Photo: SWinxy / Wikimedia Commons (CC BY 4.0) Last week, the National Coalition Against Censorship, joined by the Foundation for Individual Rights and Expression, the Cato Institute, PEN America, the First Amendment Lawyers Association, and the Rutherford Institute, filed an amicus brief in front of the United States Court of Appeals for the First Circuit in American Association of University [...]
This week, the National Coalition Against Censorship joined organizations across the ideological spectrum in filing amicus briefs in support of the American Association of University Professors (AAUP) and Harvard University in their challenges to the Trump administration’s violations of academic freedom. The cases center on the administration’s threats to punish Harvard and Columbia University by revoking billions of dollars in [...]
Dear Mr. D’Amaro, We, the undersigned civil rights, civil liberties, free speech, press freedom, consumer advocacy and pro-democracy organizations, write to stand in solidarity with the Walt Disney Company for resisting the Federal Communications Commission (FCC)’s unprecedented abuse of its power to censor and punish Disney-owned broadcast content. The targeted campaign to punish and alter your broadcast content is [...]
Yesterday, Federal Communications Commission (FCC) Chairman Brendan Carr said that the agency will consider ABC’s decision not to air President Donald Trump’s July 16 address about election security as a factor in its early review of licenses to eight ABC-owned stations. This is merely the latest attempt by Chairman Carr in the FCC’s ongoing campaign to punish broadcast licensees [...]
The National Coalition Against Censorship (NCAC), represented by the SMU Dedman School of Law First Amendment Clinic, filed an amicus brief this week in the United States Court of Appeals for the Fifth Circuit in the consolidated cases of Students Engaged in Advancing Texas v. Paxton and Computer & Communications Industry Association v. Paxton. The lawsuit challenges the Texas App [...]
The National Coalition Against Censorship (NCAC) has joined The Future of Free Speech, the ACLU, and the Center for Democracy & Technology in submitting comments to the Federal Communications Commission urging the agency to declare that the television show The View is exempt from equal opportunities requirements as a bona fide news interview program. These requirements demand that broadcasters provide [...]
On Friday, the National Coalition Against Censorship (NCAC) led Poets & Writers, Electric Literature, Authors Guild, Dramatists Guild, and lawyer Annie Dorsen in filing an amicus brief before the U.S. Court of Appeals for the First Circuit in Rhode Island Latino Arts v. National Endowment for the Arts, urging the court to affirm that the National Endowment for the Arts [...]
The National Coalition Against Censorship joins six literary organizations in calling upon members of Congress to vote NO on HR 2616, ironically titled the “Stopping Indoctrination and Protecting Kids Act.” This bill seeks to weaponize critical public school funding to chill speech related to gender and LGBTQ+ identities. If passed, it would prohibit public elementary and middle schools that [...]
The National Coalition Against Censorship (NCAC) filed an amicus brief in D.A. v. Tri County Area Schools, a case about whether school administrators violated the First Amendment rights of students by requiring them to remove clothing bearing the words “Let’s Go Brandon.” This phrase is commonly understood on social media as a euphemism for the words “Fuck Joe Biden." [...]
The National Coalition Against Censorship has joined Protect the First Foundation, the Foundation for Individual Rights and Expression, and the Cato Institute in filing an amicus brief in support of the plaintiff's request that the United States Supreme Court consider the case of Lowery v. Mills. The petition asks the court to resolve whether a public employer's threats to fire, [...]
The National Coalition Against Censorship has joined the Freedom of Information Foundation of Texas, the Texas Association of Broadcasters, the Texas Press Association, the Electronic Frontier Foundation, the Foundation for Individual Rights and Expression, the Institute for Free Speech, and the Reporters Committee for Freedom of the Press in filing an amicus curiae brief in support of Paul Chabot’s petition [...]
The National Coalition Against Censorship (NCAC) filed an amicus brief in front of the United States Court of Appeals for the Second Circuit, joined by the Foundation for Individual Rights and Expression and the Manhattan Institute, in the case of Leroy v. Livingston Manor Central School District. Case Leroy, a high school senior at a New York public school, posted [...]
