Free Speech

Free Speech & The Political Culture War

Jan 22, 2021

Your former President has been banned from major social media platforms. Your Governor suggests that American educators are indoctrinating our kids into communism. And, you have a friend who has fallen into the QAnon conspiracy. Here we are South Dakota... how do we fix it?


What Trump Off Twitter Means For Freedom Of Speech

Jan 21, 2021

In The Moment … January 21st, 2021 Show 975 Hour 1

Former President Donald Trump has left the White House, but he is still not allowed back on Twitter. After the attack on the U.S. Capitol on January 6, many of the extremists who committed crimes that day had posted their views, intentions, and actions on social media platforms. Large social media outlets routinely ban, if mostly temporarily, those who violate their user agreements. Guest: Gene Policinski, a leading national scholar on First Amendment protections and a senior fellow at Freedom Forum. 


News: Jun 20 - 26

Jun 26, 2020

DACA cannot be dismantled, Dicamba cannot be used. Plus, Trump is headed to Mount Rushmore for the 4th of July fireworks show. 


All this and more in this week’s In the Moment news podcast. 


In The Moment … June 24, 2020 Show 845 Hour 1


In The Moment ... December 11, 2019 Show 717 Hour 2

Does legislation requiring registration of people circulating petitions chill free speech in South Dakota? A civil trial at the Aberdeen federal courthouse challenges the implementation of HB 1094.  Reports from counties in Minnesota and North Dakota show communities divided over refugee resettlement. Is the quarrel coming to South Dakota?  The Dakota Political Junkies join us to discuss the top political topics of the day. We're joined by Mike Card and Jon Schaff. 


In The Moment ... October 2, 2019 Show 671 Hour 2

Former legislator Dan Ahlers is a Democratic candidate for the U.S. Senate in 2020.

And, does free speech push the rule of law?

Dakota Political Junkies Noel Hamiel, former legislator and Rapid City Journal columnist, and Jon Hunter, Madison Daily Leader publisher, dive into the issues.


In The Moment ... March 6, 2019 Show 529 Hour 2

A university free speech bill has been revived, legalized sports betting in South Dakota could go to the 2020 ballot, and Governor Noem proposes bills in anticipation of Keystone XL protests.

Dakota Political Junkies Jonathan Ellis of the Sioux Falls Argus Leader and Jon Hunter of the Madison Daily Leader talk about the issues.

  Reporting on politics and public policy is supported by The Center for Western Studies at Augustana University

Steve Munsen

In The Moment ... February 28, 2019 Show 525 Hour 1

Monday, Gene Policinski, COO of the Freedom Forum Institute and 1st Amendment Rights Center, moderated a Town Hall discussion with University of South Dakota professors and students. The topic was the status of the free press and free speech in today's political climate.

Gene Policinski stopped by the SDPB studios at the University of South Dakota on Monday to talk about how technology is transforming America's relationship with the First Amendment.

Regents Pass First Reading Of New Free Speech Policy

Oct 3, 2018

The governing body of the state’s public universities is in the process of updating its free speech policies.

That comes after a push in the legislature this past session to update the Board of Regents free speech policy failed.

Others say free speech is already protected in the regents policy.

The South Dakota Board of Regents is passing a first reading of an update to their free speech policy.

Senate Ed Committee Votes Down Free Speech Bill

Feb 22, 2018

The Senate Education committee narrowly voted down a proposal that protects free speech on public university campuses.

Senate Bill 198 is backed by a national organization for individual rights in education that wants those protections in state statute.

However, critics of the bill say those protections are in the state and federal constitution.

Joseph Cohn is with the Foundation for Individual Rights in Education, or FIRE.

Lee Strubinger / SDPB

Any official or commercial replica of the state seal must include the state motto, “Under God The People Rule.”

That’s what a bill that’s headed to the state House floor sets in place.

One lawmaker brought the legislation when she noticed some inconsistencies on an embroidered shirt for legislators.

House Bill 1102 requires consistent representation of the state seal for any official and commercial purposes.

Representative Sue Peterson brought the bill. She says when she ordered an official legislator shirt something was missing -- the state motto.

Not all speech is free speech under the First Amendment. For instance, libel, slander, fighting words, and yelling "fire" in a crowded theater are not protected. And neither is speech that conveys a credible threat.

The South Dakota Supreme Court drove that fact home in its recent opinion upholding the conviction of Edward Draskovich. Justices say it's not just the speaker's intent that's at issue. It's also the fear inspired in the listener. SDPB's Victoria Wicks has this report.