Do Critics of Police Have the First Amendment Procedural Protections That Nazis Get?
The Ohio S. Ct. will take up the question, in the Cincinnati prior restraint case in which we filed an amicus brief.
Free Speech
"On That Premise This Land Was Created, and on That Premise It Has Grown to Greatness"
"The greater the importance of safeguarding the community from incitements to the overthrow of our institutions by force ..., the more imperative is the need to preserve inviolate the constitutional rights of free speech ... to maintain the opportunity for free political discussion, to the end that government may be responsive to the will of the people and that changes, if desired, may be obtained by peaceful means."
Presidential Free Speech and the Congressional Impeachment Power
The First Amendment should not be a viable defense in an impeachment trial
My USA Today Op Ed on Josh Hawley, Freedom of Speech, and Threats to Liberty From Left and Right
Both Hawley's "national conservatism" and similar ideas prevalent in many quarters on the left threaten free speech and liberty more generally.
"The First Amendment Is Interpreted by the Courts, not Tech Companies"
A nice line, though said in a narrow context (whether Facebook's decision not to remove comments from a government agency's page is relevant to whether the government agency could delete them).
"The Law School Acknowledges That the Racial and Gender References on the Examination Were Deeply Offensive"
A controversy at the University of Illinois Chicago John Marshall Law School (not to be confused with the University of Illinois at Urbana-Champaign).
Don't Let the Capitol Riot Become a 9/11-Style Excuse for Authoritarianism
Frightening events create openings for attacks on civil liberties.
Impeaching Trump for his Role in Inciting the Attack on the Capitol Doesn't Violate "Established Free Speech Rights"
A rejoinder to Josh Blackman and Seth Tillman.
No, AOC, It's Not the Government's Job to 'Rein in Our Media'
The First Amendment doesn't come with an exception for "disinformation."
Is the Great Deplatforming of 2021 an Assault on Free Speech?
No, says Techdirt's Mike Masnick, but it is cause for expanding Section 230 and building a more decentralized internet.
Prosecuting Trump for Incitement Would Set a Dangerous Precedent
Unlike the cancellation of Josh Hawley’s book, such criminal charges pose a real threat to freedom of speech.
How To Respond to the Great Deplatforming of 2021
We need an open digital commons, where individuals maintain ownership of their own identities and where speech is highly resistant to political pressure.Â
Did Trump Engage in 'Insurrection or Rebellion' Against the Constitution?
The impeachment article against the president cites a little-discussed section of the 14th Amendment.
DERBY-PIE Trademark Owner Can't Stop Newspaper from Discussing Other Derby Pies
An interesting illustration of the "non-trademark use" doctrine.
Millions of Users Are Flooding Encrypted Apps After Social Media Purges
Plus: Supreme Court declines more election challenges, Lisa Montgomery gets temporary stay of execution, and more...
"Trump Was Kicked Off Twitter. Who's Next?"
"We should be wary of corporate power over political speech."
Antifa Demands Powell's Stop Selling Andy Ngo's Book, Forces Store To Close Early
"This book will not be on our store shelves, and we will not promote it. That said, it will remain in our online catalogue."
The First Amendment Doesn't Protect Trump Against Impeachment for his Role in Inciting the Assault on the Capitol
High government officials don't have a First Amendment right to be protected from firing based on their political views. That applies to presidents facing impeachment no less than other officials.
Did Trump Commit a Crime When He Riled Up His Supporters Before They Rioted?
Under federal law, incitement to riot does not include "advocacy of ideas" or "expression of belief" unless it endorses violence, which Trump did not do.
FCC Won't Fulfill Trump Order for 'Regulations to Clarify' Section 230
Plus: Trump concedes on reinstated Twitter account, Cabinet resignations keep coming, and more...
Don't Give the Capitol Rioters Power Over Tech and Policing Policy
Plus: National Association of Manufacturers calls on Pence to invoke the 25th Amendment, Trump's response to the riot, and more...
The Fracturing of Communist Cuba's Propaganda Machine
"When I started my blog," says journalist Yoani Sánchez, "it was like an exorcism of something that was inside of me."
Online Criticism of Retirement Community + Picketing Lead to Ohio Criminal "Harassment" Prosecution
We’ve filed an amicus brief supporting a motion to dismiss the charges.
The Case Against Julian Assange Is Also a Case Against a Free Press
Contrary to what the judge who blocked his extradition implied, the Espionage Act does not include an exception for "responsible" journalism.
Can a Fighting Words Charge Lead to a Higher Sentence Because of the Defendant's Racial Motivation?
Yes, the Ohio Court of Appeals held Thursday.
District Court Reverses Own Right-to-Be-Forgotten-Like Decision
The judge had earlier ordered search engines and web sites to remove materials about a employment discrimination lawsuit.
Latest Decision in Sarah Palin v. N.Y. Times: N.Y.'s New Anti-SLAPP Law Is Retroactive
If this decision stands, then the Supreme Court wouldn't have a chance to reconsider the N.Y. Times v. Sullivan "actual malice" requirement in this case (not that it was likely to in any event).
Hunter Biden Laptop Repairman Sues Twitter for Labeling the Documents "Hacked"
Twitter's labeling, John Paul Mac Isaac contends, implicitly accused him of being a hacker, and was therefore libel.
No Injunction Against Using Person's Name/Likeness in Promoting Free Podcasts …
even when the podcast producer tries to make money from them.
Are These Vulgarity-Spouting Birds a Threat to Democracy?
Aaron Reynolds is just trying to make people laugh, but his content may have been flagged on Instagram for interfering with the election.
Suppressing 'Hate Speech' on Social Media Drives Users to New Platforms
The more that big social media companies act like they can control what people say, the more competition they encourage.
Lindsey Graham Says Trump Will Sign Spending Bill if It Takes Aim at Section 230
Plus: One in seven NYC chain stores closed, Columbus officers turned off body cams before fatal shooting, and more....
Therapist Elizabeth Brokamp Fights for the Right To See Patients Virtually
"I hope my case can start removing senseless boundaries to teletherapy," said Brokamp, who is suing in federal court on First Amendment grounds.
Mother Forbidden from Mentioning Her Own Name in Criticizing Custody Decision—and the Penn. S. Ct. Upholds This
The Pennsylvania Supreme Court 5-2 majority concludes that the injunction is "content-neutral," quite erroneously, I think.
Guidance on Filing Sealed Documents
Don't just file the document unsealed, and then ask for sealing
