Category Archives: Free speech

Muzzle Awards follow-up: Two victories for free speech

awardAmong the New England Muzzle Award recipients I recognized last month at WGBHNews.org were Massachusetts Attorney General Maura Healey, for backing a ridiculous 70-year-old state law that banned political lying, and New Hampshire State Rep. Timothy Horrigan, a leader in the effort to outlaw the scourge of so-called ballot selfies.

This month, the courts agreed on both fronts.

According to Zack Huffman of Courthouse News Service, the Massachusetts Supreme Judicial Court struck down the anti-lying statute, with Justice Robert Cordy writing:

We conclude that [the statute] cannot be limited to the criminalization of fraudulent or defamatory speech, is neither necessary nor narrowly tailored to advancing the commonwealth’s interest in fair and free elections, and chills the very exchange of ideas that gives meaning to our electoral system.

It is now safe for the presidential candidates to campaign in Massachusetts.

In New Hampshire, U.S. District Judge Paul Barbadoro ruled that the ban on posting photos of a marked ballot could not be justified even though it was supposedly designed to eliminate bribery, with the selfie providing the proof needed that the person taking the bribe had voted as instructed.

The problem, Barbadoro noted, was that such fraud had not actually taken place in at least the past 100 years. In addition, Barbadoro ruled that the law “deprives voters of one of their most powerful means of letting the world know how they voted,” according to an account of the decision by Jeremy Blackman of the Concord Monitor.

The moral of these stories: Do not mess with the Muzzles.

WGBH News illustration by Brendan Lynch.

Also published at WGBHNews.org.

Presenting the 18th annual New England Muzzle Awards

Screen Shot 2015-07-02 at 1.40.06 PMFrom fast-food chicken chain Chick-fil-A to Massachusetts Attorney General Maura Healey, everyone, it seems, has got a problem with free speech.

Please have a look at the 18th edition of the New England Muzzle Awards — launched in 1998 at the late, great Boston Phoenix and now hosted exclusively by WGBHNews.org. The Campus Muzzles, as always, are helmed by civil-liberties lawyer Harvey Silverglate.

City workers can’t criticize Olympics. Or maybe they can.

There’s much more to be learned about this, obviously, but right now it’s unclear whether Boston city employees can or can’t criticize the Olympics bid.

Michael Levenson reports in The Boston Globe that Mayor Marty Walsh “signed a formal agreement with the United States Olympic Committee that bans city employees from criticizing Boston’s bid for the 2024 Summer Games.”

But Walsh says it doesn’t matter because it’s a “boilerplate” document. Or something. “I believe in free speech,” he added.

We are all Charlie


Je-Suis-Charlie-by-Jean-Julien-620x355

Muzzling the press, from Tsarnaev to Delauter

Previously published at WGBHNews.org.

The Frederick News-Post won the Internet Tuesday with a hilariously defiant editorial.

Faced with a threat by a city council member named Kirby Delauter to sue if his name was published without his permission, the Maryland newspaper responded with a piece headlined “Kirby Delauter, Kirby Delauter, Kirby Delauter” that repeated his name nearly 50 times and included his photo. And if that didn’t make the point sufficiently, the first letter of each paragraph spelled out “K-I-R-B-Y-D-E-L-A-U-T-E-R.”

Delauter’s ludicrous assault on the First Amendment was easily batted away. But not all matters involving freedom of speech and of the press are as amusing or as trivial. You need look no further than the Moakley Federal Courthouse in Boston, where the trial of accused Boston Marathon bomber Dzhokhar Tsarnaev is about to begin without the benefit of television cameras inside the courtroom.

Tsarnaev may be sentenced to die on our behalf — yet we are being denied the right to watch the justice system at work, a crucial check on the awesome power of government. Last year a WGBH News Muzzle Award was bestowed upon U.S. Supreme Court Chief Justice John Roberts for his opposition to cameras in federal courtrooms. Unfortunately, the situation seems unlikely to change anytime soon.

At least the ban on courtroom cameras does not explicitly violate the First Amendment. The same cannot be said of Maine District Court Judge Jeffrey Moskowitz, who on Monday ruled that the news media were prohibited from reporting anything said in court by the defendant in a domestic-violence case, a criminal defense lawyer named Anthony Sineni. Reporting on witness testimony was prohibited as well.

The Portland Press Herald published this article in defiance of the gag order, and reporter Scott Dolan writes that Moskowitz has called a hearing for later today — possibly to express his displeasure over the Press Herald’s actions, or possibly to acknowledge that he got it wrong.

The Supreme Court has ruled that nearly all gag orders such as Moskowitz’s are unconstitutional. “There is a 100 percent chance this order is unlawful,” said Press Herald lawyer Sigmund Schutz, who was quoted in a blog post by Justin Silverman, executive director of the New England First Amendment Coalition. “There is no question that the U.S. Supreme Court and other courts have been very clear, what occurs or is said in the court is a matter of public record.”

A different sort of gag order is preventing us from learning everything we might know about the death of Michael Brown, the black unarmed teenager who was fatally shot by Darren Wilson, a white police officer, in Ferguson, Missouri, earlier this year. Whether Wilson’s actions were justified or not, the incident helped expose the racial divide in Ferguson and sparked protests nationwide.

Now it turns out that a member of the grand jury that chose not to indict Wilson wants to speak, but is prohibited from doing so by a Missouri law that requires grand jurors to remain silent. The grand juror has filed suit against St. Louis County Prosecutor Robert McCulloch to be allowed to discuss the case.

Though it’s not clear what the grand juror has to say, a report by Chris McDaniel of St. Louis Public Radio offers some hints. Quoting from the lawsuit, McDaniel writes: “In [the grand juror]’s view, the current information available about the grand jurors’ views is not entirely accurate — especially the implication that all grand jurors believed that there was no support for any charges.” (McDaniel notes that grand jury decisions need not be unanimous.)

Though it is not unusual for grand jury members to be prohibited from speaking, the ACLU, which is assisting with the suit, says that in this particular case “any interests furthered by maintaining grand jury secrecy are outweighed by the interests secured by the First Amendment.” The Boston Globe today editorialized in favor of letting the grand juror speak.

What all of these cases have in common is the belief by some government officials that the press and the public should be treated like mushrooms: watered and in the dark. These matters are not mere threats to abstract constitutional principles. they are assaults on the public’s right to know.

Or as the Frederick News-Post so eloquently put it: Kirby Delauter! Kirby Delauter! Kirby Delauter!

 

Media freedom and human rights

Journalism about human rights is both important and dangerous. That was the message at the K. George and Carolann S. Najarian Lecture on Human Rights at Faneuil Hall, endowed by the Armenian Heritage Foundation and held Thursday night.

The lecture, titled “Truth to Action: Media Freedom,” featured Ray Suarez of Al Jazeera America and PRI; Boston Globe investigative reporter Stephen Kurkjian, who’s also an adjunct professor at Northeastern University; and Thomas Mucha, editor of the Boston-based international news agency GlobalPost.

To see a Storify of live tweets about the event, please click here.

What New Haven could teach Ferguson about police video

WGBHNews.org has posted an excerpt from “The Wired City” about a controversy over citizens’ video-recording police that played out in New Haven in 2010 and ’11 — relevant given the ongoing violence in Ferguson, Missouri, and the vital role of citizen video in documenting what is taking place on the streets.

As I tried to show, the New Haven Independent’s repeated coverage of the controversy helped lead to a number of reforms, including statements from the mayor and the police chief in support of the right to record; a training session at the city’s police academy; and a bill in the state legislature that didn’t pass but that served further to raise consciousness about the issue.