Tag Archives: First Amendment

What the US can learn from apartheid-era book bans in South Africa

*Books are often targeted when they are sympathetic to the oppressed.*
*Eskay Lim / EyeEm via Getty Images*

Helen Kapstein, John Jay College of Criminal Justice

“Beloved.” “The Hate U Give.” “Maus.” “Burger’s Daughter.”

Each of these books has been banned at some point in time, but one stands out. Instead of being banned in 21st-century America, Nadine Gordimer’s “Burger’s Daughter” was banned in 20th century South Africa during apartheid, that country’s period of official white supremacist rule.

So why include it in this list? Despite the decades and distance between bans on this book and the others, the rise in attempts to ban and censor books in America in 2022 looks an awful lot like what South African censors did during apartheid. I make this observation as a scholar who specializes in studying literature to better understand the intersections of race, oppression and resistance. Continue reading →

US Lawmakers Want to Bar Using Espionage Act to Target Journalists

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“When one journalist is prosecuted for doing his or her job, that’s a threat to all journalists,” said Rep. Ro Khanna.

By Kenny Stancil Published 7-27-2022 by Common Dreams

Image: News Literacy Matters

A trio of congressional lawmakers reintroduced the Espionage Reform Act on Wednesday to prevent reporters from being prosecuted for publishing classified information—a common journalistic practice used to expose government wrongdoing.

Unveiled by Rep. Ro Khanna (D-Calif.), Sen. Ron Wyden (D-Ore.), and Rep. Thomas Massie (R-Ky.), the measure aims to narrow the scope of the 105-year-old Espionage Act and similar laws enacted during the First World War—ostensibly to protect the United States from spies but, according to critics, to criminalize anti-war dissent, resulting in the imprisonment of nearly a thousand people, including leading socialist Eugene Debs. Continue reading →

Donating to help women get abortions is a First Amendment right – protected by Supreme Court precedent

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*An abortion provider in San Antonio had to turn patients away after the June 24, 2022, Supreme Court ruling.*
*Gina Ferazzi/Los Angeles Times via Getty Images*

Lucinda M. Finley, University at Buffalo

Several Texas abortion funds – which are charities that help people who can’t afford to get an abortion pay for their travel, lodging and medical bills – paused disbursements on June 24, 2022, after the Supreme Court ruled that Americans have no constitutional right to the procedure.

The Lilith, Equal Access, Frontera and other funds said they were taking this step to assess the legal consequences of the court’s ruling in Texas, which already had some of the nation’s strictest abortion laws. Abortion funds in some other states, including Oklahoma, were also reportedly halting their work. Continue reading →

Privacy isn’t in the Constitution – but it’s everywhere in constitutional law

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*Who’s allowed to watch what you do and say?*
*Shannon Fagan/The Image Bank via Getty Images*

Scott Skinner-Thompson, University of Colorado Boulder

Almost all American adults – including parents, medical patients and people who are sexually active – regularly exercise their right to privacy, even if they don’t know it.

Privacy is not specifically mentioned in the U.S. Constitution. But for half a century, the Supreme Court has recognized it as an outgrowth of protections for individual liberty. As I have studied in my research on constitutional privacy rights, this implied right to privacy is the source of many of the nation’s most cherished, contentious and commonly used rights – including the right to have an abortion – until the court’s June 24, 2022, ruling in Dobbs v. Jackson. Continue reading →

Rights Advocates Decry ‘Very Frightening’ Court Ruling Upholding Anti-BDS Law

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“This is not just about boycotts,” said one critic. “This is opening the door to strip away First Amendment rights of all Americans.”

By Julia Conley Published 6-23-2022 by Common Dreams

Image: Al-Haq

A federal court ruling allowing Arkansas to penalize government contractors that support boycotts of the Israeli government was decried as “dangerous” and a threat to First Amendment rights on Wednesday, as civil liberties defenders vowed to appeal the decision to the U.S. Supreme Court.

The 8th Circuit Court of Appeals ruled that an Arkansas law does not violate Americans’ constitutional rights by requiring state contractors with contracts of $1,000 or more to reduce their fees by 20% if they refuse to sign a pledge saying they won’t support the Boycott, Divest, and Sanction movement (BDS). Continue reading →

Supreme Court Ruling Turns Separation of Church and State Into ‘Constitutional Violation,’ Warns Sotomayor

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“We are witnessing one of the most extreme Supreme Courts in modern history rewrite the most basic social commitments of our society,” said the head of one of the nation’s largest teachers unions.

