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Censorship Industrial Complex

California judge: first grader too young for free speech rights, family appeals

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From The Center Square

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As you read this keep in mind, she’s 6.

The mother of a first grader punished for handing an “innocent” drawing with the phrases “black lives matter” and “any life” to a classmate of color is appealing to the Ninth Circuit Court of Appeals after a lower court ruling  declared first-grade students are too young to be protected by the First Amendment. 

After a first grade lesson on Martin Luther King Jr. and Black Lives Matter, a student who felt bad for her classmate of color drew a picture for that classmate to allegedly help the classmate feel more included. The picture had the phrase “Black Lives Mater” (sic) above “any life,” with a picture below of four circles of different colors — which the author says represented her and three classmates holding hands. The student thanked the author for the drawing and took it home, after which the recipient’s mother reported the drawing to the school’s principal “to express concern that her daughter was being singled out for her race.” 

The school’s principal, Jesus Becerra, allegedly concluded that writing “any life” was “inconsistent with values taught in the school but acknowledged that [author’s] motives were ‘innocent.’” The recipient’s parents agreed the author innocently drew the picture and that they did not want the author punished, but Beccara allegedly declared the drawing “racist” and “inappropriate,” and submitted the first-grade author to punishment. 

Becerra forced the author to apologize to the recipient for the drawing — to which the recipient allegedly expressed confusion upon receiving, leading to more confusion from the author. He also banned the author, a student “who loved to draw,” from drawing and giving pictures to classmates, and teachers banned the author from recess for two weeks without telling her why. 

According to Transparent California, Becerra received total pay and benefits of $207,678.20 in 2022 as elementary school principal at Capistrano Unified School District. 

After the author’s mother found out about the punishment a year later, she requested an explanation and an apology from the school, escalating until filing a suit in federal court. The school district claimed Beccara was operating under qualified immunity against the author’s First Amendment and retaliation claims. A federal district court ruled on behalf of Beccara, finding that first grade students are not protected by the First Amendment.

“Giving great weight to the fact that the students involved were in first grade, the Court concludes that the Drawing is not protected by the First Amendment,” wrote the court, citing a U.S. Supreme Court ruling finding “schools may restrict speech that ‘might reasonably lead school authorities to forecast substantial disruption of or material interference with school activities’ or that collides ‘with the rights of other students to be secure and let alone.” 

The court also said the phrase “any life” was close to the phrase “All Lives Matter,” which it said is “an inclusive denotation but one that is widely perceived as racially insensitive and belittling when directed at people of color” in its justification for Beccerra’s actions. 

The case’s appeal claims Beccarra’s punishment of the author counts as retaliation for actions protected under the First Amendment, and that says first grader’s speech is protected under Tinker v. Des Moines Indep. Cmty. Sch. Dist, a United States Supreme Court ruling that says “First Amendment rights … are available to teachers and students,” who do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” 

The appeal from the Pacific Legal Foundation says the lower court incorrectly found the author’s speech fell under Tinker’s First Amendment exemptions for speech at school that infringes on another student’s right to be left alone with regards tobullying, or causes “substantial disruption.” 

The case now awaits a hearing and ruling from the Ninth Circuit, which should occur within a year.

Censorship Industrial Complex

Death by a thousand clicks – government censorship of Canada’s internet

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Justice Centre for Constitutional Freedoms

The Justice Centre for Constitutional Freedoms announces its latest publication, Death by a thousand clicks: The rise of internet censorship and control in Canada, authored by veteran journalist and researcher Nigel Hannaford. The report outlines how recommendations from the Broadcasting and Telecommunications Legislative Review Panel in 2020 set the stage for a series of federal bills that have collectively transformed Canada’s once open internet into a state-managed digital environment that restricts what Canadians may access, share, and say online.

The report highlights the following federal legislation:

Online Streaming Act (C-11): Passed in 2023, this Bill gives the CRTC power to regulate online videos and other content, including material created by everyday Canadians. It also lets the government influence online “discoverability,” meaning it can push certain content to the top of your feeds while making other content harder to find.

Online News Act (C-18): Also passed in 2023, this Bill forces platforms to pay approved news outlets, a measure that led to increased dependence of media organizations on the government and widespread blocking of Canadian news as a result of Meta’s news ban on Facebook and Instagram.

Online Harms Act (C-63): Although this Bill was halted by the 2025 election, it would have empowered a new “Digital Safety Commission” to order content removals, demand platform data, levy severe financial penalties on service providers for non-compliance with regulations created by the federal cabinet, and impose house arrest on Canadians who had not been charged with or convicted of any crime. It also would have allowed the Canadian Human Rights Commission to pursue Canadians over non-criminal “discriminatory” speech, together creating a sweeping censorship regime under the guise of addressing so-called “harms” that were already illegal.

Strong Borders Act (C-2): Introduced in June 2025 and currently at second reading, this Bill authorizes law enforcement to obtain subscriber information and metadata without a warrant, chilling anonymous online expression and eroding digital privacy.

An Act respecting cyber security, amending the Telecommunications Act and making consequential amendments to other Acts (C-8): Introduced in April 2025 and now before committee, this Bill expands government access to private networks and enables federal officials to direct telecommunications providers to kick individual Canadians off the internet without due process or appeal.

Combatting Hate Act (C-9): Introduced in September 2025 and currently before Parliament, this Bill broadens “hate-propaganda” offences, removes Attorney General oversight for prosecutions, encourages widespread self-censorship, and makes Canada more like the United Kingdom, where thousands of citizens are arrested over their social media commentary.

Report author Nigel Hannaford said, “It is important for Canadians to know that these bills are not isolated technical updates. Together they form a coordinated shift toward state-managed digital speech.”

