18 Oct 2021 | News and features, Statements, United Kingdom, United States
[vc_row][vc_column][vc_column_text]U.S. Department of Justice
950 Pennsylvania Avenue,
NW Washington,
DC 20530-0001
October 15, 2021
Attorney General Merrick Garland:
We, the undersigned press freedom, civil liberties, and international human rights advocacy organizations, write again to share our profound concern about the ongoing criminal and extradition proceedings relating to Julian Assange, the founder of Wikileaks, under the Espionage Act and the Computer Fraud and Abuse Act.
Julian Assange in 2014, photo: David G Silvers/CC BY-SA 2.0
In February, members of this coalition wrote to the Acting Attorney General, urging that the criminal charges against Mr. Assange be dropped. We now renew that request with even greater urgency, in light of a recent story in Yahoo News describing alarming discussions within the CIA and Trump administration before the indictment against Assange was filed. The Yahoo News story only heightens our concerns about the motivations behind this prosecution, and about the dangerous precedent that is being set.
As we noted in our earlier correspondence, the signatories to this letter have different perspectives on Mr. Assange and his organization. We are united, however, in our view that the criminal case against him poses a grave threat to press freedom both in the United States and abroad. We were disappointed that the Department of Justice appealed the decision by Judge Vanessa Baraitser of the Westminster Magistrates’ Court to reject the Trump administration’s extradition request. Especially in light of the recent news report, we urge you to drop that appeal and dismiss the underlying indictment.
As we explained in our earlier letter, journalists routinely engage in much of the conduct described in the indictment: speaking with sources, asking for clarification or more documentation, and receiving and publishing official secrets. News organizations frequently and necessarily publish classified information in order to inform the public of matters of profound public significance.
We appreciate that the government has a legitimate interest in protecting bona fide national security interests, but the proceedings against Mr. Assange jeopardize journalism that is crucial to democracy. In our view, a precedent created by prosecuting Assange could be used against publishers and journalists alike, chilling their work and undermining freedom of the press.
Major news organizations share this concern. The charges against Assange have been condemned by virtually every major American news outlet, even though many of those news outlets have criticized Mr. Assange in the past.
In light of these concerns, and in light of the shocking new reporting on the government’s conduct in this case, we respectfully urge you to drop the ongoing appeal of Judge Baraitser’s ruling and to dismiss the indictment of Mr. Assange. Respectfully,
(in alphabetical order)
Access Now
American Civil Liberties Union
Amnesty International USA
Center for Constitutional Rights
Committee to Protect Journalists
Defending Rights & Dissent
Demand Progress Education Fund
Electronic Frontier Foundation
Fight for the Future
First Amendment Coalition
Free Press
Freedom of the Press Foundation
Human Rights Watch
Index on Censorship
Knight First Amendment Institute at Columbia University
National Coalition Against Censorship
Open The Government
Partnership for Civil Justice Fund
PEN America
Project on Government Oversight
Reporters Without Borders
RootsAction.org
The Press Freedom Defense Fund of First Look Institute
Whistleblower and Source Protection Program (WHISPeR) at ExposeFacts[/vc_column_text][/vc_column][/vc_row]
22 Jul 2021 | Academic Freedom, News and features, United States
[vc_row][vc_column][vc_single_image image=”117096″ img_size=”full” add_caption=”yes”][vc_column_text]A high school cheerleader has won an important victory for the right of students to express their opinions freely while off campus.
At the end of June, the US Supreme Court ruled eight to one that the rights of high school student Brandi Levy had been violated in a case dating back to 2017.
After failing to make the varsity cheerleading team, Levy had posted profanity-laced criticisms of the team roster on Snapchat while off campus at a local convenience store. The team captain kicked her off the junior varsity cheerleading team for a year as punishment.
The Supreme Court was asked to consider whether schools had the right to regulate off-campus speech; it ruled that her posts did not disrupt school operations so Levy’s rights had been violated. The court maintained that schools have a right to regulate speech in some “school-related, off-campus activities” without defining what that would look like.