By Julia Conley Published 6-21-2022 by Common Dreams

United States Supreme Court Justice Sonia Sotomayor speaking to attendees at the John P. Frank Memorial Lecture at Gammage Auditorium at Arizona State University in Tempe, Arizona. in 2017. Photo: Gage Skidmore/flickr/CC

U.S. Supreme Court Justice Sonia Sotomayor on Tuesday warned that the court’s right-wing majority had further eroded the nation’s bedrock laws separating church and government when it ruled that Maine must include religious schools in a state-run tuition program.

“Today, the court leads us to a place where separation of church and state becomes a constitutional violation,” wrote Sotomayor in the minority’s dissent of the 6-3 decision. Continue reading →

Progressives Vow to Fight as DeSantis Signs Bill Banning Protests at Florida Homes

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“H.B. 1571 builds on the unconstitutional foundations of the anti-protest bill last year,” said one activist, “and only reaffirms our will to make sure our voices are heard in order to create a brighter future for the people of our state.”

By Brett Wilkins Published 5-17-2022 by Common Dreams

George Floyd protests in Miami, Florida on June 6, 2020. Photo: Mike Shaheen/Wikimedia Commons/CC

Critics are calling a new Florida law unconstitutional following Republican Gov. Ron DeSantis’ signing of H.B. 1571, which bans protests outside homes, on Monday.

The new law, which has drawn comparisons to a separate statute effectively allowing the killing or wounding of protesters, makes “picketing or protesting” outside private residences a second-degree misdemeanor crime punishable by as many as 60 days behind bars, up to a $500 fine, and six months’ probation. Continue reading →

EU Enacts Landmark Social Media Law to End Self-Regulation by Big Tech

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“As the U.S. agonizes over misinformation and hate speech on social media and the harm it does to democracy,” said one journalist, the European Union passed the Digital Services Act “to tackle the problem.”

By Kenny Stancil Published 4-23-2022 by Common Dreams

Photo: Jason Howie/flickr/CC

The European Union on Saturday passed a landmark law that seeks to reduce social media’s harmful effects by requiring Big Tech corporations to quash disinformation and illicit content on their platforms or else face multibillion-dollar fines.

The Digital Services Act (DSA) would compel Facebook, YouTube, TikTok, Twitter, and other platforms “to set up new policies and procedures to remove flagged hate speech, terrorist propaganda, and other material defined as illegal by countries within the European Union,” the New York Times reported. Continue reading →

1,100+ Banned Books Across 26 States: Report Shows ‘Shocking’ Censorship

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“What is happening in this country in terms of banning books in schools is unparalleled in its frequency, intensity, and success,” said the director of PEN America’s Free Expression and Education program.

By Jake Johnson Published 4-8-2022 by Common Dreams

Photo: Enokson/flickr/CC

A report published Thursday by the free expression group PEN America details an “alarming” and unprecedented surge in book banning across the United States, with 86 school districts in 26 states prohibiting more than 1,100 titles in classrooms and libraries over just the past eight months.

Titled Banned in the USA, the report finds that districts representing 2,899 schools with a combined enrollment of more than 2 million students banned 1,145 unique book titles by 874 different authors, 198 illustrators, and nine translators between July 1, 2021 and March 31, 2022. Continue reading →

SCOTUS is about to decide whether a public school football coach can pray on the field

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*When is a prayer after a public-school game constitutional?*
*TerryJ/iStock via Getty Images Plus*

Charles J. Russo, University of Dayton

The Supreme Court has consistently banned school-sponsored prayer in public K-12 schools, whether at the start of the school day, during graduation ceremonies or before football games. Under the Equal Access Act, the Supreme Court has affirmed that students may organize prayer and Bible study clubs during non-instructional hours. Even so, school staff and outside adults may not actively participate.

Lower courts have mostly forbidden public school teachers from openly praying in the workplace, even if students are not involved. Yet the Supreme Court has not directly addressed such a case – until now. Continue reading →

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Tag Archives: First Amendment

Supreme Court Ruling Turns Separation of Church and State Into ‘Constitutional Violation,’ Warns Sotomayor

“We are witnessing one of the most extreme Supreme Courts in modern history rewrite the most basic social commitments of our society,” said the head of one of the nation’s largest teachers unions.

SCOTUS is about to decide whether a public school football coach can pray on the field