Speech and expression

  • February 24, 2014
    Guest Post

    by Mary Beth Tinker, Petitioner, Tinker v. Des Moines

    * Editor’s Note: Ms. Tinker is currently traveling the United States to promote youth voices, free speech and a free press as part of the Tinker Tour. For updates, follow the Tour on Twitter and read its February 2014 newsletter. You can support the Tour at startsomegood. The Tour ends on March 7.

    The smiling face of a seventh-grader named Jake is on my laptop screen. Jake is explaining why he wrote “We will never forget you, Newtown... 12/14/12” on the front of his shirt last year after the Newtown Elementary School shooting.  On the back of the shirt, he wrote the name of every person who had been killed there. He explains that he did it because “I felt very emotional. That school was close to mine.” 

    When Jake wore the shirt to school the day after the shooting, the principal asked him to remove it, a possibility that Jake’s parents had prepared him for. He refused, and was sent home. Later, the parents heard that school administrators were worried that students would be upset by the shirt, and that a parent had complained.

    Jake went back to school, but the experience inspired a new interest: students’ rights. Now, he’s doing a documentary for National History Day on “rights and responsibilities” that will feature the Supreme Court case, Tinker v Des Moines, in which I was a plaintiff.

    Jake is asking why I wore an armband to school when I was in eighth grade back in 1965, knowing—like him—that I would get in trouble. He’d also like to know how the case led to the Supreme Court and a landmark victory for students’ rights on February 24, 1969.

  • February 20, 2014
    Guest Post
    by Geoffrey R. Stone, Edward H. Levi Distinguished Professor of Law and an ACS Faculty Advisor at the University of Chicago Law School; former Chair, ACS Board of Directors
     
    * This post originally appeared on The Huffington Post.
     
    A few days ago on the campus of the University of Mississippi, someone (reportedly two males) draped a Confederate flag on a statue honoring James Meredith and hung a noose around its neck. Meredith was the African-American student who courageously desegregated the University of Mississippi in 1962, weathering a storm of ugly protest, riots and threats of violence. This act was, by any measure, deeply disrespectful and hateful.
     
    University of Mississippi Chancellor Dan Jones responded by stating of those who did this: "Their ideas have no place here, and our response will be an even greater commitment to promoting the values that are engraved on the statue—Courage, Knowledge, Opportunity, and Perseverance."
     
    This poses an interesting question. How should the University of Mississippi respond? What does it mean to say that these "ideas have no place here"? Assuming the individuals who did this were students, should the university expel or otherwise discipline them? Are there "ideas" that "have no place" on a university campus?
     
  • February 6, 2014
     
    Writing for The Huffington Post, distinguished George Washington University Law School Prof. Alan B. Morrison and co-author Adam A. Marshall argue in favor of the National Popular Vote (NPV) movement. In his article, Morrison—a faculty advisor to the ACS Student Chapter at GWU—explains why the current state of the Electoral College is a major deficit to American democracy and how the NPV movement would facilitate a more representative voting system.
     
    Writing for SCOTUSblog, Jody Freeman explains why the greenhouse gas cases pending at the U.S. Supreme Court will have little impact on the EPA and the government’s ability to regulate emissions.
     
    The Associated Press reports on the developing case in the U.S. Court of Appeals for the Tenth Circuit that has Utah state attorneys insisting that same-sex marriage will devalue the family structure and lead to economic crisis.
     
    David H. Gans of Slate breaks down Hobby Lobby’s lawsuit against the Obama administration to reveal why, when it comes to the free exercise of religion, most corporations are sitting this one out.
     
    At the blog of Legal Times, Todd Ruger notes the diversity of President Obama’s judicial nominees.

     

  • February 4, 2014
     
    The Lilly Ledbetter Fair Pay Act was the first bill signed into law by President Obama in 2009 and has been a vital tool in the battle against wage discrimination ever since. Writing for Roll Call on the anniversary of the bill’s passage, Lilly Ledbetter and the American Civil Liberties Union’s Deborah J. Vagins reflect on the legacy of the Ledbetter Act, the importance of the proposed Paycheck Fairness Act and the necessity of executive order.
     
    Last year, the Senate eliminated its 60-vote supermajority requirement for most judicial and executive appointments after Senate Republicans chose to filibuster an egregious number of President Obama’s nominees. In an article for The Blog of Legal Times, Todd Ruger explains why it is likely that the Senate’s power to filibuster nominations will remain applicable to our nation’s highest court.
     
    Writing for the Center for American Progress, Joshua Field examines the current state of the Voting Rights Act, post-Shelby County. In his report, Field addresses the need to combat voting-related discrimination and the role our federal courts must play going forward.
     
    In an article for The National Law Journal, Tony Mauro examines the ACLU’s First Amendment fight against the Supreme Court’s ban on protesting on the Court’s plaza.
  • January 24, 2014
    Guest Post
     
    Last week, I attended the argument before the U.S. Supreme Court in McCullen v. Coakley, a case challenging Massachusetts’ law creating a 35-foot buffer zone around abortion clinics. 

    The law limits anyone from occupying the space around the entrance or driveway of an abortion clinic. These limits apply whenever people identify as pro-choice or anti-choice, and have exceptions for patients, those accompanying them into the clinic, clinic staff, those on official business, and pedestrians who happen to cross a clinic’s path while on their way somewhere else. Anyone can still distribute literature, hold signs, protest, or engage in conversation—just not within that 35-foot neutral zone to let patients through.

    During the oral arguments, Justice Antonin Scalia acknowledged that “if it was a protest, keeping them back 35 feet might not be so bad.” But then he added that this particular case is, in his view, “a counseling case, not a protest case.”
     
    This distinction is not warranted. Whether people shout loudly or talk softly is not the point. The statute’s goal is to diffuse congestion, not regulate speech. It simply ensures that patients have safe passage into clinics when exercising their own constitutional rights.
     
    In the decades since abortion was legalized in the U.S, doctors and clinic staff have been constantly threatened with harm, patients have been routinely harassed, and abortion clinics have suffered bombings, arson, and blockades. In fact, according to the National Abortion Federation, there have been eight murders, 17 attempted murders, 42 bombings, 181 incidences of arson, and thousands of incidents involving other criminal activities since 1977.