The Risk of Public Statements about Someone’s Behavior
Edward L. Birk Mar 22, 2018 in First Amendment
With apologies to my academic friends: it is sometimes said that arguments in academia are especially vehement because the stakes are so low. However, from the perspective of Florida community college professor Isabel Del Pino-Allen, the stakes in her defamation lawsuit against a fellow professor are very high: her employment and reputation. Del Pino-Allen sued Juan Santelises for slander after the fellow professor allegedly made numerous false, malicious, and defamatory claims to the administration of […]
Continue ReadingOpen Government and the Importance of Lobbyists’ Transparency
Edward L. Birk Feb 15, 2018 in First Amendment
Open government is the best government, and we are fortunate that Florida has some of the strongest open records laws and policies in the country. Though not perfect, they do a good job of promoting a more transparent and accountable government. One such policy began in 2016 when Florida House Speaker Richard Corcoran, R-Land O’Lakes, implemented new House rules. The new rules require lobbyists to register and publicly disclose who they’re lobbying for and what […]
Continue ReadingMarks Gray Attorney Ed Birk’s TV Interview with News4Jax
Edward L. Birk Feb 8, 2018 in First Amendment
On January 31, 2018, Marks Gray news media and First Amendment attorney Edward Birk was interviewed outside the Duval County courthouse by New4Jax. Birk represents Graham Media Group/News4Jax in a dispute about what evidence will be made public in the high-profile case involving the 1998 kidnapping of Kamiyah Mobley as a newborn. News4Jax and a coalition of news organizations filed a public records request to the State Attorney’s Office about the case, but defendant Gloria Williams’ […]
Continue ReadingAttorney David Boies’s Career-Killing Ethical Breach for Weinstein
Edward L. Birk Dec 21, 2017 in First Amendment
Many have wondered how Harvey Weinstein’s story went unreported for so long. Part of the reason may have come to light in a recent New Yorker article. According to the New Yorker article, and other news coverage, Weinstein hired attorneys and private intelligence agencies to collect damaging information on journalists working on stories about him as well as their sources. The explicit goal of these investigations was to prevent the publication of the abuse allegations […]
Continue ReadingFlipping the Bird at the President Is Protected Speech; Bragging about It on Social Media, Not So Smart
Edward L. Birk Dec 14, 2017 in First Amendment
A recent court case reaffirmed that flipping the bird in protest is usually protected speech, not disorderly conduct. When the gesture is used to express contempt, anger, or protest, and not a “true threat,” in most situations a person cannot be guilty of a crime. But can you be fired from your job for flipping the bird? And what if you took it one step further… and flipped the bird at the President? Recently, […]
Continue ReadingCould the President Punish NBC News for What He Says Is a False Report?
Edward L. Birk Nov 16, 2017 in First Amendment
A recent NBC News report said that the president wanted an almost tenfold increase to our nuclear warhead stockpile. Trump was quick to claim the story was “made up and “pure fiction” on Twitter. He followed that up with a tweet threatening the broadcast license for NBC. With all of the Fake News coming out of NBC and the Networks, at what point is it appropriate to challenge their License? Bad for country! — […]
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