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Category: RWU Law School

First Amendment lets officials mute but not block Twitter critics

First Amendment lets officials mute but not block Twitter critics

Jenna Wims Hashway, professor of legal practice at the RWU School of Law: Public agencies and officials run afoul of First Amendment protections if they block Twitter followers for criticizing them. But those First Amendment arguments are moot if those government officials simply hit “mute.” That’s the upshot of a recent ruling by U.S. District Court Judge Naomi Reice Buchwald, who said that President Trump’s decision to block Twitter followers for their political views represented a violation of the First Amendment….

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Alex Jones might not find refuge in First Amendment

Alex Jones might not find refuge in First Amendment

Edward Fitzpatrick, RWU director of media and public relations, a New England First Amendment Coalition and Common Cause Rhode Island board member, and a former Providence Journal columnist: The First Amendment protects a lot of outlandish, hateful speech. It protected the right of Westboro Baptist Church members to hold anti-gay protests at the funerals of fallen soldiers. And it protected the right of neo-Nazis to march through the Chicago suburb of Skokie where many Holocaust survivors lived (they ended up…

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Infowars Goes to War with the First Amendment

Infowars Goes to War with the First Amendment

David A. Logan, professor of law and former dean of the RWU School of Law, who has studied and written extensively about First Amendment issues: The malicious spreading of rumors, masquerading as fact, well predates the Internet, but the ubiquity and speed of electronic communications, and the tendency of social media to provide amplification, has made the problem exponentially more dangerous to the “marketplace of ideas.” Perhaps there is no better example of that cancer on public discourse than Infowars,…

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Janus v. AFSCME and “Weaponizing the First Amendment”

Janus v. AFSCME and “Weaponizing the First Amendment”

Michael J. Yelnosky, dean of the RWU School of Law and professor of law: On June 27, the U.S. Supreme Court announced its 5-4 decision in Janus v. AFSCME. The majority held that the First Amendment prohibited the enforcement of ubiquitous provisions in collective bargaining agreements between public sector labor unions and government employers requiring all employees represented by the union to pay their share of the costs the union incurs when bargaining with the employer on their behalf. In doing…

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Discovering Trump

Discovering Trump

David A. Logan, professor of law and former dean of the RWU School of Law, who has studied and written extensively about First Amendment issues: Reporters, like litigators, spend much of their time talking with people and slogging through documents, trying to establish what happened. For lawyers, this tedious but essential work is called discovery. Right now, teams of lawyers across the country, representing both the government and private citizens, are doggedly “discovering” evidence to determine whether Donald Trump, as a businessman…

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Masterpiece Cakeshop ruling: No Constitutional Right to Discriminate (For Now)

Masterpiece Cakeshop ruling: No Constitutional Right to Discriminate (For Now)

Jared A. Goldstein, RWU law professor who teaches constitutional law and former U.S. Department of Justice attorney: By cutting a narrow slice of the wedding cake case, the U.S. Supreme Court has created little new law, meaning there remains no constitutional right to discriminate – at least for now. On June 4, the U.S. Supreme Court issued its long-awaited decision in Masterpiece Cakeshop v. Colorado Civil Rights Commission – the case of a cake shop owner who refused to bake a…

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Farce and tragedy of 38 Studios warrants full disclosure

Farce and tragedy of 38 Studios warrants full disclosure

Edward Fitzpatrick, RWU director of media and public relations, a New England First Amendment Coalition and Common Cause Rhode Island board member, and a former Providence Journal columnist: It is our Watergate. The 38 Studios debacle might not have produced a constitutional crisis or a legal battle (over the Nixon White House tapes) that went all the way to the Supreme Court of the United States. But Curt Schilling’s ill-fated video-game venture certainly produced a monumental crisis here in Rhode…

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Sinclair script unintentionally undermines trust, underscores dangers

Sinclair script unintentionally undermines trust, underscores dangers

Edward Fitzpatrick, RWU director of media and public relations, a New England First Amendment Coalition and Common Cause Rhode Island board member, and a former Providence Journal columnist: The bad news is that local TV news anchors from coast to coast stared into the camera and read from a script, parroting the “fake” news mantra of a press-bashing president. The good news, such as it is, is that perhaps there was no better way to vividly illustrate a largely academic debate…

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Media centralization imperils marketplace of ideas

Media centralization imperils marketplace of ideas

David A. Logan, professor of law and former dean of the RWU School of Law, who has studied and written extensively about First Amendment issues: Our country loves its myths, and one is that our newspapers exist to “comfort the afflicted and afflict the comfortable.” This romantic notion of the independent commentator may never have been accurate, as for many years the political bent of media outlets was transparent (indeed, sometimes even paid for!). And you don’t need to have a degree…

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Weather Forecast for March 25: Stormy on 60 Minutes?

Weather Forecast for March 25: Stormy on 60 Minutes?

David A. Logan, professor of law and former dean of the RWU School of Law, who has studied and written extensively about First Amendment issues: While CBS’ 60 Minutes is apparently deciding whether to use its March 25 broadcast to air an interview with “adult film star” Stormy Daniels, who claims to have had an affair with Donald Trump and was paid $130,000 to keep quiet about it, the legal threats raised by Trump-affiliated lawyers are undoubtedly causing the network to…

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