CalAware Today

County: Speakers Needn't ID Themselves After All

The Orange County Board of Supervisors' written advisory to citizens wishing to speak at its meetings is that they must first state their name and city.  But when this rule is questioned on free speech grounds, officials say it's only voluntary, reports the Voice of OC.

American Canyon Mayor Gags ‘Personal Attack’

By Anne Lowe

American Canyon City Council's frequent critic, Marianne Young, says she may pursue legal options after her comments to the council were cut off at a recent meeting.

Vehement City Hall Gadfly Ordered to Stay Away

By Anne Lowe

A frequent visitor to—and critic of—San Jose City Hall, perceived as a threat after repeated aggressive behavior,  has been ordered to stay well away from city officials despite his effort to challenge the ruling under the First Amendment.

Condo Association Drops Ban on Political Signs

By Anne Lowe

FREE SPEECH – A San Francisco homeowner’s association recently avoided a lawsuit by the American Civil Liberties Union (ACLU) by withdrawing its ban on the posting of political signs by a condominium resident.

Santa Monica Council Mulls Noise Restrictions

By Anne Lowe

FREE SPEECH – City council members in Santa Monica are considering placing restrictions on decibel levels at the popular Third Street Promenade to control the level of noise produced by musicians on the street—without banning loud music altogether.

National Parks End Barriers to Small-scale Speech

By Anne Lowe

FREE SPEECH – The National Park Service announced October 14 it will be lifting its permit requirement for small-scale First Amendment activities at all national parks after a court found its regulations to be unconstitutional, in a case involving the distribution  of religious pamphlets in a "free speech area" at Mount Rushmore.

Government Whistleblowers: What Free Speech?

By Anne Lowe

WHISTLEBLOWERS/FREE SPEECH – Government employees are only entitled to First Amendment protection for what they say under certain circumstances, an article in this month's issue of California Lawyer says—namely, when they step outside their jobs to speak up as citizens.

Educator Held Personally Liable for Expulsion

By Anne Lowe

FREE SPEECH – A former public university president who summarily expelled a student without notice in retaliation for his criticism will be held personally liable in damages for violating the student’s due-process rights, a federal court has ruled in an unprecedented decision.

Free Speech Suit Against College Thrown Out

Anne Lowe

FREE SPEECH – A lawsuit challenging the Los Angeles Community College District’s sexual harassment policy, alleging violations of the First Amendment, was dismissed by the U.S. Court of Appeals Friday, because the student bringing the case to court failed to show how anything he said or did could have triggered sanctions under the policy.

Court: 'Don't Ask/Tell' Policy Is Unconstitutional

By Anne Lowe

FREE SPEECH -- A policy that precludes openly gay people from serving in the military was found to be unconstitutional by a federal judge in Riverside Thursday.

Court: Tattooing Merits Free Speech Protection

By Anne Lowe

FREE SPEECH -- Tattoo parlors must now be allowed access to commercially zoned areas of Hermosa Beach following a decision by the U.S. ninth Circuit Court of Appeals that granted tattooing First Amendment protection. 

Court: Bogus Heroes' Lies Steal Nobody's Valor

FREE SPEECH -- Josh Gerstein, writing for Politico's Under the Radar column, comments on today's 2-1 decision by the U.S. Ninth Circuit Court of Appeals that Congress's Stolen Valor Act violates the First Amendment by criminalizing lies—"I won this military medal"—that cause no evident harm. As earlier argued here, this is the correct decision. 

California Officials’ Tin Ear for Religious Speech

FREE SPEECH -- The California Court of Appeal has decided, in Snatchko v. Westfield LLC, that the owner of a shopping mall called the Roseville Galleria, north of Sacramento, violated the speech rights of a Christian youth pastor when its staff turned him over to police for having a religious conversation with two other mall patrons. The decision is significant statewide for several reasons.

Court: Public Campus Student Groups Open to All

FREE SPEECH/ASSOCIATION -- The U.S. Supreme Court today held that a public university can require that officially sanctioned and supported student groups allow ''all comers'' in order to receive the benefits of formal recognition. Such a requirement, a 5-4 majority led by Justice Ruth Bader Ginsburg decided, does not violate the First Amendment's guarantees of freedom of speech or association, reports Chris Geidner for MetroWeekly.

'Disruptive' Nazi Salute Leaves Judges Skeptical

FREE SPEECH -- "An attorney representing the city of Santa Cruz was hard pressed Tuesday to explain to a rarely convened panel of the 9th U.S. Circuit Court of Appeals what constitutes a disruption worthy of being forced from a public meeting," reports J.M Brown in the Santa Cruz Sentinel. Several judges didn't seem to think a fleeting Nazi-style arm salute from the sidelines qualified.

Flag T-shirt Trio's Parents Sue District, Officials

FREE SPEECH -- The parents of three of the four boys who were sent home from Live Oak High School for wearing shirts depicting the American Flag on Cinco de Mayo filed a lawsuit today against the Morgan Hill Unified School District, Principal Nick Boden and Assistant Principal Miguel Rodriguez for violating their First and Fourteenth Amendment rights, reports Lindsay Bryant in the Morgan Hill Times.

