Ferguson protests and the First Amendment rights

By WILLIAM H. FREIVOGEL / Police appear to be violating the First Amendment rights of protesters and journalists in Ferguson by arresting and targeting journalists and by turning the right to assembly into a daytime-only right.

“Police and officials in Ferguson have declared war on the First Amendment,” said Gregory P. Magarian, a law professor at Washington University Law School. “Since Sunday’s police shooting of an unarmed student, Michael Brown, local officials and law enforcement have blatantly violated three core First Amendment principles: our right to engage in peaceful political protest, the importance of open government, and the freedom of the press.”

Hard choices for journalists covering Ferguson

By WILLIAM H. FREIVOGEOL / The police shooting of a teenager in Ferguson, Mo. and the looting that followed are presenting hard decisions for journalists covering this small suburban town that never expected to be an international dateline. How should the media cover this explosive story of race, rioting and alleged police brutality that unfolds in a sea of angry demonstrators and a Twittersphere of information and disinformation? Here are some of the issues.

False equivalencies undermine Gaza debate

By WILLIAM H. FREIVOGEL / As a liberal academic and a former liberal editorial writer, it is painful to watch as many liberal academics and a few liberal journalists impose false equivalencies upon Israel. Israel is just like the Nazis, some suggest, including most recently the African National Congress. Israel is just like South Africa during Apartheid, others say. Israel should be boycotted just like South Africa say those who support the “BDS” movement to boycott, divest and sanction Israel. And recently, with the terrible violence in Israel and the Gaza strip, the blame Israel game has reached new heights. Never mind that it was Hamas firing missiles into Israel that started the violence, or that Hamas places its weapons near civilians, schools and hospitals, or that Hamas vows to drive Israelis into the sea, or that Israel warns civilians when it is about to bomb. Israel is far from perfect. But Israel is not South Africa during Apartheid. Israeli law’s recognition of the rights of Arab citizens is significant and does not compare with Apartheid. Nor is Israel exterminating Palestinians. Any suggestion that it is acting like Nazi Germany is uninformed to say the least.

First Amendment is no refuge for Clippers owner’s remarks

By WILLIAM H. FREIVOGEL / Whether viewed from a legal, moral or ethical vantage point, the lifetime ban that NBA commissioner Adam Silver imposed on racist Los Angeles Clippers owner Donald Sterling was just and correct. After Silver announced the punishment, the Twittersphere exploded with claims that the NBA had violated Sterling’s First Amendment right to free speech. The problem with that argument is the first word of the First Amendment: Congress.