first amendment

Flag Day

The US flag with all its stripes and a few of its stars was adopted by a resolution of the Second Continental Congress in 1777. But today, overpriced textbooks and underpaid schoolteachers have sanitized most of our history and hidden the early controversies while fluffing half-truths, leaving us unclear about what that flag really stands […] » about 300 words

The Perils Of Flickr’s “May Offend” Button

Quite a while ago now, stepinrazor asked people to do some self-censorhip in a post in the Flickr Ideas forum. FlyButtafly quickly joined the discussion, noting that she’d encountered some material she found offensive in pictures from other Flickr members: “as I’m going through the pictures, one shows up of a protestor holding a sign […] » about 1300 words

Burning Patriotism

My feelings on the Flag Burning Desecration Amendment should have been clear from my Flag Day story. Still, let me offer the t-shirts above as confirmation. america, burn, citizenship, civil liberties, civil liberty, first amendment, flag burning, flag desecration, flag desecration amendment, free speech, liberty, patriot, patriotism, rights » about 100 words

What Bloggers Need To Know About Cahill v. Doe

Wendy Seltzer alerts us to the Delaware Supreme Court’s ruling last week in Cahill v. Doe, a case that tested our rights to anonymity online, as well as the standard for judging defamation.

As it turns out, the court decided against the plaintiff, a city councilman, and protected the identity of “Proud Citizen,” who the councilman accused of posting defamatory remarks in an online forum. Further, it also decided that the context of the remarks “a chatroom filled with invective and personal opinion” are “not a source of facts or data upon which a reasonable person would rely.”

In short, as Seltzer points out, the ruling hold readers responsible for seeing materials in the context they’re presented in:

The standard empowers a wide range of bloggers’ speech. Because readers can use context to help them differentiate opinions from statements of fact, bloggers are freer to publish their choice of opinionated gossip or citizen journalism. And thanks to courts like Cahill and Dendrite, they can do so using pseudonyms or their real names.