How the FCC Became the Speech Police
The constitutionally anomalous status of broadcasting invites government meddling.
Free Speech
Ohio State Student's Posts Urging "Resistance and Escalation" in Response to Israel's Actions in Gaza Protected by First Amendment
So holds a court, reversing student Guy Christensen's "disenrollment." The student also wrote, responding to the murder of two Israeli embassy employees in D.C. outside the Capital Jewish Museum, "I do not condemn the elimination of those two Zionist officials."
Florida Governor Candidate Proposes 50 Percent Tax on OnlyFans Creator Revenue
"I will not allow a generation of smart and capable young women to sell their bodies online," said Republican gubernatorial hopeful James Fishback.
Multi-Billion Dollar Corporation Drops Suit Against Inter-American Development Bank, After Court Holds It Can't Sue as "Doe Corporation"
The case helps illustrate why the legal rules surrounding when parties can litigate under pseudonyms are so important.
Video Shows Border Patrol Threaten Legal Observer in Key Largo for Following Him
Every federal circuit court that has considered the issue, including the one covering Florida, has upheld a First Amendment right to monitor and record the police.
Trump 2.0, Year 1: A Libertarian Nightmare
Trump's second term lurches forward, powered by monarchical authoritarianism
'Pregnant? Don't Want To Be?' Ads at South Dakota Gas Stations Spark First Amendment Battle
Mayday.Health ads that direct people to an informational website about abortion access are deceptive advertising and must be banned, the state argues. That’s unconstitutional, counters Mayday.
Google Missed Key Deadline in Suit Alleging Google's AI Libeled Business, Court Holds
A federal district court rules that the case should go back to Minnesota state court, rather than being in federal court.
Court Refuses to Seal Case Involving Government's Motion to Authorize Disclosure of Tax Returns
"The substantial public interests implicated by questions of the proper scope of Executive power and the statutory limits on access to tax information warrant public disclosure. While this case, and ... this decision, are now unsealed, the underlying Application and its supporting materials will remain under seal, at least while the investigation remains active ...."
First Amendment Protects Islam Expert's Post-Sept. 11 Speech Urging People to Join Taliban
So a Fourth Circuit panel held today, vacating the defendant's convictions from 2005.
Constitutional to Expel Law Student for Writing "[W]hatever Harvard Professor Noel Ignatiev Meant by … '[A]bolish the White Race by Any Means Necessary' … Must Be Done with Jews"
An Eleventh Circuit panel concludes (by a 2-1 vote) that this is likely the right result.
Why Insulting Brigitte Macron Online Can Mean Prison Time in France
Ten Frenchmen were given fines, jail time, and social media bans for accusing their first lady of being a pedophilic gay man.
Elon Musk Said Rand Paul Is the One Person in Washington Who 'Gets It'
In an interview with Reason, CNN's Scott Jennings recounts the conversation he had with the tech entrepreneur about his distaste for exorbitant government spending.
No Need for Expert Evidence as to Media Defendant Negligence in Resisting Anti-SLAPP Motion,
at least when the dispute is over a simple identification error./
Requiring Registered Sex Offenders to Post Signs on Halloween Saying "No Candy or Treats at This Residence"
unconstitutionally compels speech, says the Eighth Circuit federal court of appeals.
Suit Alleging Retaliatory Police Mislabeling as Repeat Violent Offender Can Go Forward
Plaintiff claims his actual offenses were a curfew violation during 2020 protests and spitting on FBI agent.
Presence of Probable Cause Precludes Claim That Immigration Arrest Was Retaliation for First-Amendment-Protected Speech
So concludes a federal district in Louisiana, disagreeing with a Ninth Circuit panel.
Man Who Had Pleaded Guilty to Felony Forgery of Court Orders Sues Over Being Called "Convicted Felon"
From a Justice Department press release as to the original forgery: "Michael Arnstein's blatant criminal scheme to exploit the authority of the federal judiciary for his company's benefit was outrageous. As Arnstein has learned, his attempts to remove negative reviews about his business from Google search results by forging a U.S. District Court judge's signature may have worked in the short term, but it also earned him nine months in a federal prison."
Trump Bars 5 Europeans From the U.S. Over Their Censorship Efforts
Creeping authoritarianism in the European Union gets pushback from an administration that has its own rocky relationship with free speech.
How Politicians and Cops Tried To Dodge Responsibility in 2025
Presidents, legislators, and police officers were desperate to blame anyone but themselves.
School Employees' Lawsuit Claiming "Equity Training" Violated First Amendment Can Go Forward
So holds a majority of the Eighth Circuit federal court of appeals, sitting en banc.
The TRUMP AMERICA AI Act Is Every Bit As Bad As You Would Expect. Maybe Worse.
Sen. Marsha Blackburn’s latest is an anti-tech omnibus, combining years' worth of dangerous policy ideas into one big, bad bill.
"[T]he First and Fifth Amendments Require ICE to Provide Information About the Whereabouts of a Detained Person"
ICE Salt Lake City apparently isn't answering its phone.
Could the Feds Throw You in Jail for Merely Filming ICE Immigration Raids?
Homeland Security Secretary Kristi Noem said "videotaping" agents was violence—but Border Patrol brought a film crew to Chicago-area raids.
Trial Court Had Ordered Mother to Only Call Son by First Name (Javier), not Middle Name (Reece), in Public
But the Colorado Court of Appeals just reversed that, in part on First Amendment grounds.
Evidence of Plaintiff's Suicide Excluded in Lawsuit Alleging Threats of Prosecution Aimed at Censoring His Posts About High School Girls' Bathrooms
"Plaintiff has not alleged that Defendants' conduct caused a mental condition in which Mr. McBreairty could not control his suicidal impulses."
Volokh Conspiracy Commenter ReaderY Makes The Big Time!
Comment on this blog = reaction "from the Stanford Law School" = "negative reaction of the legal community."
Parent's Claim Over School Board Meeting Attendance Ban Can Go Forward
The matter stems from a controversy over books with sexual content in the school library, and the parent's shouting that school board members "should be arrested."
