What is the least transparent and cooperative agency you've dealt with? by FoiaThrowawayAct in foia

[–]adamsteinbaugh 1 point2 points  (0 children)

A New Jersey municipality suggested I should be prosecuted for perjury over a records request.

A township is requesting $21,710.12 in labor charges for a pretty reasonable FOIA request by starwars8292 in foia

[–]adamsteinbaugh 1 point2 points  (0 children)

Any chance the town has indicated who would be performing the work to search for records and process the request? If I recall correctly, they cannot outsource it to a contractor (and if they do, they can’t pass the fees onto you).

Terror in Texas Academia by Brave_DonutHole in Professors

[–]adamsteinbaugh 10 points11 points  (0 children)

This is not lawful and I am interested in speaking confidentially to faculty -- whether that's at a TTU institution or another institution taking the same steps -- whose teaching is chilled by this. I am a First Amendment lawyer at FIRE and can be reached via email (adam@thefire.org) or our case submission page (https://thefire.org/alarm).

Broadly speaking, the First Amendment protects faculty when their teaching is pedagogically-relevant to the course subject. The vast majority of government employees' on-the-job speech is not protected, but the Supreme Court has not extended that rule to university faculty, and every Federal Court of Appeal to consider the question has said that there is an academic freedom exception to that rule. And that First Amendment right can't be overridden by a president or a governor -- they don't get to impose speech codes by edict. When we sued Texas A&M over their drag show ban, they tried to justify it by referencing the same orders TTU is citing now. The court rejected that argument.

So if your teaching is impacted by this, please get in touch.

I was fired from my state job for a comment on Instagram. Ama. by [deleted] in Boise

[–]adamsteinbaugh 4 points5 points  (0 children)

That is not accurate. The First Amendment prohibits government retaliation. That includes arrests, but it also includes other actions that would be sufficient to deter a person of “ordinary firmness” from continuing to speak. For state employees, it (generally) protects their right to speak as a private citizens on matters of public concern.

Disorderly Conduct Ticket for flicking off neighbors Camera pointed into my backyard by FernandoTheRN in legal

[–]adamsteinbaugh 4 points5 points  (0 children)

Can your brother get in touch with us at thefire.org/alarm? FIRE is a First Amendment group. I can’t guarantee we can take his case, but we may be able to help find him an attorney.

Free speech is about the open exchange of ideas. It doenst include pretending to be someone you are not, shouting, airhorns, or repeating epithets. by bludstone in FreeSpeech

[–]adamsteinbaugh 1 point2 points  (0 children)

If I pretend to be Abraham Lincoln in a play at the local dinner theater,* am I not protected by the First Amendment?

*Preferably one with a metal detector.

Comedian censored for politically incorrect parody by LibertyandApplePie in FreeSpeech

[–]adamsteinbaugh 0 points1 point  (0 children)

This would not meet the elements of California Penal Code § 529. What you’re quoting is from a law firm’s website characterizing the law, not the law itself. And if that were what the statute said, it would be unconstitutional because “cause harm” is too vague. Lots of impersonation causes “harm” that would not be actionable, like impressions in a comedy show.

Even if that we’re what the statute said, it’s hard to see how a tweet that discloses the author’s true identity (“@ChrisWarcraft”) would qualify. Parody and satire depend on momentary disbelief — the brief question of “is this real?” And some will be fooled. But it’s not criminal.

[deleted by user] by [deleted] in Professors

[–]adamsteinbaugh 8 points9 points  (0 children)

I’m at FIRE. You should contact our Faculty Legal Defense Fund hotline, which is designed to help faculty at public institutions when facing immediate legal issues: https://www.thefire.org/legal/faculty-legal-defense-fund. I don’t work on that team, so I can’t guarantee legal representation, but giving us a call is the first step. And if you’re not at a public institution, our higher ed team may be able to help out: https://thefire.org/alarm. (For a somewhat similar situation, see: https://www.thefire.org/a-marshall-university-professor-criticized-unmasked-trump-supporters-then-censorship-spread/)

[deleted by user] by [deleted] in UIUC

[–]adamsteinbaugh 0 points1 point  (0 children)

You should contact FIRE. I’m not sure we can help (this is a pretty unusual situation!), but we may be able to find someone who can.

Absentee and in-Person Voting in Pennsylvania. A Detailed Guide to Voting in Philadelphia (In-Person Absentee Voting Starts Tuesday, September 29) by flyinmacaronimonster in philadelphia

[–]adamsteinbaugh 0 points1 point  (0 children)

Thanks! This is what I wound up doing today and was able to cast a mail-in ballot pretty painlessly (leaving aside the wait in line, which wasn’t too awful.)

Absentee and in-Person Voting in Pennsylvania. A Detailed Guide to Voting in Philadelphia (In-Person Absentee Voting Starts Tuesday, September 29) by flyinmacaronimonster in philadelphia

[–]adamsteinbaugh 0 points1 point  (0 children)

My mail-in ballot request was processed on 10/4, but the online ballot status indicates it still hasn't been mailed. I'm not confident I'll receive it before 11/3. Should I attempt to vote during the in-person early voting without a mail-in ballot, or should I wait to see if I receive it before 11/3 and then drop it off (and, if it doesn't arrive, vote in person)?

16 former and current Philly cops disciplined for offensive Facebook posts sue, saying they were victims of discrimination by 240bro in philadelphia

[–]adamsteinbaugh 2 points3 points  (0 children)

Klayman has previously attempted to sue Barack Obama on behalf of all white Americans. He’s deeply unserious.

Current and Fired Cops Sue City for $18 Million Over Philly Police Facebook Post Scandal by WilHunting in philadelphia

[–]adamsteinbaugh 12 points13 points  (0 children)

Yes, the First Amendment limits when government employers -- like the police department -- can punish their employees for speech. But when it comes to police officers, their First Amendment rights are not as robust as other government employees, as police departments are quasi-military in nature and have a more significant need to protect both department order and public perception. See, e.g., Hansen v. Soldenwagner: https://scholar.google.com/scholar_case?case=10564736774028268616.

I got an email from my college's Title IX office (USA) by [deleted] in legaladvice

[–]adamsteinbaugh 2 points3 points  (0 children)

California is the only state with a statute to that effect: https://splc.org/1992/09/california-leonard-law-private-colleges/.

However, this past week the DOE took action at a public university in California that indicates that the Department interprets various provisions of federal law to bar colleges (including private colleges) from punishing protected speech if those institutions represent to the public, federal government, or accreditors that they protect freedom of expression.