Judge Stops California Law Targeting Election Misinformation
A federal judge ruled that the law was overbroad and violated the First Amendment.
Free Speech
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."
Writers and Academics Applaud Brazil's Censorship in Open Letter
The worldwide erosion of support for free speech continues.
No Pseudonymity for Plaintiff Challenging Suspension Under Title IX
So holds the Eleventh Circuit, upholding the district court's decision—but the court's standard of review suggests that the exact oppose district court decision might have been upheld, too.
Drones Face Supreme Court Showdown Over Free Speech Rights
State boards use outdated laws to target content creators, raising urgent questions about free speech in the digital age.
A Texas Reporter Was Arrested for Asking Questions. The State Says That's No Big Deal.
Opposing Priscilla Villarreal's petition for Supreme Court review, Texas Attorney General Ken Paxton portrays basic journalism as "incitement."
Is Nostr an Antidote to Social Media Censorship?
What if there was a social media platform owned not by Mark Zuckerberg, Elon Musk, or the Chinese Communist Party, but by everybody and nobody all at once?
"Equity Training" Requirement for Public Employees Didn't Violate First Amendment, Even When …
employees were required to "correctly" answer multiple choice questions based on the training content.
Campus Protest Hypocrisy Reveals Need For Student Education on Free Speech
As Israel-Hamas demonstrations continue in the new school year, the misunderstanding of free speech is fueling disruption and hypocrisy on campuses.
On the Missions of Academic Institutions
As long as academic institutions place social justice goals ahead of truth seeking and knowledge creation, they will lose the respect of the public and will not live up to their potential.