David Cole, the legal director of the ACLU, called the ruling a victory for students, saying “the message from this ruling is clear – free speech is for everyone, and that includes public school students”. The director of the Pennsylvania ACLU, which represented Levy, characterised the precedent established by the ruling, saying they successfully argued that “students have greater free speech rights out of school and on their own time.”
Despite the nature of her comments, Levy was motivated to fight for her rights. She commented publicly that she was proud to have advocated for the rights of students saying, “young people need to have the ability to express themselves without worrying about being punished when they get to school”.
Recent graduates from Blake High School in Maryland broadly agree with the principle the court ruled on – that her speech did not disrupt the safety of the school.
Cole Shankel, class of 2023, said, “She’s overreacting… cheerleading is lame,” but added, “I don’t think public schools should be allowed to punish students for off-campus speech.”
Jeniffer Ventura, class of 2021, pointed out, “Being held accountable for your actions online is important,” expressing concern about online hate speech and racism affecting the safety and security of the community. Julian Kabik, also the class of 2021, stated simply, “If you are not making a deliberate threat online, then I don’t think you should be punished.”
This is the first student free speech case to favour students since the landmark 1969 case Tinker v Demois. The case considered students who had been suspended for wearing black armbands in protest at the war in Vietnam; the court ruled schools must show a substantial disruption to school operations, besides the speech being unpleasant, to restrict a student’s right to free speech.
The right of students to exercise free speech established in the case has been eroded by others since then. In 1986, Bethel v Fraser ruled that schools could regulate certain styles of expression if they were sexually vulgar. In 1989, in Hazelwood v Kuhlmeier, the court ruled schools had the right to regulate the content of school publications. In 2007, the Supreme Court ruled in Morse v Frederick that schools may restrict speech at or in view of a school-supervised event if it promoted illegal drug use. The US Court of Appeals Fourth Circuit Court in 2013 and Ninth Circuit Court in 2014 ruled a student’s dress could be restricted in two separate cases related to wearing the confederate flag or American flag, respectively. The courts ruled student dress had incited disruption, and the Supreme Court declined to hear both cases.
The Levy ruling has broken the trend in student speech law, affirming students’ off-campus rights and considering the role of extracurricular activities for the first time. A ruling against Levy would have further crippled the original 1969 ruling, allowing schools to restrict students based on their speech being unpalatable and extending a school’s authority to restrict student speech to include online and off-campus speech.
Despite this, the Levy ruling is not a decisive victory for American students’ right to free speech.
When students are on campus, schools act in loco parentis – they function in place of parents. This gives schools legal authority over minors’ rights while they are at school and formally gives all other authority over minors to their legal guardians. This doctrine and the fact that Levy was off campus when she made the posts was at the centre of the majority opinion’s arguments. Since the Levy ruling reaffirms the school’s on-campus authority over student’s rights, this aspect can be interpreted as an opening to further restrict student speech when on campus.
In questioning, some justices raised concerns about a school’s ability to punish off-campus speech that was threatening to other students. Other justices raised concerns of what schools would do with authority over off-campus speech that was politically controversial.
The justices’ questions indicate that they feel the issue of off-campus speech needs to be further unpacked. All but two of the justices are under the age of 70, and all three of former President Donald Trump’s appointments are under the age of 60. With the composition of the court being unlikely to change any time soon, the right of students to express themselves freely may yet be further eroded.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][three_column_post title=”You may also want to read” category_id=”581″][/vc_column][/vc_row]
27 Jan 2021 | News and features, United States
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Biden signs EO/White House/WikiCommons
President Joe Biden has signed a number of executive orders in the early days of his presidency that will impact upon free speech.
How the 46th president of the United States of America will be remembered in terms of protecting free speech will become apparent in the coming years. But, after four years of President Trump’s attacks on the media and introducing legislation that restricted a range of freedoms, the early days of the Biden’s administration have come as a welcome relief.
Of the more than two dozen orders signed, at least six will have ramifications for Americans in terms of their freedom of expression.
