TPM reports that the Clinton Administration has voiced its opposition to a proposed U.N. resolution that would condemn “defamation of religion.” The administration said that the resolution violates free speech principles. According to TPM, the resolution is being proposed by the Organization of the Islamic Conference for adoption by the U.S. Human Rights Council.
The AP reports on a lawsuit filed by pro-life demonstrators against the City of Wilwaukee and numerous individual officers. The demonstrators allege they have been harassed by the police in a manner that violates their First Amendment right to free speech. The Complaint is available online.
At Freedom to Tinker, Ed Felten blogs on the FCC’s Notice of Proposed Rulemaking regarding net neutrality. He points out that the notice is unclear on what will be considered reasonable network management, and discusses the difficulties inherent in defining this term.
The Ninth Circuit has issued a written opinion in the Referendum 71 petition case. Referendum 71 would repeal a state law that grants marriage-like benefits to same-sex couples. Individuals filed a public records act request to obtain the names of those who supported placing Referendum 71 on the ballot. Proponents of the referendum sought and obtained an injunction forbidding the names from being released. The Ninth Circuit issued an order reversing the district court some time ago, but did not issue a written decision. The Supreme Court has since reinstated the injunction to give itself time to consider whether it wants to hear the merits of the case. The Ninth Circuit publicly issued a decision containing its reasoning on October 22. The circuit assumed that signatures are protected speech under the First Amendment, but concluded that the district court applied the wrong legal standard. It rejected the notion that the signatures were anonymous, pointing out, among other things, that they were collected in public. The circuit concluded that the appropriate legal standard was intermediate scrutiny, and that under this standard the names should be released.