Prominent journal editor fired for endorsing satirical article about Israel-Hamas conflict; Science, October 24, 2023

SCIENCE NEWS STAFF, Science; Prominent journal editor fired for endorsing satirical article about Israel-Hamas conflict

"Michael Eisen, editor-in-chief of the prominent open access journal eLife and a longtime critic of traditional journals, says he is losing that job for publicly endorsing a satirical article that criticized people dying in Gaza for not condemning the recent attacks on Israel by the Palestinian group Hamas...

Eisen has previously been a frequent, feisty participant in debates about scientific publishing, doggedly supporting the development of free access to journal articles. In 2003, he co-founded the Public Library of Science (PLOS), whose journal PLOS ONE grew to become one of the largest open-access journals. Authors pay a fee so that their articles in PLOS journals are free to read when published. Eisen has criticized the paywalls still in place at many subscription journals as slowing the progress of science and the diffusion of useful findings. But critics of PLOS’s model have suggested author fees create an incentive for journals to maximize the number of papers published at the expense of adequate peer review and quality and can create barriers for authors with limited resources."

Ariana Grande, Guillermo del Toro, Padma Lakshmi and More Sign Open Letter Denouncing Book Bans and Their “Chilling Effect” (Exclusive); The Hollywood Reporter, September 19, 2023

Abbey White, The Hollywood Reporter; Ariana Grande, Guillermo del Toro, Padma Lakshmi and More Sign Open Letter Denouncing Book Bans and Their “Chilling Effect” (Exclusive)

"The letter encourages signatories and readers to address challenges at the local level across U.S. school districts, while calling out book bans as “restrictive behavior” that is “antithetical to free speech and expression.” It also underscores the “chilling effect” these bans can have “on the broader creative field.”...

“It’s embarrassing that we are banning books in this country, in this culture, in this day and age. And it’s dangerous that a handful of individuals are deciding that any book with Black and queer people is divisive,” said Burton, executive producer of the 2023 documentary The Right to Read. “We are calling on everyone to join us in raising their voices to uphold artistic freedom, embrace multicultural history and put a stop once and for all to book bans.”"

Report on Anti-Gay Slur Could Put Local News Site Out of Business; The New York Times , August 15, 2023

Jeremy W. Peters  , The New York Times; Report on Anti-Gay Slur Could Put Local News Site Out of Business

"Some First Amendment advocates said the playbook was relatively easy to replicate: A public official unhappy with the coverage sues, creating crushing costs for an outlet."

Judge blocks Arkansas law allowing librarians to be criminally charged over ‘harmful’ materials; AP, July 29, 2023

AP; Judge blocks Arkansas law allowing librarians to be criminally charged over ‘harmful’ materials

"Arkansas is temporarily blocked from enforcing a law that would have allowed criminal charges against librarians and booksellers for providing “harmful” materials to minors, a federal judge ruled Saturday."

Library Sees Resignations Following Bullet-Riddled Books; Flathead Beacon, August 29, 2022

MICAH DREW, Flathead Beacon; Library Sees Resignations Following Bullet-Riddled Books

"Two ImagineIF library advisors have resigned from their posts due to perceived threats to their safety after several bullet-riddled books were dropped off at the library earlier this month. A third advisor who had previously planned to retire this year, also mentioned safety concerns upon leaving. 

On Aug. 3, library staff in Kalispell found five books left in the overnight drop box that appeared to have been shot with a firearm. All library branches closed for the day while law enforcement investigated. They determined it was an isolated incident and there was no threat to staff or the public. 

Two days later, two more books were found with bullets lodged in them. Library staff say that similar markings on the books indicated they were likely from the same person. 

While director Ashley Cummins said law enforcement still did not feel there was any threat to the community, members of the library staff opted to leave their positions. 

“They said they did not feel safe coming to work anymore,” Cummins said. “They signed up to be library workers, they didn’t sign up for that.”

