“Speech is powerful. It’s the lifeblood of democracy, a precondition for the discovery of truth, and vital to our self-development. But speech is also dangerous. It can corrupt democracy, enable or incite crime, encourage enemies, and interfere with government.”
Those words were written Lawrence Tribe and Joshua Matz in their 2014 book on the Robert’s Court, Uncertain Justice. We see examples of their analysis before us each and every day.
Over the course of the last couple of years, I had the pleasure of dining in an intimate environment with Jamal Khashoggi. I always came away with new insights about the Middle East, and in particular, trends within Saudi Arabia. He had an insider’s perspective as he spoke truth to power from self-imposed exile in Virginia. Journalism today has become more dangerous. It has always been dangerous. A friend and Getty Images photojournalist, Chris Hondros, embedded with my units about ten times while I served in Iraq. Chris didn’t make it back from covering the Libyan conflict in 2011. Another colleague, Regis LeSommier, with Paris Match, has interviewed Bashar al Assad twice in the last few years. In order for the world to understand what is going on in dark corners of humanity, we need intrepid journalists willing to risk their lives in order to get the story.
However, the climate in the United States has gone from loss of confidence in public institutions, the media being one, to hostility in some circles. This has led to attacks on media organizations. Of course, journalists, and media organizations exhibit bias. All human beings do. But we should resist the urge to demonize journalists and the organizations they represent. Media organizations that have shifted from more objective, fact based reporting to opinion have done so based on market conditions. That’s what we, as Americans, have asked for. While we talk a good talk in terms of just wanting the news, neuroscientists have documented the effects of seeking self-affirming sources of information. We like it when we believe we are right. Reading or hearing a story that confirms our own preconceived narratives feels good.
FAV is happy to continue our coffee talk program that provides a forum for civil discussion about press freedom and other pressing First Amendment issues. If you would like to learn more about coffee talks or host one, please reach out. We would love to promote more opportunities for citizens to come together and explore ideas relevant in your community.
Yours in service,
Steve Miska and the FAV Team
Didn’t get a chance to attend last month’s National Symposium in Philadelphia? Watch newly released videos on our YouTube channel to get a sense for the experience that participants enjoyed. Don’t forget to Subscribe.
According to the Student Press Law Center, a 1969 Supreme Court decision contended that, “it can hardly be argued that either students or teachers shed their constitutional right to freedom of speech at the schoolhouse gate.” Since this proclamation was made, there have nevertheless remained many obstacles for student journalists in high schools across the U.S.
In some cases, the administrators prevail due to First Amendment exemptions for private schools, as the law may only prohibit public school officials from suppressing students’ free speech and press freedoms. School-sponsored publications may also be subjected to censorship in some cases, but it varies from situation to situation.
Do you believe the First Amendment should apply equally to student journalists at the high school level as it does to professional journalists? Let’s explore what’s going on in the status quo:
Legal Precedents
In 1988, the Supreme Court’s Hazelwood School District v. Kuhlmeier decision allowed administrators to censor some school-sponsored content at their own discretion. For instance, school yearbooks have been subjected to censorship practices with the justification that they are “non-public forums,” and thus, not protected by the First Amendment.
Compared to student journalists at public colleges and universities, high school student journalists ultimately have fewer legal protections and face significantly more censorship when they attempt to publish potentially controversial material in their school newspapers and other publications.
Attempts to Limit Student Reporting Efforts
There have been many attempts by administrators to completely censor, alter or restrict high school journalists’ reporting efforts. For example, high schoolers in Vermont recently fought for their First Amendment freedoms when an interim principal tried to censor a report about a guidance counselor who had falsified student transcripts, intimidated employees, and revealed a student’s private information to another party without the student’s prior knowledge and consent.
This is just one of many instances of administrators trying to prevent their students from engaging in their First Amendment freedoms. Do you believe that high schoolers should have the same free press rights as their professional counterparts? The legal battles are far from over, but time and politics will determine if youth ought to have equal access to their First Amendment rights as adult journalists do.
The Third Annual National Symposium took place at the National Constitution Center on September 15th in the City of Philadelphia under the theme “E Pluribus Unum or Divided?” exploring what unites us as a country and where social divisions might be widening.
The National Constitution Center hosted the symposium for the 3rd year in a row. Morning sessions hosted panel discussions on social divisions as they relate to the First Amendment. A working lunch addressed ways in which we can engage in civil dialogue both as students and non-students. During the afternoon, the forum spotlighted the NFL Kneeling Controversy in a Town Hall forum debate with a veteran, NFL football player and other perspectives featured.
