Justice Oliver Wendell Holmes Jr. wrote a century ago that free speech didn’t protect a person “falsely shouting fire in a theatre and causing a panic.” Now some news commentators are dusting off that memorable aphorism to suggest that the offensive film, “Innocence of the Muslims,” is not protected by the First Amendment.
One of the most repeated pieces of conventional wisdom about the lead up to the war in Iraq is that the press served as a cheerleader for the invasion, buying into the Bush administration’s claims about weapons of mass destruction and connections between Iraqi dictator Saddam Hussein and al-Qaida. This view is embraced so fervently in academia that it seldom is questioned.
Ninety-nine years after Daniel R. Fitzpatrick became the editorial cartoonist for the St. Louis Post-Dispatch, that proud history of.
The Illinois General Assembly failed this month to change the state’s tough eavesdropping law even though federal and state courts have said it violates the First Amendment. Currently, audiotaping without the permission of everyone involved in a conversation is a felony in Illinois, making it unlawful for citizens to tape encounters with police.
Last month, the 7th U.S. Circuit Court of Appeals ruled that the Illinois law – viewed as the toughest in the nation – could not be enforced as written because it barred recording of public officials’ actions in public. The decision was handed down just before the NATO meeting in Chicago, which attracted large protests and citizen-police confrontations.
For a time late last month, Rush Limbaugh succeeded in abusing copyright law to get YouTube to take down a Daily Kos video stringing together the insulting remarks he made about Sandra Fluke, the Georgetown law student who became a featured player in the contraception controversy a few months back.
The video stitched together short excerpts of Limbaugh calling Fluke a slut and a prostitute who should videotape herself having sex. Limbaugh apologized (sort of) after he began to lose advertisers. But when Daily Kos helpfully put together a greatest hits of Limbaugh’s comments, Limbaugh used copyright law to demand that YouTube take down the video.