The National Coalition Against Censorship, joined by the ACLU of Louisiana, Duke Law First Amendment Clinic, Electronic Frontier Foundation, First Amendment Clinic at Southern Methodist University Dedman School of Law, Lafayette Citizens Against Censorship, the Media Institute, Clare R. Norins, the Pelican Institute for Public Policy, Amanda Reid, and the Rutherford Institute, filed an amicus brief in front of the [...]
The National Coalition Against Censorship, joined by the Dramatists Guild of America, Comic Book Legal Defense Fund, Fashion Law Institute, Authors Guild, Woodhull Freedom Foundation, Freedom to Read Foundation, American Booksellers Association, and Americans United for Separation of Church and State, filed an amicus brief before the United States Fifth Circuit Court of Appeals in Spectrum WT v. Wendler. [...]
Last week, the United States Court of Appeals for the Sixth Circuit issued an opinion in the case of B.A. v. Tri County Area Schools, holding that school administrators did not violate the First Amendment rights of students by requiring them to remove clothing emblazoned with the phrase “Let’s Go Brandon.” While students do not “shed their constitutional rights [...]
The National Coalition Against Censorship (NCAC), joined by right to read advocate Steven Pico, has filed an amicus brief before the United States Supreme Court. In May 2025, a majority of the U.S. Court of Appeals for the Fifth Circuit ruled in Little v. Llano County that library patrons have no First Amendment right to receive information and ideas [...]
Credit: Ponic Photography The National Coalition Against Censorship (NCAC) signed on to a coalition letter led by the Foundation for Individual Rights and Expression (FIRE), alongside the Society of Professional Journalists (SPJ) and the Student Press Law Center (SPLC). We urge newly appointed Institute of American Indian Arts (IAIA) President Shelly Lowe to reverse sanctions [...]
The National Coalition Against Censorship (NCAC) has joined Foundation for Individual Rights and Expression (FIRE), the Rutherford Institute, the Cato Institute, and the First Amendment Lawyers Association in filing an amicus curiae brief before the U.S. Court of Appeals for the Second Circuit. This critical case, Ozturk v. Hyde, raises profound questions about the scope of free expression in [...]
NCAC has joined FIRE and other free expression organizations in filing an amicus brief in the case of Netchoice v. Fitch, a lawsuit challenging the constitutionality of Mississippi H.B. 1126 under the First Amendment. This statute requires social media platforms to verify the age of all users and forbids platforms to permit minors to create accounts unless they have obtained consent [...]
NCAC has filed an amicus brief in the consolidated cases of NetChoice v. Paxton and Students Engaged in Advancing Texas v. Paxton, lawsuits challenging the constitutionality of Texas HB 18 under the First Amendment. This statute restricts certain digital platforms from permitting users under the age of 18 to access content that is obscene as to minors or “promotes, glorifies, or facilitates” [...]
NCAC has partnered with the sexual education and wellness platform O.school in filing an amicus brief with the United States Supreme Court in Free Speech Coalition v. Paxton, a lawsuit challenging the constitutionality of Texas HB 1181. This statute is part of a growing legislative trend in which states require websites that publish material deemed “harmful to minors” to [...]
Since returning to office in January, President Trump has repeatedly abused his executive power in an attempt to silence those who dare to challenge his administration’s agenda. This spring, the administration issued executive orders imposing sanctions on certain major law firms in retaliation for their advocacy on behalf of clients and issues disfavored by the President. Among other major [...]
Today, NCAC, along with our partners at PEN America, the Rutherford Foundation, and the First Amendment Lawyers Association, joined an amicus brief written and filed by The Foundation for Individual Rights and Expression (FIRE) in urging the court to uphold Mohamad Khalil’s First Amendment rights and release him from detention. In an era where political speech and academic freedom [...]
(NEW YORK) – PEN America, the Foundation for Individual Rights and Expression (FIRE), the National Coalition Against Censorship (NCAC), and the Student Press Law Center (SPLC) on Monday jointly filed an amicus brief to support the First Amendment rights of Netflix in a lawsuit over the series 13 Reasons Why, which depicted suicide. Netflix is being sued for damages following a 15-year-old girl’s [...]
