Freedom of Speech

Senate Passes Unconstitutional Bill to Undermine Reproductive Rights

In defiance of a U.S. Supreme Court ruling striking down as unconstitutional a similar Nebraska ban on so-called “partial birth” abortion procedures, the Senate voted 64-33 to approve the “Partial Birth Abortion Ban Act of 2003.”

People For the American Way President Ralph G. Neas said the legislation was a far broader attack on women’s reproductive choice than its sponsors have claimed. The bill, which contains language that is so broad it could forbid some of the most safe and common abortion procedures available to women, sets the stage for further encroachments on reproductive freedom.

Third Circuit Agrees Again: Internet Censorship Law Unconstitutional

In Response to Supreme Court Ruling, Third Circuit Strengthens Finding that COPA Violates Free Speech
The U.S. Circuit Court of Appeals for the Third Circuit ruled again on March 6 that the “Child Online Protection Act” (COPA) was a violation of the First Amendment rights of businesses and individuals to send and receive valuable information. The case is ACLU v. Ashcroft.

Harry Potter and the Censors' Menace

People For the American Way Foundation joined today with the American Booksellers Foundation for Free Expression and other groups to file a brief in federal court in support of parents challenging a school board’s decision to remove all Harry Potter books from the school library shelves. The decision by the Cedarville, Arkansas, school board, which requires written parental permission before students can check out the books, disregarded a 15-0 decision by the board’s Library Committee. The episode was triggered by a parent’s complaint that the books promote witchcraft and sorcery as well as the ideas that “magic will solve your problems” and that “parents/teachers/rules are stupid or something to be ignored.”

First Amendment Victory: FCC Backs Down in Sarah Jones Case

In a case with important First Amendment implications, the Federal Communications Commission has reversed its earlier finding that performance artist Sarah Jones’ “Your Revolution” is indecent. The FCC had declared in May of 2001 that “Your Revolution,” a feminist critique of the frequently offensive treatment of women in popular music, was indecent. The new FCC order acknowledges that declaring “Your Revolution” indecent was a mistake.

Amendment Restricting Total Information Awareness Survives Conference Committee

Bipartisan House and Senate negotiators retained a Senate amendment restricting the data mining activities of the Pentagon’s Office of Total Information Awareness (TIA). The final bill requires Congressional oversight of the program and conditions its funding on actions by the executive branch to protect privacy and monitor the usage of personal information. It also bars deployment of TIA technology without explicit Congressional authorization.

Defense Department’s Self-Evaluation on Total Information Awareness Program No Substitute for Congressional Oversight

The Defense Department announced today that it would establish an internal board and an outside advisory committee to monitor potential threats to individual privacy from the Pentagon’s Total Information Awareness Project. While strong internal controls are necessary, they are not a substitute for real congressional oversight, which is fundamental to our constitutional system of checks and balances.

Victory for Civil Liberties on Total Information Awareness

In a bold bipartisan move, the U.S. Senate adopted an amendment that could protect Americans from the broad reach of government data-mining efforts associated with the office of Total Information Awareness.

Homeland Security Act Poses Threat to Government Oversight, Civil Rights and Liberties

With attention largely focused on the adequacy of civil service protections in the Homeland Security Act, several of the massive bill’s provisions that increase government secrecy and reduce accountability went virtually ignored. The new 170,000 employee agency could potentially menace the civil rights and liberties of all Americans.

Fourth Circuit Considers Arguments in Appeal of Judge's Ruling Striking Down Virginia Internet Law

The Fourth Circuit Court of Appeals heard arguments October 28th in Richmond concerning the appeal of a ruling that set a strong precedent protecting the freedom of speech on the Internet. That ruling helped to solidify protection of electronic speech as equivalent to the protection of written and oral speech.

Award-Winning Poet Sarah Jones Appeals Procedural Dismissal of Censorship Suit Against FCC

World-renowned playwright, poet and artist Sarah Jones today appealed the dismissal on procedural grounds of her censorship suit against the Federal Communications Commission. The appeal to the U.S. Court of Appeals for the Second Circuit was filed by People For the American Way Foundation and prominent New York-based media law firm Frankfurt Garbus Kurnit Klein & Selz. On September 4th, Judge Denise Cote of the U.S. District Court of the Southern District of New York dismissed Jones' lawsuit without reaching the merits of the case. Jones sued the FCC because the commission branded one of her works "indecent." That designation has had a continuing chilling effect on her First Amendment right to free speech.

Judge Dismisses Award-Winning Poet Sarah Jones' Censorship Suit Against FCC on Procedural Grounds

On September 4th, Judge Denise Cote of the U.S. District Court of the Southern District of New York dismissed on procedural grounds Sarah Jones’ lawsuit against the Federal Communications Commission. Jones was suing because the FCC branded her work “indecent” in a ruling against a broadcaster, and that designation has had a continuing chilling effect on her First Amendment right to free speech.

The Case Against the Confirmation of John Ashcroft As Attorney General of the United States: Part II

Both as Attorney General and Governor of Missouri, John Ashcroft was well known as an opponent of school desegregation programs in St. Louis and Kansas City. Differences of legal and political opinion existed then and now on this subject, and such differences alone would not constitute significant grounds for opposing Ashcroft’s nomination. But Ashcroft’s conduct in Missouri went far beyond such differences of opinion. Ashcroft spent years and significant state resources in efforts to stymie voluntary St.

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