Free Speech
Is Promotion of Free Services "Commercial Speech" for First Amendment Purposes?
One of several interesting questions that arises in a case involving regulations of pregnancy centers that seek to help pregnant women without offering abortions or abortion counseling.
A Frightening View of Free Speech and Academic Freedom at Harvard
A Harvard Dean suggests universities can and should limit controversial speech.
Justice Department Says Phoenix Police Violated Rights of Children, Minorities, Protesters, Homeless People
Phoenix police are trained that "deescalation" means overwhelming and immediate force, whether or not it's necessary.
Justices Agree on Constitutionality of Trademark Restriction, Disagree on How to Approach Such Questions
The underlying methodological debate might also bear on free speech disputes more broadly.
Plaintiff Sufficiently Alleged Knowing/Reckless Falsehood in CNN Story About Evacuating Afghans During Withdrawal
"Young proffered CNN messages and emails that showed internal concern about the completeness and veracity of the reporting—the story is 'a mess,' 'incomplete,' not 'fleshed out for digital,' 'the story is 80% emotion, 20% obscured fact,' and 'full of holes like Swiss cheese.'"
Florida Court Rejects Pseudonymous Petition to Get Public Records
The case involved a public records request to identify the "six or seven pretty big legal conservative heavyweights" whom Gov. DeSantis labeled as "trusted advisors for his judicial appointments to the Florida Supreme Court."
Oklahoma S. Ct. Vacates Restraining Order Against Self-Described Pastor Who Was Sharply Condemning Pro-Gay-Equality Activists
The court concludes the pastor's posts were about the activists' organization (Oklahomans for Equality) and not about them personally; it thus avoided having to decide whether the First Amendment would have protected the speech if it was indeed about the activists personally.
Texas Public Library Can't Remove Books About 'Butts and Farts,' Federal Judge Says
The court ruled that it is unconstitutional for officials to remove library books with the "intent to deprive patrons of access to ideas with which they disagree."
'If They Can Control the Flow of Information, They Can Control You': BASEDPolitics Sues To Stop TikTok Ban
The plaintiffs hope to "help Republicans and conservatives see why this ban is inconsistent with the free speech values they say they care about."
Journal of Free Speech Law: "Fiction, Defamation, and Freedom of Speech," by Prof. Collin O'Neil
An article from the Defamation: Philosophical and Legal Perspectives symposium, sponsored by the Center for Legal Philosophy at UC Irvine.
Australian Censors Back Down, Highlighting the U.S. as a Free Speech Haven
Officials suspend efforts to force X to suppress the world’s access to video of a crime.
Louisiana's New 25-Foot Legal Forcefield for Police Threatens Accountability and Civil Liberties
A new law will make it much harder to film law enforcement officers in their public duties. Does that violate the First Amendment?
D.C.'s Rules for Subway Ads Are Blocked in Federal Court
The transit authority was sued after rejecting an ad that directed viewers to go to a website "to find out about the faith of our founders."
Journal of Free Speech Law: "True Defamation," by Prof. Jeffrey S. Helmreich
An article from the Defamation: Philosophical and Legal Perspectives symposium, sponsored by the Center for Legal Philosophy at UC Irvine.
Plaintiff's Idaho Murder Libel Claim Beats Defendant's "Tarot Readings" and "Psychic Intuition"
"[T]he only support for Defendant's statements about Plaintiff is that Defendant's 'spiritual investigation' into the murders using 'intuitive tarot readings' led her to Plaintiff."
Does the First Amendment Protect Speech on Private Property?
Yes, when the restriction is being imposed by the government.
Journal of Free Speech Law: "Defamation, Presumed Damages, and Reputational Injury: A Legal and Philosophical Inquiry," by Prof. Benjamin C. Zipursky
An article from the Defamation: Philosophical and Legal Perspectives symposium, sponsored by the Center for Legal Philosophy at UC Irvine.
Journal of Free Speech Law: "Defamatory in Whose Eyes?," by Prof. Kenneth W. Simons
An article from the Defamation: Philosophical and Legal Perspectives symposium, sponsored by the Center for Legal Philosophy at UC Irvine.
Jay Bhattacharya: 'I Sued the Biden Administration for COVID Censorship'
Bhattacharya explains the stakes of Murthy v. Missouri, the politicization of medical research, and his RFK Jr. endorsement.
Report: E.U. Censorship Laws Mostly Suppress Legal Speech
European speech regulations reach way too far to muzzle perfectly acceptable content.
Harvard To Stop Requiring DEI Statements for Many Faculty Positions
Harvard is taking steps away from politicization. Will other schools follow?
Palestinian Students at Columbia Are Still Protesting. Is Anyone Listening?
Protesters came back to Columbia during reunion weekend. Palestinians tried to share their tragedies amidst the carnival-like atmosphere of campus politics.
Maryland Elementary School Tries To Force Students To Say The Pledge
Students have a constitutional right to refuse to say the Pledge of Allegiance, no matter what school officials think.
Photo: Cops Crack Down on Campus Protests
The University of Texas is just one campus that has seen police arrest pro-Palestine demonstrators.
The Supreme Court Was Right to Consider Andrew Cuomo's Unconstitutional Motives in NRA v. Vullo - and the same Principle Applies to Trump and Other Presidents
Chief executives' illicit motives can render their subordinates' actions unconstitutional. There is good reason for courts to enforce that rule.
SWAT Goes to College
Even in an era of police militarization, there’s something shocking about seeing cops in riot gear on college campuses.
The NRA's Unanimous Supreme Court Victory Is Good for Free Speech—No Matter How You Feel About Guns
The ACLU, another polarizing organization, was willing to defend the NRA in court. That should tell you that some things aren't partisan.
These Strange Bedfellows Want SCOTUS To Remind the 5th Circuit That Journalism Is Not a Crime
An ideologically diverse mix of individuals and organizations supports a Texas journalist who was arrested for asking questions.
My Identifying Would-Be Jane Doe Litigant in Law Review Article Wasn't "Harassment,"
notwithstanding the claim that it “invites worldwide haters to threaten, stalk, and commit violence against” her.
Harvard Announces It Will Stop Releasing Political Statements
Following months of campus protests over the war between Israel and Hamas, the university has announced that it will no longer weigh in on current events.
This Journalist Was Arrested, Strip-Searched, and Jailed for Filming Police. Will He Get Justice?
Justin Pulliam's arrest and lawsuit once again demand we ask if "real" journalists are entitled to a different set of rights.
Glenn Greenwald: Defund Israel and Free Assange
The free speech absolutist and co-founder of The Intercept dives deep into Israel, Latin America, and the necessity of decentralized media in the age of U.S. security state overreach.
