“The bill criminalizes the “improper treatment of objects of significant religious importance to religious communities.” The prohibition marks a sea change in a country where no one has been convicted of blasphemy since 1946, and successive governments have defended freedom of expression following newspaper Jyllands-Posten’s publication of cartoons depicting the prophet Muhammad in 2005.
The Danish change of heart can mostly be traced to Rasmus Paludan, an anti-Muslim bigot and far-right activist, whose favorite pastime consists of burning Qurans around the country. These Quran burnings have not only led to violence and terrorist threats from religious extremists but also concerted intimidation from the 57 member states of the Organisation of Islamic Cooperation (OIC), which has worked to protect Islam from what they term “defamation” since the publication of Salman Rushdie’s The Satanic Verses in 1988.
A plurality of Danes support the bill. After all, why should they risk terrorist attacks and economic sanctions due to the antics of a widely despised extremist whose ideas and actions are off-putting even to secular non-muslims? Many Danes feel there are better and more sophisticated ways to criticize a religion than torching books.
But it is precisely the tolerance of the most offensive ideas put forth by the individuals most despised by polite society that is the true measure of the civic commitment to free speech. Once you abandon principle for expediency, it establishes a precedent that incentivizes demands for further concessions.
Using violence and diplomatic coercion, religious extremists and the OIC have established that even in liberal democracies, religions and their followers are entitled to special legal protection that trumps individual freedoms. No doubt the Danish prohibition will form the tip of the spear in the OIC’s global campaign to purge “blasphemous” content.”
“French adds that “the case is no slam dunk.” But “if a prosecutor believes—as Smith appears to—that he can prove Trump knew his claims were false and then engineered a series of schemes to cajole, coerce, deceive and defraud in order to preserve his place in the White House, it would be a travesty of justice not to file charges,” he writes.”
“contrary to the city’s insistence, drag shows are clearly protected speech. “There is no question that governments have a legitimate interest in protecting children from genuine obscenity. But the City has not provided a shred of evidence that would implicate that legitimate interest. Moreover, that legitimate interest ‘does not include a free-floating power to restrict the ideas to which children may be exposed. Speech that is neither obscene as to youths nor subject to some other legitimate proscription cannot be suppressed solely to protect the young from ideas or images that a legislative body thinks unsuitable for them.'”
Attempts at banning drag shows have become increasingly popular across the country, often with public officials citing the apparent “obscenity” of the performances, especially those that allow children to attend. However, this latest injunction shows yet again that drag performances are protected speech and that local governments, public colleges, and other state actors have no legal basis for attempting to restrict them.”
“” Professors are not mouthpieces for the government. For decades, the Supreme Court of the United States has defended professors’ academic freedom from governmental intrusion,” Joe Cohn, legislative and policy director at the Foundation for Individual Rights and Expression (FIRE), tells Reason. “As the Supreme Court wrote in Keyishian v. Board of Regents: ‘Our Nation is deeply committed to safeguarding academic freedom, which is of transcendent value to all of us and not merely to the teachers concerned. That freedom is therefore a special concern of the First Amendment, which does not tolerate laws that cast a pall of orthodoxy over the classroom.'”
“Unfortunately, Rufo’s ideas aren’t hypothetical. In recent months, several legislative efforts—most notably in Florida—have attempted to quash professors’ academic freedom. “Legislative initiatives like the STOP Woke Act and HB 999 seek to use the power of the state to shut down speech and scholarship on politically disfavored views,” adds Cohn. “These efforts cannot be squared with our longstanding national commitment to academic freedom.”
An argument supporting censorship in the name of “the pursuit of truth as the telos of America’s public universities,” as Rufo claimed, is ultimately shortsighted. Not only does Rufo fail to see how the powers he would give the government could be wielded against his ideological allies, but he also fails to see how censorship ultimately runs counter to the same American values he claims to support.
“Professors must be able to teach, conduct research, and publish scholarship without fear of viewpoint-based retribution from the government,” says Cohn. “And students must be able to learn from faculty who are not muzzled by the state.””
“Signed into law by Republican Gov. Ron DeSantis in April 2022, the law prohibits private employers and university professors from endorsing certain concepts related to race and other categories of identity. The statute drew lawsuits almost immediately. A number of employers and a diversity consultant challenged a provision that says private employers may not require employees to attend a training or activity that promotes any of eight listed concepts.
Chief U.S. District Judge Mark E. Walker, writing for the U.S. District Court of the Northern District of Florida, Tallahassee Division, then issued an injunction against enforcing that provision. “Normally, the First Amendment bars the state from burdening speech, while private actors may burden speech freely,” Walker wrote. “But in Florida, the First Amendment apparently bars private actors from burdening speech, while the state may burden speech freely.”
In November, Walker issued another injunction, this one blocking a similar section of the law that applies to university professors. He accused the state of essentially arguing that “professors enjoy ‘academic freedom’ so long as they express only those viewpoints of which the State approves,” a position Walker described as “positively dystopian.”
“The First Amendment does not permit the State of Florida to muzzle its university professors, impose its own orthodoxy of viewpoints, and cast us all into the dark,” he concluded.
It is this November injunction the 11th Circuit just left in place.
“Conservatives who cheer on the Florida law should consider what liberal states—or, for that matter, a Democratic-controlled Congress—could do if allowed to engage in similar regulation,” Ilya Somin, a law professor at George Mason University, warns at The Volokh Conspiracy. “The same powers that Florida uses to target ‘woke’ employer speech can just as easily be used against conservative employers.””
“”If Section 230 does not apply to how YouTube organizes third-party videos, petitioners and the government have no coherent theory that would save search recommendations and other basic software tools that organize an otherwise unnavigable flood of websites, videos, comments, messages, product
“While college campuses are chock full of particularly mind-numbing misunderstandings of the First Amendment—from students and administration alike—the example that takes the cake this year comes from Yale Law School, where student activists disrupted a Federalist Society event discussing civil liberties.
As Foundation for Individual Rights and Expression (FIRE) attorney Zach Greenberg wrote, “Protesters banged on walls, stomped on the ground, chanted ‘Fuck you FedSoc,’ and screamed at the panelists…. The cacophony persisted for the majority of the event, and though panelists struggled to project their voices over the noise, the audience remained largely unable to hear them.”
The activists’ actions comprised a “heckler’s veto”—a form of unprotected speech where the heckler prevents someone from exercising their free speech rights by physically preventing them from being heard. However, the activists didn’t seem to care. When students were told their actions violated Yale’s free expression policies, a chorus of students insisted that “This is free speech.””
“A.B. 2098, which threatens to punish physicians for sharing COVID-19 “misinformation” with their patients. The law, which is scheduled to take effect on January 1, defines “misinformation” as advice “contradicted by contemporary scientific consensus”—an open invitation to suppression of constitutionally protected speech.”
” The new law..makes physicians subject to discipline for sharing their honest opinions regarding COVID-19 if the medical board thinks they deviate from the “scientific consensus,” a term the law does not define. That nebulous standard poses a due process problem, since the law does not give doctors fair notice of which conduct it reaches. It also poses a free speech problem, since it encourages self-censorship.”
“While some unconventional opinions may amount to quackery, others may ultimately be vindicated. Over the course of the COVID-19 pandemic, the conventional wisdom on subjects such as intubation of patients, the utility of cloth face masks, isolation periods, and the effectiveness of vaccines in preventing virus transmission has shifted repeatedly in response to emerging evidence.
In addition to violating doctors’ freedom of speech, A.B. 2098 undermines that discovery process. It tells skeptical physicians to keep their mouths shut, lest they endanger their licenses and livelihoods by candidly sharing their opinions.”