News

Anti-Bullying Legislation: Good Intentions, but…

By |2020-01-03T13:43:11-05:00September 1st, 2011|Blog|

A New Jersey state law coming into effect today (Sept 1st)  is considered the “toughest legislation against bullying in the nation”. It may, however, also prove to be dangerously overbroad and stifle student speech on a variety of topics. Called the Anti-Bullying Bill of Rights, the law was adopted in the aftermath of the suicide of a Rutgers University student [...]

In Banning Books School DIstricts Betray Students

By |2020-01-03T13:43:09-05:00August 26th, 2011|Blog|

As Banned Book week approaches it appears that the book censors are in competition to suppress some the most interesting and recognized authors and books! Buckling under pressure from vocal individuals with narrow ideological agendas, school districts are betraying their primary responsibility: to provide young people with a quality, wide-ranging education and help them develop into thinking members of society. [...]

The Privacy Network

By |2024-10-30T10:59:35-04:00August 3rd, 2011|Blog|

As Facebook continues to dominate the social media sphere, new competitors emerge to challenge the weaknesses apparent in its design.  One of the most recent of this breed is the social networking site Pidder. Drawing on fears of data-mining and even “social media background checks”, Pidder focuses on privacy protection to a user-unfriendly extreme. After using Pidder we concluded [...]

Truly Free Speech Protects Kids From Bullying

By |2024-08-02T16:38:52-04:00July 29th, 2011|Blog|

Photo by rosipaw on Flicrk This week, Stephanie Mencimer at MotherJones.com reported on horrifying cases of harassment and suicides in the Anoka-Hennepin schools  of Minnesota, in Rep. Michelle Bachman’s district. The article, published within days of a suit filed against the district by the Southern Poverty Law Center, has further mobilized advocates calling for expanded anti-bullying policies and [...]

Hazelwood: A Student’s Perspective

By |2020-01-03T13:42:59-05:00July 15th, 2011|Blog|

Two years ago I sat upon the graduation stage to receive a diploma that would end my 13-year relationship with the public school I attended since kindergarten.  As a member of a class of 125 students, this day symbolized endless shared memories and a common identity between us.  Out of the five speeches given, the three student speakers [...]

Victory in Richland, WA! “…Part-Time Indian” Restored To Curriculum

By |2019-03-15T17:05:12-04:00July 12th, 2011|Blog|

The Richland, WA school board has overturned a previous vote that removed Sherman Alexie's award-winning Absolutely True Diary of a Part-Time Indian from the district's high school curriculum. The book will now be available to all high school classes! NCAC congratulates the board members who reversed their previous votes, after reading the book for themselves. According to the Richland News [...]

ICAN(N) Censor

By |2020-01-03T13:42:58-05:00July 12th, 2011|Blog|

In late June the Internet Corporation for Assigned Names and Numbers (ICANN), the international body that oversees the Internet address system, announced that it approved new generic top-level domain names (gTLDs). There are currently 22 general top-level domain names (.com, .org, .net, etc.), however this vote means that there will be an indefinite number. One of the myths [...]

It’s About Time We Have “The Video Game Talk”

By |2024-08-02T16:46:21-04:00July 8th, 2011|Blog|

Last Monday the Supreme Court ruled 7-2 to strike down a California law that banned the selling of violent video games to minors. The Supreme Court ruled that video games are allowed the same protection under the first amendment as books, plays, and movies. The ruling also distinguished the California statute from the Ginsburg vs. New York decision, in which [...]

Reassessing “Decency”

By |2024-08-26T13:54:19-04:00July 1st, 2011|Blog|

On Monday, June 27th, the Supreme Court announced that upon returning from its summer recess in October, it would revisit the Federal Communication Commission's rule that allows it to fine broadcasters for “indecency.” Last year, the New York-based 2nd U.S. Circuit Court of Appeals ruled that the FCC was violating broadcasters' free-speech rights. The Court also stated that [...]

Sorrell Means Business

By |2024-08-02T16:46:20-04:00June 29th, 2011|Blog|

Last week’s Supreme Court decision in Sorrell v. IMS Health Inc.  signified a subtle yet important shift in commercial speech interpretation that may precede increased corporate strength in the legal arena.  The opinion, by Justice Kennedy, argues that Vermont did not have grounds to ban pharmaceutical data-mining as it is a form of non-deceptive commercial information-sharing that is [...]

Security For Whistleblowers

By |2024-08-23T20:02:26-04:00June 29th, 2011|Blog|

In the wake of the Wikileaks controversy, the Obama administration has increased its efforts to punish government officials accused of leaking classified information to the news media. While the Justice Department has the right to hold FBI, NSA and CIA employees to the confidentiality agreements in their contracts and keep certain information classified, these initiatives are undermining First [...]

Free to Speak or Free to Seize?

By |2024-08-02T16:46:19-04:00June 24th, 2011|Blog|

A recent surge in vulnerability to search and seizure, despite protection under the Fourth Amendment, is creating a climate of fear of punishment for constitutional free expression.  Multiple stories this week share the theme of government interpretation of the Fourth Amendment infringing on the rights of the public.  If professionals and the public must live in fear of [...]

Doin’ the Love Game

By |2024-10-30T10:59:32-04:00June 23rd, 2011|Blog|

The Electronic Entertainment Expo (E3) is known for exhibiting a panoply of video game products and innovations, so IGN blogger Michael Tomeson recently quested to find video games dealing with sex. Despite a medium that presents simulated activities ranging from invading Normandy to designing entire civilizations, Tomeson noted the continuing informal ban on sexual content within the mainstream game market. [...]

Needing the Dark to Find the Light

By |2020-01-03T13:42:45-05:00June 17th, 2011|Blog|

A recent article by Meghan Cox Gurdon in the Wall Street Journal argues that the grim, gory, and dark shadow cast over the genre of young adult literature is inappropriate for its target readers.  This controversial review exposes the fear of many parents who worry about children’s exposure to realities believed to be too mature. Cox Gurdon suggests that free [...]

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 |2025-01-29T12:57:44-05:00April 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. [...]

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