The National Coalition Against Censorship joined the American Civil Liberties Union and the New York Civil Liberties Union in support of The New York Times’ right to report and publish information related to Project Veritas.
Eighth Circuit ruled in that an Arkansas anti-BDS statute imposed an unconstitutional condition on state contractors' exercise of their First Amendment rights.
NCAC has joined several free speech organizations in supporting Oberlin College’s appeal of a $44 million libel judgment that threatens the free speech rights of its faculty and students. They filed an amicus brief in an Ohio appeals court on June 5. The case grew out of the arrest of three African American students in 2016 for attempted theft [...]
NCAC has filed an amicus brief asking the Supreme Court to hear the case of a combat veteran who was arrested after he swore at a Department of Veterans Affairs employee on the telephone.
NCAC has joined with 17 other organizations in filing a brief with the US Supreme Court in the case of Prison Legal News v. Secretary, Florida Department of Corrections.
NCAC joins PEN America and 31 other prominent arts organizations in urging the Supreme Court to strike down the third version of the Trump travel ban issued in September 2017. The case will receive a hearing in the Supreme Court on April 25.
(Photo: Masha George/Flickr/cc) NCAC joins PEN America and 31 other prominent arts organizations to jointly file a friend of the court brief in the case of State of Hawaii v. Trump, urging the Supreme Court to strike down the third version of the Trump travel ban issued on September 27, 2017. Executive Order (EO) 13780 bans all immigration from six majority [...]
The university was sued by a group of students for failing to protect them from peer-on-peer harassment by not banning a social media app. NCAC writes in support of the university's commitment to free speech.
The National Coalition Against Censorship (NCAC) and 16 other nonprofits have filed an amicus brief in support of Representative William Lacy Clay of Missouri and his constituent, student artist David Pulphus.
NCAC has joined the Student Press Law Center, the Cato Institute and the Electronic Frontier Foundation in urging the Supreme Court to take the case of Craig Keefe who was expelled from a nursing program for 'unprofessional' remarks.
In a disturbing development that directly threatens the freedom to imagine, rap lyrics are being brought in as evidence in criminal trials (New York Times story). An amicus brief (below) filed by the New Jersey chapter of NCAC participating organization, the American Civil Liberties Union, argues That a rap artist wrote lyrics seemingly embracing the world of violence is [...]
NCAC has partnered with the Freedom To Read Foundation and other library, education, and free speech organizations in filing an amicus brief with the Ninth Circuit Court of Appeals in Arce v. Huppenthal, arguing that a statute which led to the disbanding of Tucson’s Mexican American Studies (MAS) program violates Arizona students’ First Amendment rights.
Gene Patents A gene patent case now in the Supreme Court is attracting a lot of attention, not only because of its importance to scientific research and health care but also because of its potential free speech implications. Association for Molecular Pathology v. Myriad Genetics challenges the validity of patents held by Myriad on the BRCA1 and BRCA2 [...]
ATLANTA, February 1, 2013-A federal jury today found former Valdosta State University (VSU) President Ronald M. Zaccari personally liable for $50,000 for violating the due process rights of former student Hayden Barnes in the case of Barnes v. Zaccari. In May 2007, Zaccari expelled Barnes for peacefully protesting Zaccari's plan to construct two parking garages on campus, calling a collage posted by Barnes on his personal Facebook page a "threatening document" and labeling Barnes a "clear and present danger" to VSU. Barnes first came to the Foundation for Individual Rights in Education (FIRE) for help in October 2007.
"College administrators have been blatantly and willfully violating student rights for decades, but they have far too often dodged personal responsibility. Not so today," said FIRE President Greg Lukianoff. "We hope this serves as a much-needed wake up call to college administrators that it's time to start paying close attention to the basic rights of their students."
"After five years, I finally feel vindicated. This is a victory for me but it's also a victory for students everywhere," said Barnes. "I hope that other college administrators take heed and see that violating students' rights can be costly and that they will be held accountable. I thank my legal team and FIRE for making this victory possible and my friends and family for standing by me through this difficult fight."