Why does “fake news” get so much attention in the press these days? Tabloids and media rumors have been around for centuries, but the spread of “fake news” is a relatively recent phenomenon that has become a serious problem thanks to the instantaneous sharing capabilities of email, texts and social media.
Is “fake news” as big a threat to our First Amendment freedoms as some people proclaim it to be? Let’s unpack the potential implications:
Freedom of the Press
During a time when newspapers and other media organizations are struggling to stay afloat financially, it’s increasingly concerning to witness how fake news stories with clickbait headlines are getting more engagement and shares on social media than legitimate news stories. This poses a serious threat to the freedom of the press clause in the First Amendment because fake news stories distort public perceptions about real-life events, which has led to problematic consequences such as:
Increased public distrust of media organizations
Lower subscription rates for credible news outlets
Higher rates of censorship, harassment and even violence against journalists
Alarming incidents of people acting upon fake news stories, such as the infamous “Pizzagate” scandal
Unfounded “Fake News” Accusations
Another major concern related to fake news and the First Amendment is the prominence of politicians, corporate executives, and other societal leaders referring to news stories they disagree with as “fake news,” regardless of the truthful nature of the story in question. By dismissing unfavorable news stories as “fake,” these individuals — many of whom have large followings on social media and in real life — are contributing to negative public sentiment towards journalists and media organizations.
Furthermore, discrediting news stories and/or organizations by labeling them as “fake” is making it increasingly difficult for members of society to discern between fact, “alternative facts,” and fiction. This only furthers public mistrust in otherwise highly credible news outlets and allows an individual’s persuasiveness to outweigh factual reporting published by diligent journalists.
To help combat the growing issue of fake news in our society, be sure to read through FactCheck.org’s guidelines for detecting fake news stories before sharing a questionable news story on social media or dismissing something you disagree with as “fake news.”
Michel Faulkner speaks on the NFL kneeling controversy panel at the 3rd annual National Symposium in Philadelphia
Many FAV supporters had the privilege of interacting with experts from the first amendment space in Philadelphia during our national Symposium, in addition to meeting lots of people interested in civil discourse. After Dr. Wilson Goode, the first African American Mayor of Philadelphia, provided a thought provoking keynote address, the opening plenary panelists explored the contours of first amendment trends on college campuses, in the media, and through the lenses of technology and social media. These nonpartisan experts agreed that America’s current state of political polarization could not be addressed with technological fixes or government involvement. They concluded that we as citizens needed to develop political and social paths forward to resolve some of the most vexing challenges facing our country. So, how do we do that?
After our breakout trainers provided tools for civic engagement, Kern Beare, Founder of Pop the Bubble, demonstrated how to engage in a “Difficult Conversation,” and Janessa Gans Wilder, Founder and Executive Director of the Euphrates Institute, led students on a journey of self-exploration to determine what in their personal stories shaped their current perspectives of the world. Following the Symposium, Kern led several Difficult Conversation workshops in the DMV area, including Capitol Hill on September 18th, Frederick, Maryland on September 27th, and Arlington, Virginia on September 28th. We seem to have a thirst for understanding how to bridge divides in our society. The partisan rhetoric alienates many people from wanting to engage in the public square. However, when we host events that establish norms of first seeking to understand andlisten, people tend to be willing to take the risk of venturing forth.
FAV will continue to collaborate in this space and is currently in discussions with strategic partners to bring our programming to the west coast. Don’t worry, we’ll return to Philly and DC, as well. Look for more opportunities to experience meaningful dialogue around sensitive issues like the conversation we hosted in Philadelphia. Kern moderated a discussion on the NFL Kneeling issue between Reverent Michel Faulkner, a former Jets Defensive Lineman, Scott Cooper, a retired Marine officer, and Mr. Alan Inman, a decade’s long leader and organizer in African American communities and Senior Advisor to the Global Peace Foundation. Speakers demonstrated civility to each other, as well as, audience members who asked questions or contributed to the discussion. Stay tuned for similar programming in future FAV events! The experience can be uplifting and contribute to healing some of the divisions within our present discourse.
Please forward this newsletter to friends and colleagues you think would appreciate FAV’s work. Subscribe here.
