Tag Archives: freedom

Dakota Access Pipeline & First Amendment

Written in the Bill Of Rights under the 1st amendment is freedom of speech. Included in this freedom of speech is, the right to have freedom of the press, and freedom of peaceable assemblies. Reporters see this as their right to give news reports on what they call the truth, but the government sees it as rioting and as of late, has been putting these reporters in jail or giving out tickets for trespassing. The North Dakota Access Pipeline as of late has been a very hot and controversial issue in our nation. It was a very big topic regarding our debates and president elections back in 2016. With Trump in control, we are likely to see this pipeline passed and built. This has gotten people all across the country riled up. Many people have traveled nationwide to protest in the Dakotas. Saying that it is land we owe to the SIoux and it is unavailable to build on.  Others think it is better for our economy and will lead to more jobs. Being one of the biggest controversies in our country right now, we also have the debate whether or not it infringes on the rights of the first amendment.  Part of that first amendment is, freedom of the press, the right to be protected as press for your work. As long as that work is not ‘fake news’. News teams have been going on to private land and giving reports on the pipeline and their protests. Some of these reports have given certain reporters a ticket from the police or even a spot in jail. The reason behind this is that they are trespassing on someone else’s land. The question behind this all is are they giving these reports unwarranted as a ‘rioting-like protest’  response to Trump’s new order or simply just doing news coverage.

I am neutral on this discussion, though. I believe that the pipeline was a good decision passed by President Trump and it will benefit our nation in many ways. I do not think the protesting by citizens will do anything though and all it is is a waste of their time. From the standpoint of the press vs. the government, I see both sides. The press is, in a way, protesting by giving these stories as most often given from the negative side of the pipeline, leaving out the possibilities the pipeline has to offer. This is seen by the government a form of protesting, falling under the category of rioting, which results in a ticket or if necessary, jail. To avoid the problems for both sides of the argument, reporters can give news on public land and give news more neutralized. Staying off private land avoiding the ticket, and making all sides happy by delivering news that is equalized.

Confederate Flags Are Banned From Schools

Defenders of the Confederate flags demands that it symbolizes the heritage, not hate. Many other Americans see it as an emblem of white supremacy. Freedom of speech is one of the most important facets of our democracy, we as individuals wear these symbols to protest a school policy that prohibits them. So should students be allowed to wear Confederate symbols at school, or should the school limit the freedom of speech? A peaceful student who attended at a Virginia High School demonstrated his view with confederacy, which ended with school administrators suspending twenty three students for wearing clothing with the Confederate flag. According to school officials, other students, and parents, this violated the school’s dress code.

The other big issue is that Students are banned from wearing any clothing that could possibly reflect negatively on someone due to their race, which specifies that any clothing with Confederate symbols would fall into that category. Based on the school’s recent experiences with displays of the Confederate flag, it’s likely to disrupt schoolwork, by exacerbating racial hostilities leading to fights and similar disruptions. Speeches will lead to violent attacks on the speaker, unless an outright riot is looming. School administrators should be free to prevent substantial risks of material disruption whatever the disruptive mechanism might be.

 

Tags: Press, Confederacy, Confederate Flag, Public, Freedom, Controversial

 

Works Cited:

 

Board, T. (2017). Should students be allowed to wear Confederate flag clothing?. latimes.com. Retrieved 20 February 2017, from http://www.latimes.com/opinion/editorials/la-ed-flag-20150820-story.html

Volokh, E. & Volokh, E. (2017). Opinion | The Confederate flag, the First Amendment and public schools. Washington Post. Retrieved 20 February 2017, from https://www.washingtonpost.com/news/volokh-conspiracy/wp/2015/09/21/the-confederate-flag-the-first-amendment-and-public-schools/?utm_term=.b27201551dd5

Can we trust the news social media?

There are so many examples for “fake news”, from theWeekend Update” from Saturday Night Live to The daily show, from BuzzFeed to  Political Cartoons.  We only like to read stories that have an eye-catching headline but does the story have facts to back them up or is it “fake news” that don’t have the facts?  Web sites make eye-catching headlines for us to click on them, they get money off every time someone clicks on that article. This is called “click bait”. So if companies make money off us clicking on their articles can we really trust them? Freedom of the Press is one of the most important parts of our country, we look to social media to inform us of new issues, and to keep a record of the events that happened and also know what’s going to happen. People go to social media before they do something rational. So is News on social media protected by the press?

On November 23, 2016, Noah Feldman stated that it’s a lot more expensive to generate true news stories than false ones. News requires reporting and research and institutional structures like editors and fact checkers to support them. On Chicago Tribune on December 6, 2016, Clarence Page(3) stated that Entertainment typically sells better than news. News people are limited to reporting reality. Fake news can be as unfair and unbalanced. It doesn’t help that our president calls CNN “Fake news. A lot of people would agree with President Trump because he is a leader.  News on the media it can change or damage your reputation if someone calls you out on that article saying that you published “fake news”. So is news on social media protected by the press?

 

Expanded Rights for All Government Employees

Topic: Free speech rights of people employed by federal, state, and local government.

 

Essential Question: Should employers be able to fire or demote employees because of their political views?

 

There are around 22 million people that work for federal, state, and local government. All of them have limited 1st amendment rights. This focuses on freedom of speech. Recently there has been a breakthrough in the move towards equal protection under the 1st amendment for employees of government. In the Washington Post they explain the few ways that employees are protected. They say, “1. the speech is on a matter of public concern 2. the speech is not said by the employee as part of the employee’s job duties, Garcetti v. Ceballos, 547 U.S. 410 (2006), and 3. the damage caused by the speech to the efficiency of the government agency’s operation does not outweigh the value of the speech to the employee and the public (the so-called Pickering balance). Connick v. Myers (1983) (p. 567).”       

In an article in the LA Times, the writer David G. Savage, explained the Supreme Court’s decision, “the Supreme Court has strengthened the rights of the nation’s 22 million public employees to protect them against being demoted or fired for supporting the wrong political candidate in the eyes of their supervisors.” This was an important decision that gives more protection to the employees. One of the more notable cases on this subject was Heffernan vs. City of Paterson. In this case a police detective was demoted because he was seen carrying a sign that opposed the mayor. The police chief strongly supported the current mayor. What happened was that the detective was delivering the sign to his mother. The lawsuit was filed in 2005 and finally reached the Supreme court in 2016. In an article from the New Yorker they talk about the decisions that were made in court. The article says, “The trial judge ruled that because Heffernan didn’t mean to get involved in the campaign, he hadn’t exercised any First amendment right, so he couldn’t bring a First Amendment claim.” Eventually the case made its way to the Supreme Court and the court ended up ruling in favor of Heffernan. My personal stance would be that employers should not be able to fire employees just because of their political beliefs whether they make them public or not.