Two additional staff members have expressed desires to resign as well, but Cummins said so far that has not happened. Instead, the director is working to reassure the staff with new safety precautions including the installation of security cameras around each library branch and new mandatory monthly safety trainings."

Book Ban Efforts Spread Across the U.S.; The New York Times, January 30, 2022

Elizabeth A. Harris andAlexandra Alter, The New York Times; Book Ban Efforts Spread Across the U.S.

Challenges to books about sexual and racial identity are nothing new in American schools, but the tactics and politicization are.

"“It’s a pretty startling phenomenon here in the United States to see book bans back in style, to see efforts to press criminal charges against school librarians,” said Suzanne Nossel, the chief executive of the free-speech organization PEN America, even if efforts to press charges have so far failed.

Such challenges have long been a staple of school board meetings, but it isn’t just their frequency that has changed, according to educators, librarians and free-speech advocates — it is also the tactics behind them and the venues where they play out. Conservative groups in particular, fueled by social media, are now pushing the challenges into statehouses, law enforcement and political races...

So far, efforts to bring criminal charges against librarians and educators have largely faltered, as law enforcement officials in Florida, Wyoming and elsewhere have found no basis for criminal investigations. And courts have generally taken the position that libraries should not remove books from circulation.

Nonetheless, librarians say that just the threat of having to defend against charges is enough to get many educators to censor themselves by not stocking the books to begin with. Even just the public spectacle of an accusation can be enough.

“It will certainly have a chilling effect,” said Deborah Caldwell-Stone, director of the American Library Association’s office for intellectual freedom."

Far right is using Twitter’s new rule against anti-extremism researchers; The Washington Post, December 2, 2021

Drew Harwell, The Washington Post; Far right is using Twitter’s new rule against anti-extremism researchers

Researchers fear the new ban on posts sharing people’s private information will be ‘emboldening to the fascists’ eager to keep their identities concealed. ‘Things now unexpectedly work more in our favor,’ one Nazi sympathizer wrote.

"The company said that each report will be reviewed case-by-case and that flagged accounts can file an appeal or delete the offending posts to resolve their suspensions.

Snyder, the Philadelphia anti-fascist researcher, said she believed her reported tweet did not break the rules but deleted it anyway, worried that any appeal she filed would take too long or ultimately fail. She suspects the rule could have a “catastrophic” chilling effect on other researchers working to expose extremists."

If Mozart and Beethoven Were Alive Today, Would they Be Guilty of Copyright Infringement?; Above The Law, November 15, 2018

Krista L. Cox, Above The Law; If Mozart and Beethoven Were Alive Today, Would they Be Guilty of Copyright Infringement?

"A rise in copyright infringement cases in music, particularly over short snippets of an overall song or the general “feel” of the piece, could restrict the creation of new music. It’s a shame given the long history of “borrowing” in the music industry. Indeed, classical composers frequently copied others, creating variations of older works and creating new interpretations. For example, Mozart borrowed from Haydn; Beethoven borrowed from Mozart; Schubert, Mendelssohn, and Brahms, in turn, all borrowed from Beethoven; Mahler borrowed from Brahms; and the list goes on and on. While some may argue that we don’t need six nearly identical country music songs (though I do personally love country!), imagine instead if the chilling effect applied to some of the greatest classical composers in history and the loss of their great music."

Acosta should sue the president, and Americans should shun Sanders; The Washington Post, November 8, 2018

Jennifer Rubin, The Washington Post; Acosta should sue the president, and Americans should shun Sanders

"President Trump’s conduct (Sanders surely didn’t do this on her own) violates every democratic norm one can think of — and what’s more, is illegal.

The First Amendment protects the press’s right to report the news and the public’s right to receive that news. The government cannot punish or threaten the press or individuals based on the content of what is reported. In fact, in a public forum, which Twitter was deemed to be, a federal court already ordered Trump to unblock Twitter users who were critical of him."

When do rants exceed First Amendment boundaries and become true threats?; ABA Journal, August 2018

David L. Hudson Jr., ABA Journal; When do rants exceed First Amendment boundaries and become true threats?

