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Student Speech Online: Can/Should Schools Punish It?

By |2024-08-02T13:05:22-04:00June 16th, 2011|Blog|

On Monday, June 13th 2011, the U.S. 3rd Circuit Court of Appeals ruled that two students who both created fake MySpace profiles parodying their school principals had been unfairly disciplined by their respective school districts. In both cases, the Court found that the schools had not shown that the students’ actions were sufficiently disruptive of school activities to justify disciplinary [...]

On M.F. Hussain, Free Expression, and Pluralism

By |2019-03-07T23:30:38-05:00June 13th, 2011|Blog|

Nudity in art appears to be controversial whether exhibited in a public space in the US, or created by India’s most renowned artist. And so is the artistic treatment of religious icons. India’s greatest contemporary artist, M. F. Hussain, died June 9th, 2011, at 95, still in self-imposed exile caused by the hundreds of legal cases filed against him in [...]

Chilling Effects on Social Media

By |2020-01-03T13:40:45-05:00June 8th, 2011|Blog|

Social media has reached a level of pervasiveness that cannot be ignored - and corporations are paying very close attention. Earlier this year, Goldman Sachs received flak for banning Facebook at work while investing $450 million in the company.  Perceived hypocrisy may have played a role, but acknowledging the chilling effect that corporate 'social media policies' have on free speech is another [...]

Protect IP Act Raises First Amendment Concerns

By |2024-10-30T10:59:29-04:00June 7th, 2011|Blog|

Senator Patrick Leahy (VT) has introduced the Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act of 2011 (PROTECT IP)  to replace last year’s failed Combating Infringement and Counterfeits Act (COICA). Supposedly a new and improved version of COICA, the PROTECT IP act is aimed at denying access to "pirate" or "rogue" websites "dedicated to infringing activities,” [...]

Protect IP Act Raises First Amendment Concerns

By |2024-10-30T10:59:30-04:00June 7th, 2011|Blog|

  Senator Patrick Leahy (VT) has introduced the Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act of 2011 (PROTECT IP)  to replace last year’s failed Combating Infringement and Counterfeits Act (COICA). Supposedly a new and improved version of COICA, the PROTECT IP act is aimed at denying access to “pirate” or “rogue” websites “dedicated to infringing activities,” especially [...]

The Recent Richard Prince Decision Tips the Scales Towards Copyright Owners

By |2020-01-03T13:40:37-05:00June 6th, 2011|Blog|

While paying lip service to the fact that fair use is the way in which the inherent tensions between the First Amendment and copyright law may be resolved, Judge Batts’s recent decision for the Southern District of New York in Cariou v. Prince preserved fair use protection for only those works that comment on or criticize the original copyrighted [...]

Recent Richard Prince Decision Tips Scales Towards Copyright Owners

By |2022-12-09T14:16:14-05:00June 6th, 2011|Blog|

While paying lip service to the fact that fair use is the way in which the inherent tensions between the First Amendment and copyright law may be resolved, Judge Batts’s recent decision for the Southern District of New York in Cariou v. Prince preserved fair use protection for only those works that comment on or criticize the original copyrighted work. While Batts [...]

Guest Blog: John Davis Malloy on the Smithsonian After Hide/Seek

By |2024-10-30T10:59:27-04:00May 11th, 2011|Blog|

It’s true that the Smithsonian’s Flashpoints and Faultlines forum was too late for Hide/Seek, but keeping the issues alive months after the exhibit closed may be the right timing for the future of this public institution. It was no surprise that in his welcoming remarks Wayne Clough described himself as having no choice but to censor the artwork.  Less expected [...]

Free Speech Happy Hour In June

By |2024-10-30T10:58:21-04:00May 11th, 2011|Blog|

Join us for a summer evening and mingle with your favorite civil liberties groups: NCAC, the Foundation for Individual Rights In Education, and the American Booksellers Foundation for Free Expression. It's sure to be a fun night so invite your friends too! There will be a cash bar and appetizers served. Thursday, June 16 · 6:30pm - 9:30pm At The [...]

CUNY Likely to Reverse On Kushner, But The Pattern Stands

By |2020-01-03T13:40:36-05:00May 9th, 2011|Blog|

A Seattle billboard removed by Clear Channel Outdoor It is appalling that the trustees of CUNY voted not to bestow an honorary degree on Tony Kushner, the acclaimed Pulitzer Prize winning playwright, because a trustee disagreed with his views on Israel. Denying him this honor solely because of his political views violates core First Amendment principles and is [...]

Clough Stands By Decision To Pull “A Fire In My Belly” From Hide/Seek

By |2024-10-30T10:58:18-04:00April 27th, 2011|Blog|

Despite concerns the Smithsonian's Flashpoints and Faultlines forum would be a bland showcase designed to obscure the institution's commitments to First Amendment principles instead of examining them, last night's opening panels included direct criticism from the dais of Smithsonian Secretary Wayne Clough's decision to censor David Wojnarowicz's "A Fire In My Belly" from the Hide/Seek exhibit at the [...]

