Warren Watson, director, announced today the creation of an annual fund-raising campaign to support J-Ideas, Ball State’s scholastic journalism and First Amendment institute.
Parties are invited to give $25 or more to the J-Ideas Foundation to support future activities of the program. Donations are tax deductible. <more>
J-Ideas Director Warren Watson blogs regularly for the Indianapolis Star. Here are his latest offerings: Baseball and the First Amendment
The First Amendment and Fantasy Baseball. At first blush, strange bedfellows. But a U.S. Supreme Court decision this week showed that the First Amendment indeed can be debated between the base lines.<more>
Student journalists scoop professional press
By Gerry Appel
In an era where student journalists are often criticized for poor decision-making, one student newspaper should receive praise after scooping its professional counterparts. <more>
Mile high with the First Amendment...
By Randy Swikle
We were north of the Mile High City near the Rocky Mountains. The principals were voluntarily descending—not from the tall peaks but from their position abutting the summit of school hierarchy. When they reached level ground, we could see each other more clearly. And clear sight leads to insight. <more >
My View: Warren Watson
Caught on YouTube: Assault on free speech Published in the Indianapolis Star: January 17, 2008
The Bill of Rights, the legacy of our Founding Fathers, ran smack dab into cyberspace the other night in Muncie.
The culprit: the First Amendment. The surprising venue: YouTube, the popular video-sharing site. The result: an ongoing debate about political speech in the Muncie City Council and allegations that local lawmakers trampled on the First Amendment rights of a well-meaning citizen.
In the world of free speech, local retailer Cary Malchow found that what you say and do can now play out on the worldwide video stage called YouTube.
You see, Malchow attempted to address the council near the end of its Jan. 7 meeting. Calm and resolute, Malchow was following a council protocol that allows residents to speak for up to three minutes.
Malchow made the mistake -- or so it seems -- of asking the council to investigate council member Monte Murphy about allegations of voter fraud. Barely into his remarks, council President Sam Marshall moved to cut him off. When Malchow tried to continue, Marshall asked a police officer to have him removed.
Things then got interesting. The officer refused to oust Malchow. The crowd at the meeting began chanting, "Let him speak. Let him speak." So much for decorum.
"Despicable is what I call it," said Gene Williams, the executive editor of Muncie's Star Press. "Attempting to throttle free speech is against the basic tenets of the country. Free speech isn't always pretty and it's often painful, but it's what separates us from other countries."
Enter YouTube. Muncie resident Dana Reif was shooting footage of the ruckus, and quickly posted to the video site. In 72 hours, his footage had more than 5,000 hits.
Malchow remains nonplussed about the incident, saying he was only acting on his free speech rights. He told Indianapolis television station WRTV: "The council might have gotten a little scared."
Not much is coming from Muncie officials except for the prerequisite "no comments" and referrals to attorneys. But two First Amendment experts said that Malchow's rights were violated.
Shawn Healy, First Amendment scholar at the McCormick Tribune Freedom Museum in Chicago, said that Muncie City Council President Marshall "should be reprimanded" for wielding a heavy gavel.
"It seems as if Malchow clearly had his First Amendment rights violated," Healy said. "Political speech is afforded the highest threshold of free speech protection, and the nuances of parliamentary procedure should not be used to stamp out statements by concerned citizens about important local issues. The council president should be reprimanded for his actions."
He added, "Malchow's voice should be heard by the government and citizens of Muncie."
Gene Policinski, executive director of the First Amendment Center in Nashville, Tenn., agrees with Healy, noting that many local political bodies are -- unfortunately -- attempting to put rules around public debate. He said, "This is not an uncommon circumstance. Councils are trying to deal with decorum everywhere. But you can cross the line pretty fast."
He said the Muncie council was too hasty: "What happened here was a violation of the spirit of the First Amendment if not the letter of the First Amendment -- and done under the guise of political correctness. Governmental bodies have to pass a 'reasonableness' test. And what happened to this citizen was not reasonable."
The Muncie City Council next meets on Feb. 4. And Williams said the episode isn't over yet: "That's why I worry about the next council meeting. Many, many more people will be on hand and we'll see how their speech is handled."
"YouTube?" said Williams. "Proves that the game has changed. In years past, you could stick your foot in your mouth and few people would know about it. These days, you put your foot in your mouth, the whole world sees it."
Dautrich and Yalof publish book on First Amendment
A new book collecting the seminal First Amendment work of University of Connecticut researchers Ken Dautrich and David Yalof has been published. <more>