"True threats are not protected in part because of the fear and disruption they cause in their recipients. “Speech that places a victim in fear for his or her physical safety is deeply harmful in that it disrupts the target’s life and may deter him or her from engaging in key life activities,” says University of Colorado Law School professor Helen Norton, who writes frequently on First Amendment topics.

“Indeed, true threats may themselves undermine First Amendment values by silencing the speaker’s target.” The push to combat threats is understandable. The problem is discerning the boundaries between protected speech and unprotected true threats. “The unclear part of the definition is what makes a threat ‘true,’ meaning that it is an expression dangerous enough for the government to have the power to punish, and the definition is narrow enough that it does not chill protected speech,” says Leslie Gielow Jacobs, a First Amendment expert who teaches at the University of the Pacific.

“We don’t want to criminalize political hyperbole, jokes or drunken rants,” Norton explains. “Not infrequently, we say extreme things that we don’t mean to be understood literally, such as ‘I am so mad at X that I could kill him.’ Speech of that sort furthers an individual’s First Amendment interests in expressive autonomy, and the government’s regulation of it threatens overreaching and other dangers.”"

An American editorial cartoonist has been fired for skewering Trump. He likely won’t be the last.; The Washington Post, June 15, 2018

Ann Telnaes, The Washington Post; An American editorial cartoonist has been fired for skewering Trump. He likely won’t be the last.

"...[W]ith the firing of Pittsburgh Post-Gazette cartoonist Rob Rogers, we now see that suppressing a free press can be accomplished without an authoritarian president’s orders. Michael Cohen isn’t the only “fixer” Trump has at his disposal.

Rogers has been the editorial cartoonist for the Pittsburgh Post-Gazette for more than 25 years. Most working cartoonists have had an occasional idea spiked by his or her editor. But in the past few weeks, editorial director Keith Burris and publisher John Robinson Block have refused to publish six of Rogers’s cartoons, all criticizing Trump or his policies. Block and Burris have also rejected many of Rogers’s rough sketch ideas for several months.

This wasn’t the first time Block has used his position to defend President Trump’s actions; in January he demanded an editorial run in the Post-Gazette and the Toledo Blade (where he is also the publisher) supporting Trump’s use of the term “shithole countries.”"

In Trump’s America, ‘pizzagate’ could be the new normal; Washington Post, 12/5/16

Dana Milbank, Washington Post; In Trump’s America, ‘pizzagate’ could be the new normal:

"This would appear to be the new normal: Not only disagreeing with your opponent but accusing her of running a pedophilia ring, provoking such fury that somebody takes it upon himself to start shooting. Not only chafing when criticized in the press but stoking anti-media hysteria that leads some supporters to threaten to kill journalists.

After The Washington Post reported Sunday about the Comet gunman and the nonsense conspiracy theory that motivated him, the reporters received emails and tweets saying “I hope the next shooter targets you lying sacks of s--- in the media,” “God has a plan better than death,” and “it would also be a shame if someone took a gun to” The Post.

Trump is not directly responsible for every violent word or action of his followers. But he foments violence. As The Post’s executive editor, Marty Baron, has noted, when Trump refers to journalists as “the lowest form of life,” “scum” and the enemy, “it is no wonder that some members of our staff [at The Post] and at other news organizations received vile insults and threats of personal harm so worrisome that extra security was required.”"

Oh Good, a “Professor Watch List”; Slate, 11/23/16

Rebecca Schuman, Slate; Oh Good, a “Professor Watch List” :

"This Monday, an organization called Turning Point USA launched a website called the Professor Watchlist, which provides the full names, locations, offenses—and sometimes photographs—of liberal academics it has singled out for ignominy. In any other year in recent memory on this continent, these would be two unrelated events. But in the United States in late 2016, as the president-elect’s surrogates cite Japanese internment as a “precedent” for what may come, any “watch list” of any sort is worrying. One that targets outspoken intellectuals with views that oppose a mercurial future president who spent the weekend tweeting petulantly at the cast of a Broadway play? Abjectly terrifying.