Future Social Media Policy (and policy)

By |2024-08-23T20:02:17-04:00April 21st, 2011|Blog|

In his article "The Challenge of Developing Effective Public Policy on the Use of Social Media," John Palfrey, co-director of Harvard Law's Berkman Center for Internet & Society, discusses the problems that American youth face in the wake of increased online social media presence in his article. One of Palfrey's  concerns is balancing the desire to encourage “...digital-era youth media practices (for  instance, [...]

Christian Extremists Vandalize Art — Again and Again

By |2020-01-03T13:40:29-05:00April 20th, 2011|Blog|

Last October we reported about an incident at the Loveland Museum/Gallery in Colorado where a woman ripped into a lithograph after she busted the artwork’s plexiglass case with a crowbar. She did this because God told her to do it. In her explanation of the vandalism, Kathleen Folden refers to the similar destruction of Andres Serrano’s Piss Christ in Australia [...]

Reading Below the Fold, and Between the Lines

By |2020-01-05T23:15:54-05:00April 19th, 2011|Blog|

After a member of the La Salle University's faculty hosted an optional symposium with special guests (read: exotic dancers), the editors of the university's  paper The Collegian knew they had a story on their hands. One of the Collegian staff members interviewed two students who had attended the conference, as well as university officials and the professor himself.  But the [...]

NCAC and FAP Send Letter To Marin Civic Center re: Nudes Censorship

By |2024-08-26T11:19:38-04:00April 14th, 2011|Blog|

As blogged earlier this week, admins at the Marin Civic Center censored a painting of a nude female from an annual art show because an employee claimed it constituted sexual harassment. This morning, NCAC and the First Amendment Project sent Marin County a letter to show them the error of their ways. In it, we sought to explain that: [...]

Nudes In The News! Marin County Civic Center Censors Artist

By |2020-01-03T13:40:26-05:00April 12th, 2011|Blog|

The Marin County Civic Center has chosen to eliminate a nude painting by San Rafael artist Sylvia Cossich Goodman from a public exhibition. The full-frontal nude was accepted through what we can assume was a standard submission process, and was up in public for a week. So why take it down now? Because an employee complained it created "a hostile [...]

NCAC Calls For Release of Ai Weiwei

By |2020-01-03T13:40:25-05:00April 8th, 2011|Blog|

NCAC is adding to the global community of artists and institutions calling for the immediate release of the renowned Ai Weiwei, one China's most innovative and socially engaged creators. He was arrested at Beijing Airport this week for "economic crimes", and he alleges that in 2009 the security police attacked and beat him. Check out our call to [...]

Wanna Be Startin’ Somethin’? Create a Statue of Jackson With Child

By |2019-03-15T17:03:42-04:00April 8th, 2011|Blog|

A statue commemorating the time Michael Jackson dangled his baby son out of a Berlin hotel window was unveiled in London this week. L.A. artist Maria Von Köhler has received death threats for the statute, entitled "Madonna and Child".  Others have asked that the installation be removed. Enraged fan krazy4kitties asks, "This is disgraceful.  What kind of person would do [...]

Famous Art Censored For Sensitive Types

By |2020-01-03T13:40:25-05:00April 7th, 2011|Blog|

In response to the disturbing story of a woman who attacked a Gauguin at the National Gallery, Flavorwire Art Editor Marina Galpernia has helpfully compiled a photo set of great works modified for those with...delicate sensibilities: Thou shall not show your wiener to God, Adam. Even if Michelangelo’s God is emerging out of an embracing pile of amorous angels, he [...]

The Logic of the Censor

By |2016-01-15T10:43:44-05:00April 6th, 2011|Blog|

Susan Burns, the woman who tried to tear a Paul Gauguin painting off a wall at the National Gallery of Art in Washington, D.C., stated her reasons thus: “I feel that Gauguin is evil. He has nudity and is bad for the children. He has two women in the painting and it’s very homosexual. I was trying to remove it. [...]

Senators Call For Response to Idiotic Burning of Qur’an, But What Kind?

By |2024-10-25T12:24:22-04:00April 4th, 2011|Blog|

A couple weeks ago, Terry Jones finally gave into his burning desire to burn a Qur'an. Over the weekend, Afghans rioted over online video of the burning, resulting in the deaths of up to 20 people. General Petreus called the burning a "security threat" to the Afghan occupation, and Senators Harry Reid and Lindsay Graham have called for Congress to [...]

Can They Do That? Saggy Pants Edition

By |2019-03-15T15:27:26-04:00April 1st, 2011|Blog|

Perhaps you heard that the Arkansas State Legislature has banned students from wearing "clothing that exposes underwear, buttocks, or the breast of a female" at all school-related functions. So: Can they do that? Fire up the Free Speech Wayback Machine to 1969. In Tinker v. Des Moines Independent Community School District, the Supreme Court ruled that school authorities could not [...]

