Free Speech
A Bad Election for Sex and for Tech
No matter who wins, we can expect bad policies surrounding sex and especially surrounding technology.
Trump's Legal Complaints Against 2 News Outlets Reflect His Disregard for Freedom of the Press
The Republican presidential candidate argues that CBS and The Washington Post broke the law by covering the election in ways he did not like.
Citizen Journalism Is Under Attack. This Texas Woman Is Fighting to Save It.
After being arrested for doing journalism, Priscilla Villarreal has taken her fight to the courts.
Free Speech Unmuted: Protests, Public Pressure Campaigns, Tort Law, and the First Amendment
The latest podcast episode from Prof. Jane Bambauer (Florida) and me.
Are Punitive Damages Available in Publishers' Lawsuit Over Harassment Campaign by eBay Employees?
Fort the answer—or rather, answers—a court has to resolve a choice of law question.
Journal of Free Speech Law: "Should We Trust the Censor?," by Keith E. Whittington
A new article from the Daedalus (Journal of the American Academy of Arts and Sciences) Future of Free Speech Symposium.
Journal of Free Speech Law: My "The Future of Government Pressure on Social Media Platforms"
A new article from the Daedalus (Journal of the American Academy of Arts and Sciences) Future of Free Speech Symposium.
On Punishing Speech vs. Punishing Conduct
A university president provides a helpful explanation of the difference.
Musa al-Gharbi: How Woke Elites Became Out of Touch
The Stony Brook sociologist discusses how progressives are having a hard time processing why more and more black and Latino voters are supporting Donald Trump.
'Let Parents Decide' What Kids Can Do Online, Argue Tech Groups in New Lawsuit
The groups are challenging a Florida law that bans some teens from social media.
How the Feds Destroyed Backpage.com and Its Founders
By prosecuting the website's founders, the government chilled free speech online and ruined lives.
Book Review (by Prof. Jacob Mchangama): "Fearless Speech" Doesn't Take First Amendment History Seriously
A review of Prof. Mary Anne Franks' new book, Fearless Speech: Breaking Free from the First Amendment (plus a response by Prof. Franks to Prof. Mchangama's Tweeted criticisms, and a reply by Prof. Mchangama).
Journal of Free Speech Law: "The Free Speech Clause as a Deregulatory Tool," by Alexander Tsesis
A new article from the Daedalus (Journal of the American Academy of Arts and Sciences) Future of Free Speech Symposium.
Texas Public University Restrictions on Anti-Israel Speech Likely Violate First Amendment
So holds a federal court (correctly, I think), considering restrictions that were prompted by Texas Governor Abbott's General Order GA-44.
What the Past Can Teach Us About Our AI Fears
Regulating AI could threaten free speech, just as earlier proposed regulations of other media once did.
Journal of Free Speech Law: "The First Amendment Meets the Virtual Public Square," by Allison Stanger
A new article from the Daedalus (Journal of the American Academy of Arts and Sciences) Future of Free Speech Symposium.
Trump Thinks News Outlets Should Lose Their Broadcast Licenses, Even When They Have None
Despite his cluelessness, the former president's inclination to punish constitutionally protected speech reflects his authoritarian disregard for civil liberties.
Recent Political Candidate Is Public Figure for Libel Law Purposes
The allegedly libelous claims about the candidate were made three months after he lost the election; a Magistrate Judge had held the candidate was no longer a public figure, but the District Court disagreed.
Judge Throws Out Charges Against Arizona Mom Arrested for Criticizing Officials at a City Council Meeting
Rebekah Massie's removal and arrest from a city council meeting was "objectively outrageous," the judge ruled.
Massive Campaign of Online Insults Can Lead to Intentional Infliction of Emotional Distress Liability
The court also concluded defendant had libeled plaintiff, but the court held that even the nonlibelous expressions of opinion could lead to emotional distress liability. The total verdict of $6.8M.
"We Have the Zyklon B. Use Code 'GASTHEJEWS' for 10% Off!" Postcard Sent to Rabbi …
may be constitutionally unprotected threat.
Montana's Porn Age Verification Law Is Headed to Court
"Invoking the innocence of children is not...a magic incantation sufficient for legislatures to run roughshod over the First Amendment rights of adults."
Faisal Saeed Al Mutar: Peace In The Middle East Through Capitalism
The co-founder of Ideas Beyond Borders argues that there is "no better independence than economic independence."
No Pseudonymity for Israeli Suing Intel Over Layoff Allegedly Prompted by Complaints Over Boss's Allegedly Pro-Hamas Statements
"Plaintiff's allegations are emotionally and politically charged, and ... Plaintiff is a member of certain groups subject to discrimination. That, however, is true of a plethora of cases in the federal courts and has generally not been understood to authorize anonymous pleading."
Fifth Circuit Stays Broad Discovery Regarding Media Matters Donors in X v. Media Matters
The court concludes that X's requested discovery is broader than necessary, though it leaves open the door to some considerably narrower discovery.
This Activist Uses the FCC To Shoehorn Gruesome Anti-Abortion Ads Onto the Air
How the equal time rule is helping him hijack the airwaves.
Journal of Free Speech Law: "The Connected City of Ideas," by Robert Mark Simpson
A new article from the Daedalus (Journal of the American Academy of Arts and Sciences) Future of Free Speech Symposium.
Journal of Free Speech Law: "Academic Freedom & the Politics of the University," by Joan Wallach Scott
A new article from the Daedalus (Journal of the American Academy of Arts and Sciences) Future of Free Speech Symposium.
Journal of Free Speech Law: "The Unfortunate Consequences of a Misguided Free Speech Principle," by Robert Post
A new article from the Daedalus (Journal of the American Academy of Arts and Sciences) Future of Free Speech Symposium.
'It's the First Amendment, Stupid': Federal Judge Slams Florida for Threatening TV Stations
The state has been demanding that TV stations remove political ads in support of a reproductive freedom amendment on the ballot this year.
Court Order Requiring Removal of Reddit Criticism of Scientist/Consultant Vacated
Sarrita Adams, who was a prominent public critic of the English Lucy Letby murder trial, got that order almost four months ago.
Court Ordered Ex-Wife to Stop Publicly Disclosing Her Ex-Husband's Alleged Past Misdeed
But the Arizona Court of Appeals just reversed, concluding that speech about a person generally isn't "harassment," even if unwanted speech directed to the person may be.
Court Holds the First Amendment Bars Florida from Threatening Media with Criminal Punishment for Spreading Supposed Health-Related Disinformation
The ACLU’s wise decision to defend the NRA in NRA v. Vullo bears fruit.
British Man Convicted of Criminal Charges for Praying Silently Near Abortion Clinic
British law allows local governments to enact absurdly censorious orders limiting "anti-social" behavior.
Journal of Free Speech Law: "Thinking the Unthinkable about the First Amendment," by Nicholas Lemann
A new article from the Daedalus (Journal of the American Academy of Arts and Sciences) Future of Free Speech Symposium.