The mission of the watch list, according to its website, is to “expose and document college professors who discriminate against conservative students, promote anti-American values, and advance leftist propaganda in the classroom.” The site invites users to nominate candidates, asking that they “submit a tip” about the nefarious pinkos who teach them (that’s S-C-H-U-M-A-N with one n, by the way). Some of the professors on the list have responded thoughtfully to their inclusion; others on social media have trolled the list with complaints about Indiana Jones and Jesus...

Don’t misunderstand me. The answer is not to take the site down altogether, for that would be censorship, and censorship is not the solution, just like it isn’t the solution when the 45th president of the United States gets his fee-fees hurt. But in this time of national reckoning, responsible conservatives need to pay attention to context. Why not, for example, a site that indexes classroom bias by incident and date, instead of by the professor’s name?"

More of Kremlin’s Opponents Are Ending Up Dead; New York Times, 8/20/16

Andrew E. Kramer, New York Times; More of Kremlin’s Opponents Are Ending Up Dead:

"Other countries, notably Israel and the United States, pursue targeted killings, but in a strict counterterrorism context. No other major power employs murder as systematically and ruthlessly as Russia does against those seen as betraying its interests abroad. Killings outside Russia were even given legal sanction by the nation’s Parliament in 2006...

“The government is using the special services to liquidate its enemies,” Gennadi V. Gudkov, a former member of Parliament and onetime lieutenant colonel in the K.G.B., said in an interview. “It was not just Litvinenko, but many others we don’t know about, classified as accidents or maybe semi-accidents.”"

Stand Up for Open Access. Stand Up for Diego.; Electronic Frontier Foundation (EFF), 8/9/16

Ana Acosta and Elliot Harmon, Electronic Frontier Foundation (EFF); Stand Up for Open Access. Stand Up for Diego. :

"The movement for open access is not new, but it seems to be accelerating. Even since we started following Diego’s case in 2014, many parts of the scientific community have begun to fully embrace open access publishing. Dozens of universities have adopted open access policies requiring that university research be made open, either through publishing in open access journals or by archiving papers in institutional repositories. This year’s groundbreaking discovery on gravitational waves—certainly one of the most important scientific discoveries of the decade—was published in an open access journal under a Creative Commons license. Here in the U.S., it’s becoming more and more clear that an open access mandate for federally funded research will be written into law; it’s just a matter of when. The tide is changing, and open access will win.

But for researchers like Diego who face prison time right now, the movement is not accelerating quickly enough. Open access could have saved Diego from the risk of spending years in prison.

Many people reading this remember the tragic story of Aaron Swartz. When Aaron died, he was facing severe penalties for accessing millions of articles via MIT’s computer network without "authorization." Diego’s case differs from Aaron’s in a lot of ways, but in one important way, they’re exactly the same: if all academic research were published openly, neither of them would have been in trouble for anything.

When laws punish intellectual curiosity and scientific research, everyone suffers; not just researchers, but also the people and species who would benefit from their research. Copyright law is supposed to foster innovation, not squash it."

A ‘confession’ that reveals plenty about China; Washington Post, 8/7/16

Editorial Board, Washington Post; A ‘confession’ that reveals plenty about China:

"Ms. Wang has a remarkable record. Yet according to her statement last week, she disavows all of it. Her crusades for equal justice — particularly for women and girls — were merely the product of manipulation from “foreign forces” to “smear the party and attack the Chinese government.” Ms. Wang “won’t acknowledge, won’t recognize and won’t accept” an international human rights award she was given...

Ms. Wang has not been heard from since her statement, even though the Chinese government claims she has been set free on bail. The same is true of legal assistant Zhao Wei, who was supposed to be released last month after posting a confession online. Several of Ms. Wang’s colleagues are also in detention. A court began hearing their case last week, but the trial is open only to select members of the media. Two have been sentenced; one received seven years in prison while the other got a three-year suspended sentence. When the wives of other detainees traveled to Tianjin to seek information, they were placed under house arrest.

