Free Speech
Journal of Free Speech Law: "Is John Stuart Mill's On Liberty Obsolete?," by Vince Blasi
A new article from the Daedalus (Journal of the American Academy of Arts and Sciences) Future of Free Speech Symposium.
If You See the Trump Biopic Before Election Day, Thank Citizens United
At its core, the oft-denigrated decision revolved around whether the government can censor information leading up to an election.
The ACLU of South Carolina is Suing To Publish Interviews With a Death Row Inmate
South Carolina bans all media interviews with incarcerated people, a policy the state's ACLU chapter says is the most restrictive in the country and infringes on its First Amendment rights.
School Board Restrictions on "Abusive," "Personally Directed," and "Obscene" Public Comments Violated the First Amendment …
at least as those terms had been interpreted by the school board, holds the Eleventh Circuit.
Florida Threatens Local TV Station With Prosecution Over 'Dangerous' Pro-Choice Ad
The Florida Department of Health sent a cease and desist order to a Florida news station after it aired an ad claiming that women with cancer would be unable to obtain abortions in the state.
Watch Now: Classified: The War on Backpage.com
Reason's new documentary is now streaming on the video platform CiVL. I hope you'll watch.
Journal of Free Speech Law: "Opening Dialogue" (The Future of Free Speech Symposium) by Lee C. Bollinger & Geoffrey R. Stone
The introduction to a symposium reprinted from Daedalus, the Journal of the American Academy of Arts and Sciences.
Neither Harris Nor Trump Is a Friend of Free Speech
Both presidential candidates (and their running mates) seem confused about the constraints imposed by the First Amendment.
Young Kansas City Chiefs Fan's (and Family's) Defamation Lawsuit Against Deadspin Based on Blackface Allegations Can Go Forward
To support the Chiefs, the young fan "wore Native American headdress, painted his face black and red, and donned a Chiefs jersey"; Deadspin said this was "black face" and showed "hate" towards "Black people and the Native Americans."
Sixth Circuit Allows Enforcement of Ohio Law Barring Foreign Expenditures on Ballot Initiatives
A divided circuit panel stays the district court's injunction against enforcing Ohio's law.
Reason's New Documentary on Backpage.com Is Streaming Exclusively on CiVL
The film ties together years of reporting on a legal saga with broad implications for both free speech and sex work.
Hillary Clinton Wants To Repeal Section 230
Her comments are a reminder that this free-speech protection is far from safe.
October 7 Offered a Stark Choice Between Good and Evil
When civilians are the targets, terrorists’ grievances don’t matter; it’s time to hunt the perpetrators.
Nashville Attorney Sues Federal Judges Over Gag Order Barring Him From Talking About a Notorious Prison
Daniel Horwitz often represents people illegally silenced by the government. This time he says a court violated his First Amendment rights when it gagged him from publicly speaking about a troubled state prison.
Unethical for Lawyers to Tell Clients Their Judges May Be Biased Based on Race, Sex, Etc.?
"The judge soon learned that, in a recorded conversation between defense counsel and the defendant, the attorney had referred to the age, race, political affiliation, and gender of the court's judges, and suggested that the court 'should look a little bit more like the people that are in front of them.' The attorney also suggested that the defendant would not receive a fair trial from the court's judges, who are a different race and gender from the defendant. Finally, the attorney used a pejorative term, drawing on racial and gender stereotypes, to refer to the complainant."
Judge Stops California Law Targeting Election Misinformation
A federal judge ruled that the law was overbroad and violated the First Amendment.
Insulting Anti-Gay Preaching at PrideFest Event May Have Been Protected by the First Amendment
(depending on whether the preacher also violated content-neutral conduct restrictions).
Judge Blocks California Law Restricting "Materially Deceptive" Election-Related Deepfakes
The judge concluded that the law, AB 2839, likely violates the First Amendment, and therefore issued a preliminary injunction blocking it from going into effect.
Yes, Tim Walz, You Can Shout 'Fire' In A Crowded Theatre
During Tuesday's debate, Tim Walz fumbled a key moment by misunderstanding the First Amendment
Minnesota 'Acting as a Ministry of Truth' With Anti-Deep Fake Law, Says Lawsuit
The broad ban on AI-generated political content is clearly an affront to the First Amendment.
"[T]his Is a Matter of Law, Not of Wounded Feelings": Univ. of Maryland May Not Ban All Oct. 7 Demonstrations …
as a means of stopping an anti-Israel "vigil" organized by the UMD chapter of Students for Justice in Palestine.
5 Years in Prison for "Concealing Material Support to Hamas"
The defendant had also posted (in 2019), "I'm gonna go to the [expletive] pro-Israel march and I'm going to shoot everybody" and other such statements.
MSNBC Pundit's Tweet Accusing Lawyer of "Coach[ing a Witness] to Lie" Is a Potentially Defamatory Factual Assertion, Not an Opinion
Plaintiff (Stefan Passantino, Cassidy Hutchinson's former lawyer) may thus eventually prevail, if the claim is shown to be false, and if the defendant is shown to have spoken with "actual malice" (if plaintiff is a public figure) or negligently (if plaintiff is a private figure).
Criminal Conviction Based on "Only Women Can Be Mothers" and "'Transing' Kids Is Abuse and Homophobia" Signs, …
displayed on defendant's car and on her fence facing neighbors who have a transgender child; an appellate court reverses the conviction on procedural grounds, without resolving the First Amendment issue.
UNM Policy Used to Charge High Security Fees for Riley Gaines Talk Struck Down
The case was brought by Turning Point USA over the University of New Mexico's decision to charge over $5K (originally planned to be over $10K).
Citizen Journalist Barred From Press Conference Can Sue Texas Sheriff for Violating His Rights, Judge Rules
The decision is a reminder that independent reporters are still protected by the same First Amendment as journalists in legacy media.
University of Maryland Sued for Canceling Student 'Expressive Activity' on October 7
The university caved to pressure to target pro-Palestine events.
Challenge to Nassau County Anti-Mask Ordinance Fizzles, Because …
(1) the particular plaintiffs, who wore masks for health reasons, were excluded from the ordinance's operation, and (2) the risk that officials would misapply the ordinance to them wasn't sufficient to give them preenforcement standing.
ABA Standard 208, Law Schools, and the First Amendment
New guidance makes explicit what should have been clear already: Standard 208 obligates law schools to embrace First Amendment principles.
State Constitution Tool
A great free resource for lawyers, judges, academics, and students doing cross-state constitutional law research.
Mother's Derogating Father to Children Leads Appeals Court to Order That Father Get Custody,
Reversing a trial court decision that awarded custody to mother.
Fired College Security Chief's Libel Claim (Over Allegations That He Mistreated Black Alumnus) Can Go Forward
The court concluded that the Director of Safety and Security at a small private college didn't qualify as a "public official or public figure" for purposes of the state's anti-SLAPP statute.
Court Allows Plaintiff to Proceed Pseudonymously, Without Disclosing Name to Defendant
The court stresses, though, that "The complaint includes no claims brought solely on behalf of Plaintiff Doe," and "Based on the description of the claims, including when and where the alleged vandalism took place and photographs of the vandalism, it appears defendants could adequately defend themselves against the claims without knowing Plaintiff Doe's identity."
