But it does.

I never thought I’d have to write that going about the business of my daily life feels utterly empty and foreboding due to what appears to be the purposeful destruction of our hallowed institutions of democracy in real time. But it has.

I never thought I’d have to write that I feel helpless in the face of tyranny and autocratic rule from a man who believes himself at once omnipotent and infallible. But I do.

I never thought I’d have to write that I sense I’m a stranger in my own land. But I do.

GregB, a regular reader and commenter, left the following thoughts about the four years ahead of us:

 

 

“I commented on another site today about Al Franken that “it took a great comedian to show DC what a great senator looks like.” The perverse reality we live in today is amplified by the fact that comedians give us better news and analysis than “journalists.” Think of Jon Stewart and Jon Oliver as great examples. Tonight Samantha Bee had the best expose of hypocrisy of Kellyanne Conway and how “journalists” can’t cut through her bs. But her interview with exiled Russian dissident journalist (no quotes) Masha Gessen was amazing. Here’s a quick checklist of things that Gessen went through that Donald’s regime will likely do which mirrors Putin.

 

First pre-election speculation if Donald were to win:

 

— it feels like we’re staring into an abyss

 

Post election things to expect (most efforts to successfully resist that she knows of have failed and her biggest worry is a nuclear holocaust):

— he’s certain to do irreparable harm to the environment that will make the survival of the human species impossible,
— the impossibility of going on to democracy after Trump

(after Bee does a chart that shows what the path is to rock bottom, what low points do you expect to see in our near future?)

— he’s going to lift the sanctions against Russia
— he’s going to start banning one newspaper after the other from the White House
— he is going to start thinking about wars
— he is going to go to the Putin model of holding one press conference per year
— suppose some cities refuse to cooperate with deportation, so he calls on the American people to start reporting on immigrants, and that’s when we start getting into really disgusting territory
— that will be the beginning of the culture of citizen against citizen
— so there’s a Russian joke: We thought we had reached rock bottom and then someone knocked from below
— (in language) he’s very similar to Putin, he uses language to assert his power over reality
— what he’s saying is “I create the right to say whatever the hell I please and what are you going to do about it?”
— it’s instinctual, it’s like a bully in a playground
— the point is to render you completely powerless
— because everything you know how to do (to point out reality) is useless
— the thing to do to resist is to continue panicking, to keep being the hysteric in the room and say, “This is not normal”
— just remember why you’re panicking, write a note to yourself about what you would never do, and when you come to the line, don’t cross it

 

Thanks Samantha and Masha. It would have been good advice in Germany 1933 and seems apt for the US in 2017.

 

The distinguished researcher Gene V. Glass writes here about legislation proposed by two Arizona legislators to prohibit the teaching of “social justice” in schools or colleges.

 

http://ed2worlds.blogspot.com/2017/01/arizona-republicans-want-to-prohibit.html?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+EducationInTwoWorlds+%28Education+in+Two+Worlds%29

 

Schools found to be in violation would be fined 10% of their state monies.

 

I am not sure what the definition of “social justice” is. Fairness, equality, equal rights? The Constitution? The Bill of Rights?