Free Speech
State Employer's Requiring Employees to Watch "Antiracist"/"Gender Identity" Videos Isn't Unconstitutional Speech Compulsion
But plaintiff's claim that he was retaliated against for raising religious objections to the training, and discriminated against based on religion as to promotion, can go forward.
Steven Pinker: What Went Wrong at Harvard
The psychologist and bestselling author argues that Harvard's free speech policy was so "selectively prosecuted that it became a national joke."
Free Speech Is Under Attack in the U.S., but It's on the Ropes Elsewhere
“Even open democracies have implemented restrictive measures,” finds a global report.
Private Employee's Claim That She Was Fired for Peacefully Attending Jan. 6 Events Can Go Forward,
under California statutes that protect private employees' political activity; the plaintiff claimed that "[s]he listened to speeches being made and walked to the Capitol, and then she left," and "did not participate in any rioting."
More on Coercion, Social Media, and Freedom of Speech: Rejoinder to Philip Hamburger
Prof. Hamburger continues to conflate coercion and voluntary choice.
Hamburger Responds: Prof. Somin Repeats His Errors
Round 3 in the debate between Hamburger and Somin over the First Amendment and Murthy
Can't Sue In-Laws for "Undermining" Marriage and Thus Tortiously Inducing Breach of Marriage Contract
This used to be possible under the old "alienation of affections" tort, but all but a handful of states have abolished it, and the tortious inducement of breach of contract tort can't fill that gap.
Abridgement, Coercion, and Freedom of Speech: Reply to Philip Hamburger
Prof. Hamburger is wrong to argue that the use of the word "abridgment" implies that noncoercive government persuasion directed at social media firms violates the First Amendment.
Florida Court Reverses Anti-Libel Injunction Entered During Discovery Dispute
Florida appellate courts are pretty good about reversing unconstitutional injunctions against speech (though Florida trial courts seem to be pretty willing to enter such injunctions).
Court Allows Media to Intervene to Unseal Documents in Lottery Winner's Lawsuit
The lottery winner is suing an ex-girlfriend based on a non-disclosure agreement aimed at concealing his identity. (The intervention, at this point, is aimed at just unsealing various sealed documents in the case, not at disclosing the parties' names.)
Biden Wants To Avoid a First Amendment Showdown Over WikiLeaks
U.S. prosecutors are looking to wriggle out of an espionage trial for WikiLeaks founder Julian Assange.
Will the Supreme Court Let Sylvia Gonzalez Sue the Political Enemies Who Engineered Her Arrest?
"Mayors should not be allowed to launder animus through warrants," the former city council member's lawyer told the justices.
"Spam Private Eye" Can't Constitutionally Be Required to Get Real Private Eye License,
at least when the license requires 6000 hours of training on matters far removed from his expertise.
#TheyLied Libel Lawsuit Over Ex-Student's Allegations of Rape Can Go Forward,
and so can the professor's Title VII and Title IX discrimination claims against the university.
Supreme Court Considers Claim That New York Regulators Violated NRA's First Amendment Rights
State officials “jawboned” financial firms into cutting ties with the gun-rights group.
The Supreme Court Should Reject Clandestine Government Censorship of Online Speech
The Biden administration’s social media meddling went far beyond "information" and "advice."
'Hamstringing the Government': A Viral Narrative Distorts Ketanji Brown Jackson's Understanding of Free Speech
If partisans have one thing in common, it's confirmation bias.
Supreme Court Says Officials Who Block Critics on Social Media Might Be Violating the First Amendment
The justices established guidelines for determining whether that is true in any particular case.
Who Best Chronicles the Absurd Reality of Venezuelan Politics? A Giant Manic-Depressive Rodent
Diosdado Cabello, Nicolás Maduro's right-hand man, is threatening retribution against the satirical website.
Justice Jackson Seems to Be Charting a More Speech-Restriction-Tolerant Approach
Justice Jackson, like Justice Breyer (whom she replaced and for whom she clerked), seems to be considering an approach that is more embracing of speech restrictions that she views as especially urgent—including perhaps ones that departs from precedents such as the Pentagon Papers case.
Murthy v. Missouri and Government Urging Platforms to Restrict Speech
The government can't block viewpoints it condemns from its own property that has been opened to publicspeech. Should there be limits on government systematically and substantially encouraging private entities to block the same viewpoints from their property—which may be much more important to public debate than the government property where speech remains free?
"Black Lives Mat[t]er" + "Any Life" Drawing "Not Protected by the First Amendment" in First Grade
Such speech can be found to be "impermissible harassment," the court says, partly because "deference to schoolteachers is especially appropriate today, where, increasingly, what is harmful or innocent speech is in the eye of the beholder."
Court Should Focus on Coercion in Murthy v. Missouri
The government is entitled to try to persuade social media to take down posts, but not to coerce them to do so.
SCOTUS Ponders Whether the Biden Administration Coerced Social Media Platforms To Censor Speech
Several justices seemed concerned that an injunction would interfere with constitutionally permissible contacts.
The CCP Sucks. So Does Banning TikTok.
Plus: A listener asks about Republicans and Democrats monopolizing political power in the United States.
Pornhub Pulls Out of Seventh State
The company leaves Texas over an “ineffective, haphazard, and dangerous” age-verification law.
ACLU, Once a Defender of Free Speech, Goes After a Whistleblower
The former civil liberties group continues morphing into a progressive organization.
The New York Times Again Worries That Free Speech Endangers Democracy
The newspaper portrays the constitutional challenge to the government's social media meddling as a conspiracy by Donald Trump's supporters.
Pano Kanelos: 'Ideology Is the Death of Ideas'
The president of the new University of Austin wants to reverse the decline of higher education in America.
Judge Orders Person to Stop Campaign of Criticizing Teenager Who Had Posted a Racial Slur When a Sophomore
The Indiana Court of Appeals, though, reverses the order, concluding the judge wasn't allowed to issue such an order on his own initiative; it doesn't decide whether such an order would violate the First Amendment.
S. Ct. Announces Test for When a Government Official's Social Media Posts Are "State Action"
This bears on when the official's comment deletion or blocking decisions may violate the First Amendment.
Banning TikTok Would Give the Feds Way Too Much Power
"It's a disturbing gift of unprecedented authority to President Biden and the Surveillance State," said Sen. Rand Paul (R–Ky.).
TikTok's Opponents Want Chinese-style Censorship in America
Instead of freeing Americans from censorship, the TikTok bill would tighten the U.S. government's control over social media.
Lawsuit Against Society for Creative Anachronism Thrown Out Because It's Untimely
and also because private clubs generally have broad discretion in interpreting their internal rules.
FIRE Highlights the Blatant Hypocrisy of State Officials Who Decry Government Meddling With Social Media
Even as they attack the Biden administration's crusade against "misinformation," Missouri and Louisiana defend legal restrictions on content moderation.
Lawsuit Hobbles Utah's Plan To Mandate Age Verification Online
"Laws like this don't solve the problems they try to address but only make them worse," says a Foundation for Individual Rights and Expression attorney.