“If we value open debate, privacy, and democratic accountability, we need to repeal the laws already passed and stop the ones now before Parliament,” he added.

Benjamin Klassen, Research and Education Coordinator for the Justice Centre, said, “It is important Canadians stay informed about these important issues. An informed public is essential to a free society.”

“Through research reports like this one, our Education team works to explain complex legislation in a way that empowers Canadians to participate in the national debate around important policies and defend their rights and freedoms,” he added.

To protect free expression online, Canadians should demand the repeal of Bills C-11 and C-18, insist that MPs vote against Bills C-2, C-8, and C-9, and elect representatives committed to restoring a free and open internet.

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Censorship Industrial Complex

Ottawa’s New Hate Law Goes Too Far

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From the Frontier Centre for Public Policy

By Lee Harding

Ottawa says Bill C-9 fights hate. Critics say it turns ordinary disagreement into a potential crime.

Discriminatory hate is not a good thing. Neither, however, is the latest bill by the federal Liberal government meant to fight it. Civil liberties organizations and conservative commentators warn that Bill C-9 could do more to chill legitimate speech than curb actual hate.

Bill C-9 creates a new offence allowing up to life imprisonment for acts motivated by hatred against identifiable groups. It also creates new crimes for intimidation or obstruction near places of worship or community buildings used by identifiable groups. The bill adds a new hate propaganda offence for displaying terrorism or hate symbols.

The Canadian Civil Liberties Association (CCLA) warns the legislation “risks criminalizing some forms of protected speech and peaceful protest—two cornerstones of a free and democratic society—around tens of thousands of community gathering spaces in Canada.” The CCLA sees no need to add to existing hate laws.

Bill C-9 also removes the requirement that the Attorney General consent to lay charges for existing hate propaganda offences. The Canadian Constitution Foundation (CCF) calls this a major flaw, noting it removes “an important safeguard for freedom of expression that has been part of Canada’s law for decades.” Without that safeguard, decisions to prosecute may depend more on local political pressures and less on consistent national standards.

Strange as it sounds, hatred just will not be what it used to be if this legislation passes. The core problem begins with how the bill redefines the term itself.

Previously, the Supreme Court of Canada said hatred requires “extreme manifestations” of detestation or vilification that involve destruction, abhorrence or portraying groups as subhuman or innately evil. Instead, Bill C-9 defines hatred as “detestation or vilification,” stronger than “disdain or dislike.” That is a notably lower threshold. This shift means that ordinary political disagreement or sharp criticism could now be treated as criminal hatred, putting a wide range of protected expression at real risk.

The bill also punishes a hateful motivation more than the underlying crime. For example, if a criminal conviction prompted a sentence of two years to less than five years, a hateful motivation would add as much as an additional five years of jail time.

On paper, most Canadians may assume they will never be affected by these offences. In practice, the definition of “hate” is already stretched far beyond genuine threats or violence.

Two years ago, the 1 Million March for Children took place across Canada to protest the teaching of transgender concepts to schoolchildren, especially the very young. Although such opposition is a valid position, unions, LGBT advocates and even Newfoundland and Labrador Conservatives adopted the “No Space For Hate” slogan in response to the march. That label now gets applied far beyond real extremism.

Public pressure also shapes how police respond to protests. If citizens with traditional values protest a drag queen story hour near a public library, attendees may demand that police lay charges and accuse officers of implicit hatred if they refuse. The practical result is clear: officers may feel institutional pressure to lay charges to avoid being accused of bias, regardless of whether any genuine threat or harm occurred.

Police, some of whom take part in Pride week or work in stations decorated with rainbow colours in June, may be wary of appearing insensitive or intolerant. There have also been cases where residents involved in home invasion incidents were charged, and courts later determined whether excessive force was used. In a similar way, officers may lay charges first and allow the courts to sort out whether a protest crossed a line. Identity-related considerations are included in many workplace “sensitivity training” programs, and these broader cultural trends may influence how such situations are viewed. In practice, this could mean that protests viewed as ideologically unfashionable face a higher risk of criminal sanction than those aligned with current political priorities.

If a demonstrator is charged and convicted for hate, the Liberal government could present the prosecution as a matter for the justice system rather than political discretion. It may say, “It was never our choice to charge or convict these people. The system is doing its job. We must fight hate everywhere.”

Provincial governments that support prosecution will be shielded by the inability to show discretion, while those that would prefer to let matters drop will be unable to intervene. Either way, the bill could increase tensions between Ottawa and the provinces. This could effectively centralize political authority over hate-related prosecutions in Ottawa, regardless of regional differences in values or enforcement priorities.

The bill also raises concerns about how symbols are interpreted. While most Canadians would associate the term “hate symbol” with a swastika, some have linked Canada’s former flag to extremism. The Canadian Anti-Hate Network did so in 2022 in an educational resource entitled “Confronting and preventing hate in Canadian schools.”

The flag, last used nationally in 1965, was listed under “hate-promoting symbols” for its alleged use by the “alt-right/Canada First movement” to recall when Canada was predominantly white. “Its usage in modern times is an indicator of hate-promoting beliefs,” the resource insisted. If a historic Canadian symbol can be reclassified this easily, it shows how subjective and unstable the definition of a “hate symbol” could become under this bill.

These trends suggest the legislation jeopardizes not only symbols associated with Canada’s past, but also the values that supported open debate and free expression. Taken together, these changes do not merely target hateful behaviour. They create a legal framework that can be stretched to police dissent and suppress unpopular viewpoints. Rest in peace, free speech.

Lee Harding is a research fellow for the Frontier Centre for Public Policy.

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