Voluntary Surveilance, Crowdsourced Censors

By |2020-01-03T13:40:20-05:00April 1st, 2011|Blog|

On Wednesday we featured an RSAnimate video about mutual knowledge as an essential element of dissent, as demonstrated by Wikileaks. Today we feature an RSAnimate on how authoritarian regimes can leverage dissent on the Internet for their own end: https://www.youtube.com/watch?v=Uk8x3V-sUgU The speaker, Evgeny Morozov, notes a few phenomena of interest. First, in China, how blogs critical of local governance are [...]

President of Maine College of Art Condemns Censorship of Maine Labor Murals

By |2024-10-25T12:24:48-04:00March 30th, 2011|Blog|

Update: As the Boston Herald reports, Democratic Rep. Chellie Pingree has issued a statement insisting that the Maine Department of Labor mural (removed in late March by order of Gov. Paul LePage), should be put back up in the Department so the state won’t have to repay to the federal government most of its $60,000 cost. She adds, "Public art [...]

Wikileaks and “mutual knowledge”

By |2020-01-03T13:40:14-05:00March 30th, 2011|Blog|

When it comes down to it, most of the documents in Wikileaks's Cablegate release refer to issues that had already been covered in the press. Did we really need Wikileaks to tells us that Mexico isn’t doing a great job combating corruption and cartels?  Or that the war in Afghanistan is going poorly?  Or that Pakistan and North Korea and [...]

Ideological Exclusion and Malalai Joya

By |2024-10-30T10:58:14-04:00March 29th, 2011|Blog|

Though the U.S. military has occupied Afghanistan for nearly a decade, we have rarely received the opportunity to hear about the lives of every day Afghans from the mouths of everyday Afghans. On the eve of one such opportunity, the book tour of Afghani activist and politician Malalai Joya, the State Department decided to deny her a visa. In 2007, Joya’s brave [...]

PFAW Releases Report On Hide/Seek Censorship

By |2024-08-02T16:37:46-04:00March 29th, 2011|Blog|

NCAC participating organization, People for the American Way, has developed a detailed summary of the events around Hide/Seek complete with suggestions as to "what to do next time." PFAW was one of the organizations who signed NCAC's joint letter to the Smithsonian Board of Regents

WEAR IT PROUD

By |2020-01-03T13:40:08-05:00March 28th, 2011|Blog|

Button brought back from the March 2011 Culture Wars symposium with the Corcoran and Transformer DC.

Maine Governor to Censor Labor Mural

By |2024-08-26T11:11:00-04:00March 24th, 2011|Blog|

Earlier this week, Maine Governor Paul LePage ordered that a mural in the Department of Labor depicting scenes from Maine’s labor be removed. Why? Because the mural “sends a message that we’re one-sided, and I don’t want to send that message.” Of course – why else would the Department of Labor have a mural of labor history, if not [...]

Victory Over Transnational Libel Case Brought Against Book Review

By |2020-01-03T13:40:06-05:00March 8th, 2011|Blog|

In a victory for academic freedom, the Tribunal de Grand Instance de Paris has ruled against a libel case brought against Prof. Joseph Weiler for  GlobalLawBooks.org's review of The Trial Proceedings of the International Criminal Court. ICTY and ICTR Precedents, by Dr Karin N. Calvo-Goller. The judge ruled that Calvo-Goller engaged in forum shopping by selecting France as the venue [...]

Highlights From Texas Prison System’s Banned Books List

By |2024-10-30T10:58:12-04:00March 4th, 2011|Blog|

The Texas Civil Rights Project has released a fascinating, detailed report on the nearly 12,000 books banned by the Texas Department of Criminal Justice from entering the state's prison system. The arbitrary nature of the list, including Shakespeare's sonnets and Fried Green Tomatoes at the Wistlestop Cafe, defies any security-based explanation. Check out the searchable Zoho spreadsheet to see if [...]

Our ever more private public spaces

By |2020-01-03T13:40:03-05:00March 1st, 2011|Blog|

The latest billboard controversy, around the removal of a billboard paid for by a Texas anti-abortion group from an advertising space in SoHo, owned by Lamar Advertising, comes as no surprise. In 2006 Lamar refused to run photographs by Polish artist Karolina Bregula that show same-sex couples holding hands. The photographs were to be displayed as part of a Real [...]

Rob Kall Post On Arrest And Bloodied Treatment Of Silent Hilary Clinton Protestor

By |2020-01-03T13:40:00-05:00February 25th, 2011|Blog|

(image from JusticeOnline) The audience stood to greet and applaud Secretary of State Hillary Clinton as she took the podium at George Washington University. But as the audience sat down again, a retired CIA analyst named Robert McGovern remained on his feet and calmly turned his back on Clinton in silent protest of her votes and policies regarding the wars [...]

Controversy Around 89 year Old Statue in Queens, NY

By |2019-03-13T15:37:32-04:00February 25th, 2011|Blog|

Unveiled in 1922, Frederick MacMonnies' Triumph of Civic Virtue was called sexist from the get go. And sexist it unarguably is (to an extent that it borders on a parody of sexism): Virtue is a club-wielding man, while Vice is two women being trampled beneath Virtue’s feet. The statue stirred up so much public debate that the city held a [...]

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