Protest Nazi Salute Case Re-heard by Ninth Circuit

FREE SPEECH -- "Robert Norse's Nazi salute lasted fewer than five seconds before he was removed from the Santa Cruz City Council meeting in handcuffs, notes Paul Elias for the Associated Press. "But the Santa Claus-bearded gadfly's free speech lawsuit against the city has lasted more than six years and may be destined for the U.S. Supreme Court."

City Will Undo Its Windshield Leaflet Littering Ban

FREE SPEECH -- San Clemente city officials say they will abide by a federal appellate court ruling that the city's ban on leafleting windshields on parked cars violates the First Amendment. But they call the outcome a victory because they weren't ordered to pay the challenger's attorney fees, reports Fred Swegles for the Orange County Register.

Muslim Student Group Punished for Speech Fracas

FREE SPEECH -- The Muslim Student Union at UC Irvine is to have its official recognition suspended for a year for masterminding the orchestrated disruption of a speech by the Israeli ambassador earlier this year, report Deepa Bharath and Ellyn Pak for the Orange County Register.

Court OKs L.A. Law on Billboards, 'Super Graphics'

FREE SPEECH -- The Ninth U.S. Circuit Court of Appeals yesterday ruled that a Los Angeles city ordinance regulating the use and placement of billboards and "super graphics" covering entire building walls is constitutional, and threw out a district court order enjoining enforcement of the law, reports Sheri M.Okamoto for the Metropolitan News-Enterprise in Los Angeles.

The Skin As Canvas: Can These Artists Be Exiled?

FREE SPEECH -- "In the wide panorama of human rights violations, the question just presented before the 9th Circuit Court of Appeals may not be that urgent, but it sure is interesting," says FindLaw blogger Tanya Roth. "The essence of the case of Anderson v. Hermosa Beach is this question: Is tattooing a form of free expression granted protection under the First Amendment?"

Grants Offered for Campus Free Speech Programs

FREE SPEECH -- Given the difficulty some community college boards and administrators seem to have in grasping basic free speech concepts, the relevant faculty members may wish to apply for this grant to bring First Amendment experts to campus for general enlightenment.  But act soon; deadline to apply is June 1.

Public Housing Tenant Wins Right to Speak Out

FREE SPEECH -- California resident Julie Waltz's long fight for free speech for opponents of state subsidized housing policies came to a victorious conclusion today, when the California Department of Fair Employment and Housing agreed to implement the "Julie Waltz First Amendment Policy," reports the Center for Individual Rights.

Another Speech-Free Campus in the Making

FREE SPEECH -- The Peralta Community College District in Oakland is considering guidelines to limit where and how groups can speak on campus, prompting outrage from employees and students who say the proposed rules would restrict free speech, reports Matt Krupnick in the Contra Costa Times.

Kagan Wants 'Radical Change' in Speech Doctrine?

FREE SPEECH -- Jay Gaskill, former Alameda County Public Defender and now a blogger on legal and political issues, says he is "now persuaded, subject only to a searching inquiry in which the nominee convincingly testifies to the contrary, that E. Kagan cannot be safely confirmed as our next Supreme Court Justice. Based on the latest available information about the nominee's judicial philosophy, reasonable legal minds (mine included) are persuaded that as a Supreme Court Justice, Ms. Kagan can be expected to work tirelessly to secure the votes to implement a radical change in the high court's approach to free speech cases."

Palo Alto Beggar Tried for Sitting While Soliciting

FREE SPEECH -- Should a panhandler be allowed to sit down as he begs passersby if standing up would be hazardous to his health?  A case going to trial in Palo Alto challenges a city ordinance that, in effect, says no sitting and no exceptions for medical reasons. 

Court: No Soliciting Donations inside LAX Terminal

FREE SPEECH -- The California Supreme Court today upheld a Los Angeles International Airport ordinance barring Hare Krishnas from soliciting donations within airport terminals, reports Will Buchanan for the Christian Science Monitor.  They can speak about their beliefs inside, but not seek money.

City Attorney Sues Anonymous Irritators for Libel

FREE SPEECH --  Patterson City Attorney George Logan has filed a libel lawsuit against an anonymous group of locals behind the Patterson IrriTator website, who refer to themselves collectively and individually as Fred Ross, reports Kendall Wright in the Patterson Irrigator.

Three Asked, Got Access to Jerry Brown Archives

PUBLIC INFORMATION -- "Democratic gubernatorial candidate Jerry Brown has quietly granted access to at least three people who requested to dig through more than 2,000 boxes of records documenting his two terms as governor, from 1975 to 1983," reports Chase Davis for California Watch.  Brown's people say no one else has asked.

Court to Consider Hate Speech at Funeral Rites

FREE SPEECH -- "Few recent confrontations have stirred as much emotion and debate as the spate of protests conducted at funerals for U.S. soldiers killed in the wars in Iraq and Afghanistan. Today, the Supreme Court agreed to take up one of the cases stemming from those protests, a hot-button First Amendment dispute that will be argued in the fall," reports Tony Mauro in the Blog of LegalTimes.