Barnes' ordeal began in the spring of 2007, when he protested Zaccari's plan to construct two new parking garages on campus at a cost of $30 million. By posting flyers and sending emails to Zaccari, student and faculty governing bodies, and the Board of Regents of the University System of Georgia, Barnes expressed his concerns and proposed what he saw as environmentally friendly alternatives. Barnes also penned a letter to the editor of the VSU student newspaper about the proposed parking garage plans and wrote to Zaccari to ask for an exemption from the mandatory student fee designated for funding the construction.
In response to Barnes' activism, Zaccari personally ordered that he be "administratively withdrawn" from VSU in May of 2007, ignoring the concerns raised by members of his administration. Zaccari absurdly claimed that Barnes presented a "clear and present danger" to both Zaccari and the VSU campus on the basis of a cut-and-paste collage Barnes had posted on his Facebook page that included pictures of Zaccari, a parking deck, and the caption "S.A.V.E.-Zaccari Memorial Parking Garage." Given no notice or opportunity to defend himself, Barnes came to FIRE for help in October 2007.
Today's verdict follows five years of litigation, both at the trial and appellate levels. In January 2008, Barnes filed suit in cooperation with eminent First Amendment attorney and FIRE Legal Network member Robert Corn-Revere of Davis Wright Tremaine in Washington, D.C., and Cary Wiggins of The Wiggins Law Group in Atlanta.
In September of 2010, the U.S. District Court for the Northern District of Georgia found that because Zaccari expelled Barnes without notice or a hearing, Zaccari violated Barnes' constitutional right to due process. In its opinion (PDF), the district court ruled that because Zaccari ignored "clearly established" law in punishing Barnes, Zaccari could not avail himself of the defense of "qualified immunity," and could be found personally liable for damages.
Zaccari and the Board of Regents appealed the district court's ruling to the United States Court of Appeals for the Eleventh Circuit in October 2010, and oral arguments in the case were heard in Montgomery, Alabama, in November 2011. The Eleventh Circuit upheld the district court's denial of qualified immunity to Zaccari, finding that Barnes "had a clearly established constitutional right to notice and a hearing before being removed from VSU." Joined by 14 other organizations from across the ideological spectrum concerned about student rights on public campuses, FIRE had authored and filed an amici curiae brief with the Eleventh Circuit in April 2011 urging that result.
Following the Eleventh Circuit's ruling, the case returned to federal district court. The trial began on Monday, January 28, 2013, before the United States District Court for the Middle District of Georgia, Valdosta Division, and ended today with a verdict in Barnes' favor. In addition to the $50,000 judgment, attorneys' fees still remain to be assessed against the losing party. Barnes' separate breach of contract claim against the Board of Regents remains pending in state court.
"We are very pleased to have secured a just outcome for Hayden," said Corn-Revere.
FIRE has aided Barnes since learning of his case in October 2007. FIRE wrote repeatedly to Board of Regents officials, urging them to undo VSU's unlawful actions and uphold the Constitution within the university system. Under pressure from FIRE and the federal lawsuit against Zaccari and other VSU administrators, the Board of Regents finally reversed Barnes' expulsion early in 2008, and Zaccari retired months earlier than planned. Under further pressure from FIRE, former VSU President Patrick J. Schloss dismantled VSU's unconstitutional free speech zone in September 2008.
FIRE is a nonprofit educational foundation that unites civil rights and civil liberties leaders, scholars, journalists, and public intellectuals from across the political and ideological spectrum on behalf of individual rights, due process, freedom of expression, academic freedom, and rights of conscience at our nation's colleges and universities. FIRE's efforts to preserve liberty at Valdosta State University and on campuses across America can be viewed at thefire.org.
CONTACT: Will Creeley, Director of Legal and Public Advocacy, FIRE: 215-717-3473; [email protected]
Schwarzenegger v. Entertainment Merchants Association et al: The brief challenges a California law designed to prevent minors from purchasing "violent video games." The law requires that any violent video game "that is imported into or distributed in California for retail sale" be labeled with a two inch by two inch label marked "18."
In July, 2010, NCAC joins The Thomas Jefferson Center for the Protection of Free Expression, The Marion B. Brechner First Amendment Project, and The Pennsylvania Center for The First Amendment in a friend of the court brief in the Supreme Court in support of the right to protest.