Yours in service,
Steve Miska and the FAV Team
3rd Annual First Amendment Voice National Symposium Highlights
Many people have been getting fired from their jobs recently due to content they posted on their personal social media accounts. Some of the well-known instances of someone losing a job due to their expressions on social media include:
Former Guardians of the Galaxy director James Gunn was fired for 2008-2009 era tweets containing offensive messages about race, women, the Holocaust and 9/11.
Former PR executive Justine Sacco, “jokingly” tweeted about not getting AIDS during a trip to Africa because she was white (she was fired before her plane landed after the tweet went viral).
A former nurse in Texas was fired for violating HIPAA by posting about a patient with measles in an anti-vaccination group in which she was a member.
There are many other instances of people losing their jobs over social media posts, but does this actually violate their rights to freedom of speech and expression? Let’s unpack some of the First Amendment issues at hand:
Free Speech in a Private Workplace
As the American Bar Association points out, “if this use of economic power to punish speech sounds un-American, remember that the First Amendment limits only the government’s ability to suppress speech.” This means that individuals employed by private companies could be subjected to restrictive social media policies as conditions for their continued employment and possibly fired for posting anything that could hurt the company’s reputation — even if you don’t post anything about the company or people working there at all.
Union members may have greater freedom when it comes to posting whatever they want on social media without fearing retribution from an employer due to union negotiations and contracts prohibiting the termination of an employee for reasons related to social media activity. However, this is not guaranteed and if you’re considered an “at-will” employee, then the First Amendment likely will not protect you if you’re fired as a result of something you posted or even shared on social media.
Free Speech for Public Employees
Since public employees work for the government, most of them are given full First Amendment rights to freedom of speech in the workplace and beyond. As WorkplaceFairness.org explains, public employees can generally not be terminated from their positions unless their speech relates to a matter of “public concern”. But even this is a murky gray area that courts have yet to adequately and thoroughly define.
Watch What You Post on Social Media
To minimize the possibility of losing your job over what you post on social media, there are a few things you should do to lower your risk of retaliation:
Delete any old posts that could be considered inflammatory or offensive.
Limit how far back people can view your posts on your social profiles.
Don’t post anything online that you wouldn’t want to see connected to your name.
Increase your social media privacy and security settings.
Review your employer’s social media policy for employees (if one exists).
Our national convening in the City of Philadelphia for our Third Annual National Symposium took place at the National Constitution Center on September 15th. The theme this year was “E Pluribus Unum or Divided?” as we explored what unites us as a country and where social divisions might be widening.
The National Constitution Center was our host site for the 3rd year in a row. Morning sessions hosted panel discussions on social divisions as they relate to the First Amendment. A working lunch addressed ways in which we can engage in civil dialogue both as students and non-students. During the afternoon, we spotlighted the NFL Kneeling Controversy in a Town Hall forum debate with a veteran, NFL football player and other perspectives featured.
The Third Annual National Symposium took place at the National Constitution Center on September 15th in the City of Philadelphia under the theme “E Pluribus Unum or Divided?” exploring what unites us as a country and where social divisions might be widening.
The National Constitution Center hosted the symposium for the 3rd year in a row. Morning sessions hosted panel discussions on social divisions as they relate to the First Amendment. A working lunch addressed ways in which we can engage in civil dialogue both as students and non-students. During the afternoon, the forum spotlighted the NFL Kneeling Controversy in a Town Hall forum debate with a veteran, NFL football player and other perspectives featured.
Janessa Gans Wilder is a former CIA officer turned peacebuilder, social entrepreneur, and nonprofit executive. She is the Founder and Chief Executive Officer of The Euphrates Institute, a grassroots peacebuilding organization. She founded Euphrates after five years at the CIA focused on the Middle East, including serving 21 months in Iraq from 2003-2005. Janessa is a frequent speaker in interfaith, community, government, international, and educational settings. She has written dozens of articles and been interviewed by major news outlets, including CBS, CNN, Los Angeles Times, Christian Science Monitor, Democracy Now, and many more.
Joe Cohn, FIRE’s Legislative and Policy Director, is a 2004 graduate of the University of Pennsylvania Law School and the Fels Institute of Government Administration, where he earned his Juris Doctor and Masters in Government Administration. A former staff attorney for the United States Court of Appeals for the Third Circuit and law clerk in the Philadelphia Court of Common Pleas, he also served as a staff attorney at the AIDS Law Project of Pennsylvania, where his work earned him accolades from The Legal Intelligencer and Pennsylvania Law Weekly (“2007 Lawyer on the Fast Track”) in 2007 and from Super Lawyers magazine (“Rising Star”) in 2008.