For years, Ms. Wang has been publicly committed to questioning the state. Now, in a chilling testament to Chinese tyranny, she has publicly condemned her own questions. Ten years ago, these lawyers could rarely get a case into court. Five years ago, some were disbarred. Today, they face trials far from free or fair — and the defense of human dignity is treated as treason."

If you think Trump’s version of reality has been alarming so far…; Washington Post, 6/17/16

Tom Toles, Washington Post; If you think Trump’s version of reality has been alarming so far… :

Replacement for a Free Press

What Silicon Valley's billionaires don't understand about the first amendment; Guardian, 5/27/16

Nellie Bowles, Guardian; What Silicon Valley's billionaires don't understand about the first amendment:

"No major American cultural force is more opposed to examination and more active in suppressing it today than Silicon Valley. So when it was revealed this week that Facebook board member Peter Thiel had been secretly bankrolling a lawsuit to inflict financial ruin on the news and gossip site Gawker, Silicon Valley cheered...

Each of these investors – and many of those writing in a wave of local support for Thiel – add caveats that they’re happy to see “clickbait” or “gossip” journalists suffer but that they fully support “real” journalists. As Khosla made clear by putting the New York Times on the side of clickbait, many Silicon Valley investors see most press as suspect.

After six years as a reporter in Silicon Valley, I’ve found that a tech mogul will generally call anything unflattering I write “clickbait” and anything flattering “finally some real journalism”."

This Silicon Valley Billionaire Has Been Secretly Funding Hulk Hogan's Lawsuits Against Gawker; Forbes, 5/24/16

Ryan Mac, Forbes; This Silicon Valley Billionaire Has Been Secretly Funding Hulk Hogan's Lawsuits Against Gawker:

"The involvement of Thiel, an eccentric figure in Silicon Valley who has advocated for teenagers to skip college and openly supported Republican presidential candidate Donald Trump, adds another wrinkle to a case that has garnered widespread attention for its implications over celebrity privacy and a publication’s First Amendment rights. During court proceedings, which ended in late March with a $140 million victory for Hogan, there had been rumors that a wealthy individual had funded Hogan’s case though there was never any hard evidence that surfaced to prove that was true.

On Tuesday, in an interview with The New York Times, Gawker founder Nick Denton said he had a “personal hunch” that the financial aid could be linked to someone in Silicon Valley. “If you’re a billionaire and you don’t like the coverage of you, and you don’t particularly want to embroil yourself any further in a public scandal, it’s a pretty smart, rational thing to fund other legal cases,” he told the Times.

It is not illegal for an outside entity to help fund another party’s lawsuit, and the practice, known as “third-party litigation funding” has become increasingly common in the U.S. Typically, the outside party negotiates for a defined share of any proceeds from the suit."

California's Legislature Wants to Copyright All Government Works; Electronic Frontier Foundation (EFF), 5/13/16

Ernesto Falcon, Electronic Frontier Foundation (EFF); California's Legislature Wants to Copyright All Government Works:

"AB 2880 will give state and local governments dramatic powers to chill speech, stifle open government, and harm the public domain.

The California Assembly Committee on Judiciary recently approved a bill (AB 2880) to grant local and state governments' copyright authority along with other intellectual property rights. At its core, the bill grants state and local government the authority to create, hold, and exert copyrights, including in materials created by the government. For background, the federal Copyright Act prohibits the federal government from claiming copyright in the materials it creates, but is silent on state governments. As a result, states have taken various approaches to copyright law with some granting themselves vast powers and others (such as California) forgoing virtually all copyright authority at least until now.

EFF strongly opposes the bill. Such a broad grant of copyright authority to state and local governments will chill speech, stifle open government, and harm the public domain. It is our hope that the state legislature will scuttle this approach and refrain from covering all taxpayer funded works under a government copyright."