Index takes a look at how each will do just that.
Preventing and combating discrimination on the basis of gender identity or sexual orientation
Perhaps the most notable executive order signed in the last week is the order to prevent discrimination on the basis of sexual orientation or gender identity. Discriminatory bans on LGBT+ people can often stop them from speaking out.
The order says: “Children should be able to learn without worrying about whether they will be denied access to the restroom, the locker room, or school sports. Adults should be able to earn a living and pursue a vocation knowing that they will not be fired, demoted, or mistreated because of whom they go home to or because how they dress does not conform to sex-based stereotypes.”
The order will end the ban on transgender students competing in sports teams for their identified gender.
Commenting on the order, the American Civil Liberties Union (ACLU) said: “The ACLU urges the Biden administration to not only roll back Trump administration policies discriminating against transgender and non-binary people, but take action to more fully recognize transgender and non-binary people. The ACLU’s priority for the Biden administration is an executive order related to accurate ID documents.”
Rescinds the Trump administration’s 1776 Commission, directs agencies to review their actions to ensure racial equity
Trump planned so-called ‘patriotic education’ in America’s schools, which raised alarm over First Amendment issues concerning forcing schools to teach children in a certain way.
The 1776 commission, set up in September 2020 and signed by executive order in November, essentially explored which parts of American should be taught and how they should be interpreted.
Announcing the commission Trump said: “We must clear away the twisted web of lies in our schools and classrooms and teach our children the magnificent truth about our country. We want our sons and daughters to know that they are citizens of the most exceptional nation in the history of the world.”
Biden rescinded the commission – which was ridiculed by historians – on his first day in office in an executive order on advancing racial equity.
Inclusion of non-citizens in the Census and apportionment of congressional representatives
When President Trump signed an executive order to not include people in censuses based on their immigration status, some viewed this as an infringement of their 14th amendment rights.
This section of the American constitution grants citizenship to all “born or naturalised within the United States” and gives them “equal protection under the laws”.
To not recognise illegal immigrants via a census may imply such people are no longer afforded such protections, key to ensuring their right to liberty and free speech. Biden’s order reverses this.
Fortifies DACA after Trump’s efforts to undo protections for undocumented people brought into the country as children
A new order reinstates the policy known as DACA or the Deferred Action for Childhood Arrivals, which had been implemented during the Obama presidency.
DACA ensures those undocumented immigrants who arrived in the USA under the age of 16 could apply for a permit allowing them to work legally in the country, providing they have a high school diploma and (next to) no criminal record.
Trump rescinded the policy and subsequently his Department of Justice claimed information given by those applying for the permits could later be used against them to deport them, despite the act of declaring information on the form being part of a process of establishing their legal entitlements. This was a clear violation of the protection of their free speech.
Reverses the Trump administration’s restrictions on US entry for passport holders from seven Muslim-majority countries
The First Amendment protects the sharing of information and speech. Trump’s ban on citizens of seven predominantly Muslim countries was an obvious barrier to this.
The policy also raised questions over the respect of religious freedom and reached the Supreme Court in 2018, where it was upheld.
Dissenting voices at the time were expressed by Justice Sonia Sotomayer who – joined by Ruth Bader Ginsburg – said: “The United States of America is a Nation built upon the promise of religious liberty. Our founders honoured that core promise by embedding the principle of religious neutrality in the First Amendment. The Court’s decision today fails to safeguard that fundamental principle.”
When Biden reversed the policy on 20 January, the White House released a statement saying: “The United States was built on a foundation of religious freedom and tolerance, a principle enshrined in the United States Constitution.”
Biden overturns ban on transgender troops
One of the most controversial policies brought in under the administration of President Donald Trump was the ban on transgender members of the military.
Transitioning troops were previously required to be stable in their gender for a minimum of 18 months before being allowed to serve. Biden’s latest executive order eliminates this.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][three_column_post title=”You may also like to read” category_id=”5641″][/vc_column][/vc_row]