Scott Cooper is the National Security Outreach Director at Human Rights First and leads their project ‘Veterans for American Ideals,’ a nonpartisan movement of military veterans to continue their service by using their voices to encourage America to live up to its ideals. He is a retired Marine who served multiple tours in both Iraq and Afghanistan.
Kern Beare is a former vice president of communications for a large technology firm in Silicon Valley, CA. After leaving the corporate world in 2005, he co-founded Global Mindshift, a non-profit offering online facilitated workshops on the essential skills we need to survive and thrive in today’s interconnected and interdependent world. Kern is the founder of Pop the Bubble, an initiative to help heal our current national divide. As part of that initiative he travels the country leading a workshop entitled “Difficult Conversations: The art and science of thinking together.”
Chelsea Langston Bombino serves as Director for Sacred Sector, an initiative of the Center for Public Justice. In this role, Chelsea empowers faith-based organizations and future faith-based leaders to fully embody their sacred missions in every area of their organizational lives, including their public policy engagement, organizational practices, and public positioning. Chelsea also serves as Director for the Institutional Religious Freedom Alliance (IRFA), a division of the Center for Public Justice.
Robert Faris is the Research Director at the Berkman Klein Center and co-author of the book Network Propaganda: Manipulation, Disinformation, and Radicalization in American Politics, to be released September 27. His research includes the study of digital communication mechanisms by civil society organizations and social movements, the emergence and impact of digitally-mediated collective action, the influence of networked digital technologies on democracy and governance, and the evolving role of new media in political change.
Dr. W. Wilson Goode, Sr. is a former Mayor of Philadelphia and the first African American to hold that office (1984-1992). He currently serves as the President and CEO of Amachi, Incorporated, a nationally acclaimed faith-based program for mentoring children of incarcerated parents; and Chairman and CEO of Self, Incorporated – a nonprofit corporation dedicated to serving homeless men and women. He is a Senior Fellow at the Fox School at the University of Pennsylvania. Because of his innovative and ground-breaking work, he received two prestigious awards in 2006: the Civic Ventures Purpose Prize, and the Philadelphia Inquirer’s Citizen of the Year Award.
Rev. Michel Faulkner from Washington, D.C. was an all-star football player that became a freshman All-American and four-year starter at Virginia Tech. Rev. Faulkner graduated with a B.A. in communications and later returned to VA Tech for his MA. He played two seasons (1980-82) in the NFL, one season with the NYJets. He is founder of the Institute for Leadership and currently serves as the Executive Vice President of CE National.
Greg Jaffe is a reporter with The Washington Post who writes about national security and politics. He covered the White House for the Post from 2014-2017. From 2000-2013 Greg covered the Pentagon and the U.S. military for the Wall Street Journal and The Washington Post, traveling regularly to Iraq and Afghanistan. He is the co-author of “The Forth Star” about the lives of four Army generals and the roles they played in the Iraq War. Jaffe shared a Pulitzer Prize in 2000 for a series on defense spending and won the Gerald R. Ford award for defense coverage in 2002 and 2009.
Will you be in Philadelphia this September 15? This is your chance to win FREE admission to our National Symposium at the National Constitution Center! It’s easy, all you have to do is:
Follow @1stamendmentvoice
Post a photo showing how you bring people together in your community and tag it #FAVunity.
That’s it! Winners selected every week. Your submission will also be eligible for a Grand Prize at the end of August!
Update: Congratulations to Hilary Cohen, our Grand Prize Winner!
According to Roger McNamee, filter bubbles are the “most important [tools] used by Facebook and Google to hold user attention” because they lead to an “unending stream of posts that confirm each user’s existing beliefs.” In other words, filter bubbles arise from online algorithms that are tailored to each individual user based on what they have previously searched for. This may seem like a good idea for creating a more customized web browsing experience, but when it comes to politics and democracy itself, filter bubbles can have devastating consequences.
Since our upcoming National Symposium focuses on the subject of political divisions in America today, let’s explore the role online filter bubbles play in political polarization:
Shutting Out Dissent
Filter bubbles are dangerous because they create the illusion that everyone agrees with our thoughts and opinions online. If we disagree with someone’s political views on social media, we can simply block or unfollow them, which means we won’t have to read any dissenting opinions, let alone engage with others who disagree with us in any way. This is problematic because it can further entrench our values and ideas without ever having to critically question why we believe what we believe or consider alternative viewpoints.
