|
Updated 12.20.11 The First Amendment guarantees
us freedom of expression. Whether it's the right to protest, freedom of the press, or
religious liberty, the ACLU of Ohio is here to defend against government intrusion into
our personal, political, and religious lives.
What's Happening in Ohio
Preparing for protests
Our nation was founded on political dissent and the right to protest remains one of our most fundamental constitutional rights.
Protest groups are beginning to emerge around the state, many affiliated in some way with the “Occupy Wall Street” movement that has captured national headlines. On October 5, 2011,
the ACLU of Ohio released an advisory, giving these protesters basic information about their rights, the limitations of those rights, and what to do if those rights are violated. The ACLU of Ohio has also published know-your-rights cards for protesters, in both
single and
four-up format.
In November 2011, two protesters
were arrested while attempting to enter the Toledo City Council chambers with protest
signs, despite the fact that city council had no official policy banning signs.
The ACLU of Ohio held a press conference,
calling on Toledo City Council to adopt an official policy and to show respect for the first
amendment. Instead, Toledo City Council voted to ban all signs from city council meetings, a
move the ACLU called “disrespectful” to Toledo residents.
Later that same month, The ACLU of Ohio contacted the City of Toledo a second time, following
up on complaints from the Occupy Toledo movement about unclear city permit policies and
calling on city leadership to set clear,
constitutional rules for public demonstrations.
In December 2011, Montgomery County made news with its passage of new rules limiting free
speech at Dayton's Courthouse Square. The
ACLU of Ohio spoke out against the rules and is monitoring the situation, as these new
restrictions appear to target the Occupy Dayton movement specifically.
Flash Mobs, Social Media, and the First Amendment
“Flash mobs” are groups of people, organized via social media, who suddenly
assemble in a set location. Some of these gatherings have resulted in violence or destruction
of property, and as a result, a number of Ohio communities are proposing prohibitions for
social media use that may result in criminal activity.
These proposals are overbroad, potentially criminalizing protected speech, and are unnecessary,
as the criminal acts that cities seek to punish are already crimes.
In July, 2011 ACLU of Ohio expressed concern over one such proposal, passed by Cleveland City
Council after a large group of “unruly teenagers” caused
a disturbance at a Cleveland Heights street fair. Cleveland Mayor Frank Jackson promptly
struck down the legislation, his first-ever veto.
In December, Cleveland City Council again passed legislation targeting social media. The
ACLU called the legislation a waste of time and resources and once again called on Mayor Jackson to
use his veto power. However, the Mayor took no action and the allowed the ordinances
to become law. The ACLU of Ohio continues to monitor the results of this unwise legislation,
as well as a curfew in Cleveland
Heights that was passed as an emergency measure to prevent flash mobs, but has yet
to be relaxed.
SLAPP Suits – Chilling Free Speech through the Courts
The ACLU of Ohio works to protect speech on a variety of fronts. While this often means
defending an individual against the government, the ACLU has also become involved in SLAPP
suits, or strategic litigation against public participation. In these cases, corporations
or individuals sue a member of the public, often alleging they were defamed, in order to
intimidate the defendant into keeping quiet.
In one case, Eric Deters v. James Jay Schifrin, Cincinnati-area attorney Eric Deters
is suing the publisher of The Whistleblower, an electronic newsletter that reports
on Cincinnati area politics. Deters has filed similar lawsuits against several public officials
who questioned his legal knowledge. In October 2011, the ACLU announced that Deters and Schifrin
agreed to a settlement. Both parties withdrew their lawsuits, and Schifrin agreed to
include the details of the incident, as well as a response from Deters, in a special edition
of the Whistleblower.
The ACLU has also taken up another case, Habeeb v. Smith, where two police officers sued a former state representative for her negative comments after they shot and killed a teenager.
Check out our legal docket for more information about these
and other free speech cases.
What's Happening Nationally
U.S. Supreme Court Upholds Westboro Baptist Church’s Right to
Protest
On March 2, 2011, the U.S. Supreme Court ruled 8-1 that a family could not sue for damages against the
Westboro Baptist Church for protesting near the funeral of a loved one. The case originated out of Maryland,
where a lower court awarded the family $5 million for emotional distress caused by the church’s protest.
While the decision acknowledged the family’s grief, the court recognized that we cannot abandon core First
Amendment principles designed to protect even the most unpopular speech on matters of public concern.
More information about the case is available here. Learn more about why the ACLU defends the
speech of unpopular groups here.
Resources
Visit our Religious Liberty and
Students Get Active issues pages for more information about the First Amendment and about student speech.
Check out our Publications page for more resources on First
Amendment issues.
ACLU Project on Speech, Privacy, and Technology, Information
Banned Books Week
Event Tool Kit and Briefing Packet, Event planning
guide and background information on the First Amendment, censorship, and intellectual freedom
Political Speech and Homeowner’s
Associations, ACLU of Ohio, October 2008
Understanding the Citizens United Ruling, retired national ACLU Executive Director Ira Glasser,
February 2010
Read free speech news releases and articles in our
News Center.
Browse our webcasts for First Amendment-related programs:
|
news center
volunteer