Free Speech
Jay Bhattacharya's Confirmation Hearing Proves the Lockdown Skeptics Won
Trump's nominee for NIH director once stirred major controversy for criticizing lockdowns, mask mandates, and school closures. Yesterday, Senate Democrats didn't even raise the issue.
Apple Takes U.K. to Court Over Demand To Weaken Encryption
If enacted, the order would weaken digital security for Apple users throughout the U.K.
74-Year-Old Scottish Woman Arrested for Protesting Near Abortion Provider
Rose Docherty was arrested over her sign, which read: "Coercion is a crime, here to talk, only if you want."
Amy Klobuchar's Health Misinformation Act Has Aged Poorly
A proposed bill in 2021 would have put the HHS secretary in charge of censoring COVID-19 contrarianism on social media.
FIRE Files First Amendment Lawsuit Challenging Texas A&M Drag Show Ban
Texas A&M's Board of Regents voted to ban drag shows on the grounds that they objectify women and violate state and federal policies against promoting "gender ideology."
D.C. U.S. Attorney Drops Probe Over Sen. Schumer's 2020 Statements About Gorsuch and Kavanaugh
That's the correct decision, though I don't think there should even have been a question about it.
Punitive Damages Award in Mann v. Steyn Reduced from $1M to $5K,
largely because the compensatory damages were just $1.
Education Department Clarifies Anti-DEI Guidance
The department insists its directive will not suppress First Amendment rights.
Can Publicizing a Person's "Address and Physical Appearance" in Connection with True Allegations of Misconduct Be Actionable?
A federal magistrate judge flags the issue, though doesn't purport to resolve it.
Supreme Court Refuses to Consider Whether University "Bias-Response Teams" Chill Speech
Justice Thomas dissents from the Court's refusal to resolve a clear circuit split.
How Trump Imperils Free Markets and Personal Liberties
Washington Post columnist Dana Milbank provides a helpful summary, with a little help from me.
FCC Chair Brendan Carr Wants More Control Over Social Media
Carr advocates greater control over social media by federal regulators, despite a reputation for supporting free speech.
More on Free Speech on Campus, Title VI, and Anti-Israel Speech
"[I]n seeking to hold Cooper Union liable for [students'] expression, [plaintiff] cannot help but say the quiet part loud: sweeping otherwise-protected political expression into the hostility analysis will create pressure on institutions 'to suppress speech to ensure compliance with Title VI,' causing 'regulated entities to adopt restrictive policies in an effort to avoid liability' for a hostile environment."
Tennessee Supreme Court Rules State Can Revoke Personalized '69' License Plate Because It's Government Speech
Most courts have ruled that vanity license plates are private speech and protected from viewpoint discrimination under the First Amendment.
Matt Taibbi: The Collapse of the Censorship Regime
The award-winning journalist discusses the collapse of a post–World War II consensus, online speech police, and the legacy media on the latest episode of Just Asking Questions.
Gay Penguins Face Florida's Classroom Speech Regulations
The authors of a picture book about two male penguins raising a chick together argue excluding their book from school libraries violates their free speech rights.
No One Cares When Presidential Advisers Want Bigger Government
Elon Musk's vague White House role is only controversial because he's trying to slash bureaucracy.
Judge Orders Newspaper To Delete Editorial Critical of City Government
After a lawsuit from the Foundation for Individual Rights and Expression, the city backed down. But it's still part of a worrying trend.
The FTC Has No Business Trying To Make Sure Social Media Are 'Fair'
Chairman Andrew Ferguson’s assault on "Big Tech censorship" aims to override editorial decisions protected by the First Amendment.
D.C.'s U.S. Attorney Is a Menace to the First Amendment
Interim U.S. Attorney Ed Martin puts loyalty to Donald Trump ahead of loyalty to the Constitution.
"Grok Briefly Censored Criticism of Musk and Trump"
"It was blamed on a new hire who hadn't 'fully absorbed' the startup's culture."
Why the Internet Celebrated a Killer
Combine moral zealotry with increasingly blurred lines between political speech and violence long enough, and the outcome is predictable.
Trump Tries To Carve Out a First Amendment Exception for 'Fake News'
The president's portrayal of journalism he does not like as consumer fraud is legally frivolous and blatantly unconstitutional.
Justice Thomas Calls Again for Overruling Hill v. Colorado
But though other Justices had expressed doubt about Hill before, only Justices Thomas and Alito noted their willingness to grant review in this case.
Florida Sues Target Over Trans Merchandise
Is Florida forgetting that the First Amendment applies there too?
Texas Cops Seized Photographs From a Museum and Launched Child Pornography Investigation
"It's shameful that government officials would use the criminal legal process to censor art and expression."
FTC Chair Throws Stones in a Glass House
Federal Trade Commission Chair Andrew Ferguson hypocritically engages in the very partisanship for which he faults the American Bar Association.
Mississippi Judge Orders Newspaper To Take Down Editorial Criticizing City Board for Secrecy
Free speech experts say the takedown order is a clear example of unconstitutional prior restraint under the First Amendment.