Free Speech
No Defamation Liability for False Statement That Congressional Witness's Lawyer Was Partly Paid for by Trump PAC
So a federal judge rules in a case brought by Tony Bobulinski, who testified about the Bidens before the House Oversight Committee, against Jessica Tarlov, a Fox News commentator and co-host of The Five.
Why the California Ban on "Disseminat[ing] Information" "Relating to a Sealed Arrest" Violates the First Amendment
The heart of our argument for a preliminary injunction in First Amendment Coalition, LaRoe & Volokh v. Chiu.
Court Decision About Discovery in Libel Lawsuit Against Council on American-Islamic Relations Foundation
CAIR's allegedly libelous press release about a dismissed former high-level employee "opened the door" to discovery about various allegations the employee had made about CAIR.
Backpage Founder Michael Lacey Released on Bail
Lacey can await the resolution of his appeal outside of prison.
First Amendment Coalition, LaRoe & Volokh v. Chiu
We're challenging a California statute that bans publishing "information relating to a sealed arrest."
Deepfake Crackdowns Threaten Free Speech
From criminal penalties to bounty hunters, state laws targeting election-related synthetic media raise serious First Amendment concerns.
Incoming FCC Chairman Brendan Carr's Beef With NewsGuard Is Legally Dubious and Empirically Shaky
The company, which says it takes an "apolitical approach" to rating news outlets, faces regulatory threats and a congressional probe because of its perceived bias against conservatives.
"Far from Representing a Powerful Avant-Garde Leading the Way to Political Change, …
the politicized class of professors is a serious political liability to any party that it supports."
An Alabama D.A. Filed Legally Impossible Charges Against School Board Members Who Crossed Him
A board employee and a local reporter were arrested on the same bogus charge of divulging nonexistent grand jury secrets.
Reference in Sentencing to Defendant's Disliking "Judeo and Christian Values Because They Are Good for Civilization" Didn't Violate the First Amendment
"[The] reference was made in the context of describing Melzer's and the O9A's views of those values to explain why, according to them, those values had to be defeated through violent conduct if their goal of chaos was to be achieved"; "the Order of the Nine Angels ('O9A')" "is a violent, white supremacist, neo-Nazi, Satanist, pro-jihadist group."
The New FCC Chairman's Agenda Contradicts Conservative Principles
Brendan Carr’s plans for "reining in Big Tech" are a threat to limited government, free speech, free markets, and the rule of law.
Trump's Pick To Run the FCC Wants To Restrict the Editorial Discretion of Social Media Platforms
"Reining in Big Tech," Brendan Carr says, requires scrapping liability protections and restricting moderation decisions.
Texas Bill Takes Aim at Online Speech About Abortion Pills
Abortion battles are becoming tech policy battles.
College Baseball Coach's Defamation Case, Alleging School Said He Was Fired Because He Acted in Racist Ways, Allowed to Go Forward
After the federal judge denied the university's motion for summary judgment, the case settled. Among other things, the judge concluded that allegations that a coach acted in a racist way were "defamation per se," so that plaintiff didn't have to show specific damages stemming from the allegations.
Map: Pearl Clutchers in Hot Spring County
A rural Arkansas county files more than twice as many FCC complaints per resident than anywhere else in the United States.
The Israeli-Palestinian Conflict Has Fueled a Surge in Campus Censorship
The portion of college students who say it's OK to shout down campus speakers is rising, according to a new survey.
Oklahoma Opens Office of Religious Liberty and Patriotism
The taxpayer-funded office will investigate cases where religious freedom is trampled on while the state implements biblical study into the curriculum.
Federal Judge Blocks Law Mandating Ten Commandments Displays in Louisiana Classrooms
The law "is not neutral toward religion," wrote Judge John W. deGravelles, who ruled that the law was "facially unconstitutional."
Biden Admin Stops Telling Americans Which Foreigners They Can Debate
The Treasury Department tried to stop an overseas conference that included politicians under sanctions. Now they’re backing down.
Court Rejects Claim That Columbia Improperly Suspended Students for Justice in Palestine Chapter
N.Y. law provides for some judicial review of private universities' actions, when a university fails to "adhere[] to its own published rules," thus rendering its "actions were arbitrary or capricious"; but that standard, the court holds, wasn't met here.
Australian Prime Minister Proposes Total Social Media Ban for Anyone Under 16
Under this restrictive measure, there will be no exceptions, even for parental consent.
Project Veritas' Defamation Lawsuit Against CNN Can Go Forward
Veritas had been suspended from Twitter for including an interview subject's house number; CNN "suggested on-air that Twitter banned Veritas for 'promoting misinformation.'"
During Trump's Second Term, the Supreme Court's Critics Will Be Grateful for Its Restraining Influence
The justices, including Trump's nominees, have shown they are willing to defy his will when they think the law requires it.
Trump Has Many Grudges. Now He Has a Chance To Act on Them.
In his second term, the former and future president will have more freedom to follow his worst instincts.
Abolish the FCC's Equal Time Rule Before the Next Election
The decades-old regulation imposes burdens that no other media outlets are subject to.
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.
