Free Speech
Montana's Anti-Deepfakes Law Just Hit a First Amendment Roadblock
A federal judge found that the state's restrictions on AI-generated political speech likely violate the First Amendment.
UC Ban on "Intentional or Repeated Use of a Name or Pronoun Inconsistent with the Individual's Gender Identity" …
likely violates First Amendment, federal judge holds (and issues a preliminary injunction).
Hate Speech and the Marketplace of Ideas in Postwar America
After the Second World War, the nation grappled with tensions between protecting free speech and eliminating hate speech.
Influencer Haley Kalil's Remarks About Ex-Husband Matt Kalil's Penis Size Were "Newsworthy," and Thus Not Tortious
Because her comments came in describing her marriage and her divorce, she "was discussing her life, not Matt's, and the law generally protects a person's speech about herself, even though such speech inevitably reveals details about others."
Free Speech Unmuted: Spoiler Alert: Can You Get Sued For Revealing A Plot Point?
A deepish dive into how copyright law and the First Amendment interact.
The Justification for New Time Limits on Student Visas 'Borders on the Absurd,' a Federal Judge Says
Although the impact of the DHS rule "is likely to be catastrophic," a George W. Bush appointee writes, the government's rationale is "exceptionally weak."
Defamation via Songs and AI-Generated Video? U Tenn Coach's Claim Can Go Forward
"[D]efendant purportedly posted more than 20 videos ... attacking plaintiff's character with 'blatantly false allegations of wrongdoing' and 'highly offensive and demeaning fake [AI] videos.'"
Firing of Employee for Kirk-Murder-Related Post Wasn't a Clear First Amendment Violation,
so the individual defendants are entitled to qualified immunity, a court rules (citing cases where employees were fired for right-wing speech that many had likewise found offensive).
Doxing Suit over Post Criticizing Government Employee's Kirk-Murder-Related Post …
rejected on First Amendment grounds.
The Anti-Nazi Law
In the 1930s, New Jersey passed the most sweeping hate speech law in American history. [UPDATE: Originally erroneously posted under Eugene Volokh's byline; this post is from guest-blogger Samantha Barbas.]
Journal of Free Speech Law: "Gags and Grievance: The Labor Origins of Whistleblowing," by Sarah Milov
Part of a Knight First Amendment Institute Symposium on Managing Government Employee Speech in a Democracy, which the Journal is publishing.
"Mo Money Mo Problems": No Pseudonymity for Maine Lottery Winner Suing Over Alleged Violation of Non-Disclosure Agreement
"[O]ur precedent makes paramount the principle of transparency as a bulwark of the effectiveness of our judicial system and the public's trust in it."
Journal of Free Speech Law: "Forced Unanimity and the First Amendment," by Frank LoMonte
Part of a Knight First Amendment Institute Symposium on Managing Government Employee Speech in a Democracy, which the Journal is publishing.
The 'Stop Nick Shirley Act': Yet Another Anti-Doxxing Law That Chills Free Speech
A lawsuit argues that a recently passed law to protect immigration service providers in California is "overbroad and vague."
Police Department May Decline to Release Names of Officers Trained by ICE
"[T]he Department submitted credible evidence that threats, doxxing, and other forms of harassment have been directed toward law enforcement charged with enforcing existing federal immigration laws."
Jimmy Kimmel Didn't Air Talarico Interview Over Fear of FCC 'Equal Time' Threats
For the second time this year, Talarico appeared on a late-night show only to be bumped in response to federal threats.
A Judge Ordered ICE Agents To Stop Retaliating Against an Ohio Videographer. ICE Moved the Agents Out of Town.
After an ICE watcher in Springfield won a temporary injunction against ICE in a First Amendment lawsuit, the agency moved the officers accused of harassing him out of town.
Journal of Free Speech Law: "The Government Speech Doctrine Goes to School," by Heidi Kitrosser
Part of a Knight First Amendment Institute Symposium on Managing Government Employee Speech in a Democracy, which the Journal is publishing.
AI Doom Is Misguided, Not a Psyop
The pro-AI side must avoid succumbing to paranoia and bad faith.
"The Why of Public Access to Judicial Records in Civil Cases"
An excellent article by media lawyers Steve Zansberg and Michael Beylkin.
Journal of Free Speech Law: "Regulating LGBTQ Speech in the Classroom," by Caroline Mala Corbin
Part of a Knight First Amendment Institute Symposium on Managing Government Employee Speech in a Democracy, which the Journal is publishing.
Principal's Threatening Critics with Defamation Lawsuit Can Be "Conduct Unbecoming"
Govern yourself accordingly.
How Charlie Kirk's Murder Chilled Speech at Utah Valley University
One year after Kirk was assassinated on campus, Utah Valley students fear expressing themselves.
Journal of Free Speech Law: "Speaking Collectively: The First Amendment, the Public Sector, and the Right to Bargain and Strike," by Kate Andrias
Part of a Knight First Amendment Institute Symposium on Managing Government Employee Speech in a Democracy, which the Journal is publishing.
Sound of da Harassment Prosecution
Defendant's playing "the KRS-One song entitled 'Sound of da Police' at a high and disruptive volume from her vehicle while simultaneously directing offensive, suggestive, and threatening remarks toward the complainant near the complainant's home" "may reasonably be interpreted as intended to alarm, annoy, threaten, or harass."
Journal of Free Speech Law: "Permission to Speak Freely: An Introduction," by Sam Lebovic
Part of a Knight First Amendment Institute Symposium on Managing Government Employee Speech in a Democracy, which the Journal is publishing.
Animal Advocates Say a Florida Sheriff's Office Blocked Them Online. Free Speech Lawyers Are Fighting Back.
The free speech organization, FIRE, says the Polk County Sheriff’s Office’s bans on its social media pages violate the First Amendment.
