PEN Points: First Amendment confrontation may loom in post-Roe fight

Abortion-rights activists demonstrating against the Supreme Court decision to overturn Roe v. Wade sit in an act of civil disobedience, Thursday, June 30, 2022, in Washington. (AP Photo/J. Scott Applewhite)

First Amendment Confrontation May Loom in Post-Roe Fight

The Supreme Court declared clearly last week that there is no federal right to abortion. But how the decision in Dobbs v. Jackson Women’s Health Organization affects the right to talk about abortion remains far from settled. In states where abortion is outlawed, for instance, how can women be informed of their options elsewhere? Will media outlets be free to publish advertisements across state lines from providers operating in states where abortion has not been outlawed—as the Supreme Court long ago ruled they could?

“You have the right, ostensibly, to talk about abortion,” said Will Creeley, the legal director for the Foundation for Individual Rights and Expression. “The question then becomes whether that talk can be regulated if it aids and abets or encourages others to have an abortion. That presents a First Amendment problem. Will you still have the First Amendment right to speak when you no longer have the constitutional right to an abortion? And that is going to get messy.”

See PEN America’s resources on protecting your devices and privacy during protests; physical safety strategies for reporters covering demonstrations; and our media literacy toolkit and protest disinformation guide.

U.S. Free Expression Stories

TikTok is the new front in election misinformation
What makes TikTok different is its short-form video feed, where users see content driven by an opaque algorithm instead of the people they follow. In the political realm, such videos can be used to cast doubt on historical events or push misinformation about opponents—with statements often incorrectly quoted or used out of context. These posts may elude content moderators, who struggle to even sort fact from fiction. And because the videos pass by so quickly, such messaging is both subtle and catchy.
THE WASHINGTON POST

Journalists in Uvalde are stonewalled, hassled, threatened with arrest
A month after 19 children and two educators were killed at Robb Elementary School, a picture is emerging of a disastrous police response. Journalists who have flocked to Uvalde from across the country to tell that story have faced near-constant interference, intimidation and stonewalling from some of the same authorities.
THE WASHINGTON POST

Ethnic media was devastated by Covid. Now publishers are struggling to self-fund
While the pandemic has dealt a blow to the entire journalism industry—more than 100 local newsrooms have closed since—it’s been especially tough on small, ethnic news outlets that may not have the resources to stay afloat. Of the four Nepalese newspapers in New York City, all have been forced to close their print editions and turn entirely digital. See PEN America’s report on the decline of local news.
NBC NEWS

The Latest from PEN America

A demonstration in Minsk with participants wrapped in Belarusian flags

PEN America Condemns Sentencing of Belarusian Philosopher Uladzimir Mackievic to Five Years in a Penal Colony After Closed-Door Hearing

PEN America condemned the five-year penal colony sentence imposed on philosopher and PEN Belarus member Uladzimir Mackievič and joined PEN Belarus to demand his immediate and unconditional release, saying the charges against him are punishment for dissent and his commitment to human rights. See the full statement.

Digital Safety Snacks
Thursday 6/16 - Thursday 7/28 | 12pm ET
Digital Event Series

Journalists are increasingly expected to have an online presence and engage on social media to do their jobs, which can expose them to harassment. But there are concrete steps journalists can take to protect themselves and fight back. This June and July, grab your laptops and your phones and sign up for Safety Snacks! PEN America, the Online News Association, and the International Women’s Media Foundation have joined forces to create step-by-step videos and hands-on workshops on protecting yourself from doxing and hacking, securing your Twitter and Facebook accounts, and Instagram, LinkedIn, and cell phone hygiene. Learn more and register.

Read the Stories of Student DREAMers

PEN America’s new DREAMing Out Loud anthology is now available for purchase. The fourth volume of this series includes 23 new daring short stories, plays, personal essays, and poems by writers from Venezuela, Nigeria, Japan, Mexico, Guyana, Colombia, and beyond. This annual offering features original writing from DREAMing Out Loud, PEN America’s tuition-free writing workshop series for young undocumented and immigrant authors in New York City. Purchase a copy.

Global Free Expression Stories

Indian police arrest Muslim journalist accused of insulting Hindus
Delhi police have arrested Mohammed Zubair, a prominent Muslim journalist, accusing him of insulting religious beliefs on social media, in a move condemned by free speech advocates. Zubair is the co-founder of fact-checking website Alt News, which debunks misinformation in the Indian media.
REUTERS

Turkish police prevent Istanbul Pride from going ahead
Turkish police blocked hundreds of people from gathering for Istanbul's annual Pride parade and detained dozens after local authorities banned the march from going ahead again this year. Thousands of people used to attend Pride marches on Istanbul's main Istiklal Avenue but in recent years the government led by President Tayyip Erdogan and his Islamist-rooted AK Party has toughened its stance on LGBTQ+ freedom.
REUTERS

G7 nations, India and 4 other countries pledge to protect free speech
Leaders of the powerful G7 grouping and its five partner countries, including India, have said that they are committed to open public debate and the free flow of information online and offline. The joint statement came amidst allegations that the Indian government was stifling the freedom of speech and the civil society actors.
BUSINESS STANDARD

Spotlight: Jeffrey Escoffier

PEN America member Jeffrey Escoffier died on May 20 in Brooklyn at the age of 79. Escoffier’s remarkably varied career included helping to shape public health campaigns in New York City and writing extensively on gay identity and how it has been influenced by gay pornography and other factors.

Below is an excerpt from the Introduction to his book American Homo, where Escoffier tracks LGBTQ+ movements in American life.

...the years between 1968 and 1971 were a utopian moment in American culture. Black power, feminism, and socialism were on the agenda. When the account of the Stonewall riots appeared in the Village Voice in June 1969, my life changed all at once. I had long known that I was queer—that is, a homosexual—but I had never applied the word gay to myself. (Gay was the word used by homosexuals themselves.) Although I did not immediately join the gay liberation movement that emerged from the riots, within months I had consciously begun the process of coming out.

Read a longer excerpt here.

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