Writers and Academics Applaud Brazil's Censorship in Open Letter
The worldwide erosion of support for free speech continues.
Free Speech
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State boards use outdated laws to target content creators, raising urgent questions about free speech in the digital age.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.
Sixth Circuit Denies Qualified Immunity for State University Officials Who Allegedly Violated Professor's First Amendment Rights
Officials allegedly retaliated against a professor who expressed politically controversial statements about the best treatments for gender dysphoria among youth.
Glenn Greenwald: Why Did Brazil Ban X?
Glenn Greenwald discusses Brazil's ban of X, the arrest of Telegram founder Pavel Durov, and the global crackdown on speech on Just Asking Questions.
The First Amendment and the Social Media Dilemma
Social media poses problems far more serious than misinformation campaigns, but solutions consistent with the First Amendment are not clear.
Psych Professor's Lawsuit Over Alleged Contract Nonrenewal Based on Speech About Gender Dysphoria Can Go Forward
Prof. Allan Josephson (formerly of the University of Louisville medical school) claims his contract wasn't renewed because "he expressed his thoughts on treating childhood gender dysphoria during a panel discussion sponsored by a conservative think tank [the Heritage Foundation]."
On the Responsibilities That Come with the Freedom to Speak Freely
The best practitioners of the freedom of speech are those who do not assume that everyone who disagrees with them operates from bad motives.
Court Lets Plaintiff Suing Over "Pro-Hamas Demonstrations at Northwestern" Proceed Pseudonymously
Plaintiff had alleged that being publicly identified would put him at risk of physical harm.
Ruth Shalit Barrett's Defamation Lawsuit Against The Atlantic Survives in Part
The opinion includes some interesting discussion of defamation by implication.
Journal of Free Speech Law: "Speech Regulation and Tobacco Harm Reduction," by Jonathan H. Adler & Jacob James Rich
The final article from the Information as Medicine symposium.
The War on 'Foreign Influence' Has Become a War on the First Amendment
Go after bribes and espionage, but leave mere speech alone.
Journal of Free Speech Law: "Freedom of the Test," by Prof. Alex Tabarrok
An article from the Information as Medicine symposium.
Free Speech and the Educational Mission
Some of the hardest free speech issues arise when a university argues that restrictions are justified by its "educational mission."
QAnon "Patriot Reporter" Claims Newspaper Libeled Him by Saying He Had Admitted to "Sexual Relationship" with 15-Year-Old
But he loses: "As a result of Godlewski's guilty plea to 'inappropriate text [m]essages' and 'contact' ..., as set forth in the Affidavit of Probable Cause quoting the offending text messages admitting and memorializing a sexual relationship with a 15-year-old minor, Godlewski is collaterally estopped from denying his participation in [the] sexual relationship ...."
1 in 3 College Students Say Violence in a Campus Protest Can Be Acceptable, Survey Finds
The survey of over 50,000 students also found that 37 percent of students said it was "sometimes" or "always" acceptable to shout down a speaker, up from 31 percent last year.
Journal of Free Speech Law: "The NIH's Genomic Data Sharing Policy and the First Amendment," by Prof. Adam Candeub
An article from the Information as Medicine symposium.
Claim That Someone Is "Racist" or "White Supremacist" Is Opinion and Thus Not Libel, Though …
claims that someone has engaged in specific conduct may be factual assertions and therefore potentially libelous.
No, Not That David Sackler; No, Not That State Law
Law students: Take that Choice of Law (often called Conflicts of Laws) course your law school offers; it can be tremendously important.
Kamala Harris vs. Elon Musk
The Democratic nominee has favored policing online speech. Would a future Harris administration defend free expression?
Fire Department Chaplain Fired for Blog Post About Transgender Controversies Can Go Forward With Lawsuit
The chaplain's post "discuss[ed] 'how God designed each person as male or female, and that sex is immutable'" and "stated it is unfair to allow males to compete in women's sports."
California Social Media Platform Reporting Mandate Likely Violates the First Amendment
The mandate required platforms to, among other things, report to the state "how the terms of service define and address (a) hate speech or racism; (b) extremism or radicalization; (c) disinformation or misinformation; (d) harassment; and (e) foreign political interference, as well as statistics on content that was flagged by the social media company as belonging to any of the categories."
N.Y. Community Education Council Speech Restrictions Likely Violate First Amendment
"The Community Guidelines' prohibitions of, inter alia, 'homophobia, transphobia, misogyny, ableism, racism, or any other forms of oppressive beliefs or behaviors,' 'name-calling,' and 'disrespect' are prohibitions against ideas that offend, and therefore discriminate on the basis of viewpoint in violation of the First Amendment."
An Arizona Mom Was Arrested for Criticizing Public Officials at a City Council Meeting. Now She's Suing.
Rebekah Massie criticized a proposed pay raise for a city attorney. When she refused to stop, citing her First Amendment rights, the mayor had her arrested.
The First Amendment Is an Arms Control Agreement
One of the functions of the First Amendment is to create a kind of arms control agreement: With respect to censorship, all sides agree to lay down their arms.
