SCOTUS says that a reprimand doesn’t materially affect freedom of speech. There’s an old adage—spawned by former Supreme Court Justice Louis Brandeis in 1927—that the best way to counter speech one doesn’t agree with is not with censorship but with more speech. The Court seems to still believe that this principle is valid (fortunately). Justices unanimously upheld David Wilson’s conviction as Houston Community College System Board member. Wilson had claimed that his college board members verbally censured him, violating his First Amendment rights.
NPR notes that Wilson was elected for a six year term in 2013. However, he found himself in conflict with his fellow board members. He even employed a private investigator in order to verify that a board member actually lived in the area she represented.
All of this prompted the board to issue a public repudiation against Wilson’s actions and speech, which they called “The Other Board Members”.Not consistent in the best interest of the Collegeate, but reprehensible.” Wilson argued that it was not constitutional.
Wilson sued for the first time in 2018. The case was dismissed by a district court. However, the U.S. Court of Appeals of the 5th Circuit ruled in Wilson’s favor and allowed the suit to proceed. An verbal “reprimand” against an An elected official is someone who speaks on a topic of public concern. “Actionable First Amendment claim”, the appellate court stated.
The Supreme Court has ruled in the opposite.
Justice Neil Gorsuch stated in Court’s opinion, “A reprimand is not materially impeding freedom of speech, regardless how strong it may be.” Wilson’s fellow colleagues considered “the censure at question before us” to be speech. It’s a method that elected bodies can use to resolve disputes with their members.
Gorsuch wrote, partly quoting from the 1962 case: “Argument” and “counterargument”, but not litigation are the best ‘weapons’ available for resolving this disagreement.” Wood v. Georgia).
Wilson was an elected official. He said that elected officials should “A degree of shoulder Criticism from constituents about the public service they provide Their peers—and To Continue exercising Their No cost When criticism is received, speech rights are protected”
“THe First Amendment certainly He promises to be an elected representative, like Mr. Wilson.
Gorsuch notes that the right exists to freely speak on matters of government policy.” “But As it is, you cannot use it to silence anyone else. Reps looking to do the exact same.“
The full decision can be found here.
Education WeekNotes that this case applies to all K-12 school boards which deal with disruptive members, not just those actors/or colleges. According to the court, “Briefs submitted in the case included many examples of K-12 schools boards censuring their members. And the court’s ruling will not affect the authority of boards for such formal reprimands.” Recent examples demonstrate that school boards have disciplined members for offensive speech or use of social media to discuss hot topics such as COVID-19 protocol, transgender student rights, and teaching about race.
FREE MINDS
Here’s a fact-check on tipping’s origins:
Does tipping count as slavery’s legacy?
We are far from the answers @PhilWMagness. https://t.co/fdR1EBFjL2
— Coleman Hughes (@coldxman) March 24, 2022
FREE MARKETS
Last year, big city population fellAccording to Census Bureau data, the number is. The population of American major urban centers fell as people fled to less crowded and more expensive areas.
Over 700,000 people moved out of Chicago and Los Angeles between July 2020 and August 2021.
This story has many positives. There are other troubling explanations as well. These include more deaths and sharp declines in immigration. The Census Bureau reports that “over 73% (2.297)” of U.S. County experienced a natural decrease in 2021. This is up from 45.5% and 55.5% respectively in 2019, 2020, and 2019.
What is the reason why US pop growth has fallen from a cliff in recent years?
Pop growth between 2019 and 2021 is 51%.
Comparing 2016 to 2021 shows that the collapse of immigration is responsible for more population decline than the excess deaths. Wild.
— Derek Thompson (@DKThomp) March 24, 2022
During the same period, population in larger U.S. cities decreased while smaller ones increased. Atlanta, Austin Dallas, Houston and Phoenix all added 300,000 people.
This is quite a contrast to the pattern a decade back, when big cities were growing. It was aided by decades of immigration boom and rising interest in urban living. It was rural counties or areas in decline that were most affected by the loss of population.” The New York Times.
QUICK HITS
• The U.S. has deported hundreds of Colombians seeking refugee status this month.
• The U.S. will accept up to 100,000 refugees from Ukraine.
• The Biden administration released plans to overhaul the asylum process.
• Sen. Bernie Sanders (I–Vt.) Senator Bernie Sanders (I.Vt.), has introduced legislation to eliminate Major League Baseball’s antitrust exemption. Sanders stated on Tuesday that he was excited to have introduced legislation that would eliminate the antitrust exemption that Major League Baseball had enjoyed since 1922.
• Arizona’s House of Representatives has approved a measure banning abortion at 15 weeks. Last month, the bill passed in the state Senate and now goes to Republican Gov. Doug Ducey to sign.
• “Everyone has crypto FOMO,” but are digital tokens a good investment for everyone?
• Idaho Republicans want to defund libraries.
• “A fifth employee at a federal women’s prison in California has been indicted on charges stemming from sexual abuse of an inmate,” reports USA Today.
• Delaware will send $300 to every resident who filed a 2020 tax return, ostensibly to help cover the costs of rising gas prices.
• Why you should almost never wait in line.