If we are not exposed to other ideas and perspectives beyond our own beliefs, then this artificial absence of contrary evidence or opinions can trick us into thinking we must be right because no counter-argument seems to exist. In reality, we simply don’t see those counter-arguments. The algorithms that determine what we see first (or at all) in our social media and news feeds sacrifice exposure to many possible views in exchange for a highly subjective web browsing experience related to our search histories.
Be Open to New Perspectives
To avoid getting caught in a filter bubble and boost your own awareness of others’ views, it’s important to consume news and other informative content from a variety of websites and news platforms instead of only going to one source for all your information. Additionally, you should embrace opportunities to engage with others who disagree with you – online and offline – in order to understand what “the other side” believes and critically consider your own beliefs, rather than accepting them as innately true.
It’s not easy to accept the possibility that viewpoints contradicting your own could be just as valid as your views, but it’s a crucial component of becoming a well-rounded and informed citizen, rather than giving in to political polarization and attacking the “other side” just because you disagree with them. The old adage of “let’s agree to disagree” is relevant here – you may never come eye-to-eye with someone online, but rather than getting trapped in a filter bubble, actively reach out and constructively engage with others to bridge divides and begin the healing process for our deeply polarized nation.
James Madison once said, “What spectacle can be more edifying or more seasonable, than that of Liberty and Learning, each leaning on the other for their mutual and surest support?” With our Founding Fathers’ wisdom in mind, we couldn’t be more excited to share new and exciting details about our upcoming national symposium with you! This year’s theme involves “E. Pluribus Unum or Divided?” – in which we’ll explore the current state of political polarization in the U.S., along with research-proven strategies and expert advice guiding discussions to help us overcome divisions amongst our fellow citizens.
What you need to know about the Symposium
This year’s symposium will take place at the National Constitution Center in Philadelphia. We have many amazing speakers and discussion panels lined up, and you can get a head start on the event by attending our exclusive VIP reception at the Wyndham Hotel on Friday, September 14th.
Since our main focus is overcoming political divisions and developing new, constructive ways to interact with citizens in our communities and online, panels will include speeches from experts and opportunities for attendees to discuss the most pressing issues affecting our First Amendment rights. The symposium will begin at 9am and conclude at 5pm on Saturday, September 15th, so be sure to sign up today to secure your spot at this once-in-a-lifetime event.
Student can enter our Instagram contest
George Washington once said, “A primary object should be the education of our youth in the science of government. In a republic, what species of knowledge can be equally important? And what duty more pressing than communicating it to those who are to be the future guardians of the liberties of the country?”
In other words, students of today are the protectors of our First Amendment freedoms in the future, which is why we want to acknowledge and reward civic-minded high school and college students for their efforts. If you are actively making a difference in your community and want to learn more about how you can preserve First Amendment rights for everyone, then you won’t want to miss our Instagram contest this year!
We’re giving away free tickets to the symposium for students who demonstrate their commitment to unity by following First Amendment Voice on Instagram and submitting photos with #FAVUnity in the caption (be sure to explain how you’re bridging divides and bringing people closer together, too!). One student grand prize winner will receive free admission to our VIP Reception at the Wyndham Hotel on Friday evening before the symposium begins, so enter our contest any time before September 1st for a chance to win big!
Plan your visit to this year’s Symposium
The 3rd annual symposium is just around the corner, so click here to sign up to attend the event. Performing our civic duties involves so much more than just voting, so come out to Philadelphia and engage with like-minded citizens to learn about the latest and most successful strategies for protecting our Constitutional rights for all Americans.
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or Abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.”
According to the 
Why does “fake news” get so much attention in the press these days? Tabloids and media rumors have been around for centuries, but the spread of “fake news” is a relatively recent phenomenon that has become a serious problem thanks to the instantaneous sharing capabilities of email, texts and social media.
Many people have been getting fired from their jobs recently due to content they posted on their personal social media accounts. Some of the well-known instances of someone losing a job due to their expressions on social media include:
According to Roger McNamee, 
James Madison once said, “What spectacle can be more edifying or more seasonable, than that of Liberty and Learning, each leaning on the other for their mutual and surest support?” With our Founding Fathers’ wisdom in mind, we couldn’t be more excited to share new and exciting details about our upcoming national symposium with you! This year’s theme involves “E. Pluribus Unum or Divided?” – in which we’ll explore the current state of political polarization in the U.S., along with research-proven strategies and expert advice guiding discussions to help us overcome divisions amongst our fellow citizens.
