Setting the Wayback Machine to 1995: "Cheap Speech and What It Will Do"
What did that 1995 article trying to predict the Internet future get right? More amusingly, what did it get wrong?
Free Speech
Fifth Circuit: Public Libraries May Select or Remove Books Based on Viewpoint
Such removal doesn't violate the First Amendment, the Court holds by a 10-7 vote, because a public library is engaged in "government speech" by choosing which books to endorse
"Harvard University Loses Student and Exchange Visitor Program Certification for Pro-Terrorist Conduct"
"This means Harvard can no longer enroll foreign students and existing foreign students must transfer or lose their legal status."
Supreme Court Orders Maine Legislator Censured for Social Media Post Must Get Voting Rights Back
On Monday, the court granted an emergency injunction allowing Rep. Laurel Libby to resume voting and speaking after she was censured for a post criticizing trans women in women's sports.
The FTC's Probe Into 'Potentially Illegal' Content Moderation Is a Blatant Assault on the First Amendment
In the name of "restoring freedom of speech," FTC Chairman Andrew Ferguson wants to override the editorial judgments of social media platforms.
Court Allows Lawsuit Over Character.AI Conversations That Allegedly Caused 14-Year-Old's Suicide
In this post, I'll talk about the court's analysis tentatively rejecting the First Amendment defense, an analysis that I think is mistaken (whether or not some tort claims such as these should be allowed despite the First Amendment).
New Article on Eugene Volokh's Amicus Briefs Regarding Compelled Speech and Antidiscrimination Law
Volokh's view gave breathing room for individuals' speech interests while leaving plenty of space for government to protect people from discrimination
Brian Brushwood: Why We Fall for Scams
Magician and podcaster Brian Brushwood talks about deception and skepticism while exploring historical hoaxes, the psychology of magic, the libertarian dystopia of Epcot, and the story behind World’s Greatest Con.
Judge Rules in Favor of New Hampshire Bakery in Fight Over Donut Mural
Conway, New Hampshire's attempt to force a local bakery to take down the mural "does not withstand any level of constitutional scrutiny," a judge ruled this week.
Defamation Suit Over Businessman's Wife Calling Prominent Businesswoman "Prostitute" Dismissed
"No one likes being called names. But not every alleged insult gives rise to a lawsuit in federal court. Especially where Ms. Mai has alleged that she is so important as to be a public figure, yet failed to allege Ms. Elsaden made her allegedly defamatory statement with actual malice."
Federal Court Scraps Rule That Gagged Tennessee Civil Rights Attorney From Criticizing a Private Prison
For nearly three years, Daniel Horwitz faced contempt of court for talking about a private prison that was one of his most frequent courtroom opponents.
James Comey's Deleted '86 47' Instagram Post Is Obviously Protected by the First Amendment
A lot of conservatives are falling prey to the same snowflakery they criticize.
Opinion Granting Bail to Rumeysa Ozturk (Lead Author of Op-Ed Urging Boycott of Israel)
Ozturk is here on a student visa, and she has been detained while the Trump Administration is trying to deport her.
Will AI Kill Our Freedom To Think?
Algorithmic systems increasingly shape what we know, see, and question. To preserve free inquiry, we need transparency, competition, and a commitment to timeless principles of open debate.
Hasan Piker's CBP Detention Marks Another Trump-Era Attack on Free Speech
"The reason they're doing this is to try to create an environment of fear, to try to get people like myself...to shut the fuck up," said Hasan Piker.
Court Dismisses Palestinian Muslim Student Activist's Harassment Complaint Against Northwestern Law School, But Discrimination Claim Can Go Forward
The claims stemmed from the student's claim that classmates had harassed her, "doxed" her, and falsely accused her of assault in connection with the protests, and that as an indirect result she lost a job with a major law firm.
Trump Administration Likely Violated American Bar Association's First Amendment Rights
A federal court holds that "a series of grants with the ABA that funded services to victims of domestic and sexual violence" were terminated because the ABA had joined a lawsuit against the Administration.
At 'Orgasmic Meditation' Trial, Feds Can't Find a Clitoris—or Evidence of Forced Labor
The government has been putting sexuality, sexual labor, and unorthodox ideas about sex on trial.
Reason Nominated for 17 Southern California Journalism Awards
Nominees include stories on inflation breaking brains, America's first drug war, Afghans the U.S. left behind, Javier Milei, and much more.
Defamation Lawsuit Against Def Con Cybersecurity Conference Dismissed
"[I]t is irrelevant that Defendant Def Con did not know at the time the Transparency Reports were published whether Hadnagy had or had not engaged in sexual misconduct. Rather, if the sexual misconduct implications were in fact true at the time the Transparency Reports were published, Def Con is shielded by the truth defense."
Republicans Want To Redefine Obscenity
A new bill would ban sharing visual content that might "arouse" or "titillate."
Iowa S. Ct. Adopts Federal Courts' Presumption Against Pseudonymity
Specifically, the court holds that parents can't sue under a pseudonym together with their minor child, even though state rules provides that minors' names are pseudonymized.
German Censorship Highlights Europe's Eroding Free Speech Protections
America stands alone in valuing and protecting free speech.
Court Orders Release of Tufts Foreign Student Detained For Her Speech
The ruling is a victory for the proposition that the First Amendment applies to immigration and visa restrictions.
Judge Orders Tufts Grad Student Rumeysa Ozturk Be Released on Bail From Immigration Detention
Ozturk's continued detention "potentially chills the speech of the millions and millions of people in this country who are not citizens," said U.S. District Judge William K. Sessions III.
Reasonable to Deny Pseudonymity to Plaintiff Who Seeks to Conceal That She Has Epilepsy
So holds the Eleventh Circuit.
