Once again, the First Amendment is in the news. And, no, we’re not even talking about ongoing ramifications of the Citizens United case that has made the wholesale selling of politics and politicians easier and seamier.
*In Hernando County, a fourth-grade teacher turned the Pledge of Allegiance into force-fed patriotism farce. She apparently couldn’t abide a student, his Jehovah’s Witness status notwithstanding, not participating. She also apparently had little frame of reference for the law that for decades has upheld the constitutional right of public school students to not be coerced into saying the Pledge or saluting the flag. Outrageous that this would still be an issue in 2013.
Perhaps another pledge is now in order. A pledge for all teachers to show empathy, common sense and understanding of First Amendment implications of freedom of religion and freedom of speech. Sobering that such awareness–in effect, an extension of professional conduct principles–can’t be universally assumed in the 21st century.
*Call it a modern-day Napoleonic Code. It’s the mug shot publishing industry, another unforeseen consequence of living in the online era. These are privately-run websites that publish arrest information. It’s sourced from the public record.
Only problem, as cited by the attorney for a Largo plaintiff suing a number of websites, is that it might be a tad misleading on occasion. Notably when charges are dropped, for whatever reason–including flagrant non-guilt. But the mug shot, alas, lives on like an electronic stalker. Unless, increasingly, a fee is paid to have it removed.
“In this country, you’re innocent until proven guilty,” points out Kenneth Turkel, the attorney for a website-suing Largo client. “The mug shot is an appearance of criminal activity that may not be true.” The other side, of course, sees First Amendment “protected speech” under assault.
Anyone else miss simpler times for “innocent until proven guilty” and the good fight for “protected speech”?