Free Speech
6th Circuit Backs Ban on Ohio Minors Using Social Media Without Parental Permission
The court said the law—which would require age verification for everyone—constitutes only a “marginal burden” and "does not raise meaningful concerns about muting valuable protected discourse."
Independent Journalist's Lawsuit Against West Texas County Can Go Forward, Recommends Magistrate Judge
The case is mostly about photography restrictions and false arrest, but the defendants also allegedly "discussed playing Disney music during public meetings to prevent Flash—through copyright restrictions—from monetizing his recordings."
Major League Baseball Teams Have the Right To Offer Pride Uniforms. Should They?
The league’s conduct is indisputably protected by the First Amendment. But that doesn't make it wise.
Man Denied N.J. Gun Permit, Largely Based on Mental Health Records + Social Media Posts
"Petitioner's testimony confirmed his 2017 confrontation with his parents, he had authored the Reddit posts, and he had publicly uttered racial slurs and had made statements about raping women."
England Fans Warned Not To Chant 'Keir Starmer's a Wanker' at World Cup
FIFA can restrict political messaging inside its stadiums, but there is no stopping English football fans from mocking their prime minister elsewhere.
Shrexting: Free Speech or Criminal Harassment?, on Free Speech Unmuted
Jane and I discuss whether sending a sexually explicit image of Shrek to a politician can constitute criminal harassment.
Bipartisan JAWBONE Act Targets Government Censorship Threats
Government agencies would have to report communications and could be sued for bullying.
Court Rejects Sealing of Summary-Judgment-Related Filings in Trump Media Libel Suit Against Washington Post
"Highlighting the absurdity of the sealing requests, one of the exhibits TMTG seeks to seal is the Post’s 2023 article, which was widely disseminated to the public when it was published and has been on file in the public docket in this case since July 2023."
'Unmasking, Naming, and Shaming': This Academic Freedom Group Is Pushing for Campus Censorship
Public records obtained by City Journal show the Center for the Defense of Academic Freedom has taken a bizarrely censorial approach to its mission.
Two New Large Libel Models Lawsuits, Though Alleging Mischaracterization Rather Than Outright Hallucination
They are, by my count, the 8th and 9th such claims filed in U.S. courts.
No Heckler's Veto Allowed at School Board Meetings
The case arose when a public commenter "attempted to express her views regarding the school district's alleged teaching of critical race theory."
Magistrate Judge Declines to Recuse Herself in Trump v. BBC Libel Lawsuit
The judge had, before she was appointed a judge in 2024, represented an adverse party in a different lawsuit brought by Trump in 2022.
Scott Pelley Goes Off on Bari Weiss: 'CBS News Is on Fire'
Robby Soave and Amber Duke discuss the recent drama between Scott Pelley and Bari Weiss at CBS.
Nude Shrek Text to Ohio State Senator Reportedly Lands Blogger in Jail
Free speech experts say the “Shrext” is protected by the First Amendment.
"Plaintiff Also Alleges That the Grammy Awards 'Have Become a Public Nuisance' and Are 'Committing Industrial Espionage'"
Plus, the Alien and Sedition Acts.
Court Dismisses Fraud Claim Against N.Y. Times Over "Young, Old, and Sick Starve to Death in Gaza" Photo
Among other things, plaintiff failed to allege "that the alleged fraudulent conduct induced ... the plaintiff into purchasing merchandise."
Plaintiffs Lack Standing to Sue over Notre Dame Law Clinic's Filing Amicus Brief Condemning China's Actions Towards Uyghurs
The plaintiffs had asked for (among other things) "$1.00 as an apology to every Chinese people live in mainland China, total $1.41 billion."
Lawsuit Says a Memphis Police Task Force Waged a Harassment Campaign Against People Who Filmed Them
The American Civil Liberties Union is asking a judge to block the Memphis Safe Task Force from retaliating against anyone who exercises their First Amendment right to record the police.
More on the Southern Poverty Law Center Allegedly Funding the American Nazi Party and Other Racists
"[The National Socialist Party of America leader] used [SPLC] donors' money to, among other things, travel to extremist rallies, host extremist rallies, donate money to leaders of other extremist organizations, recruit new members into his extremist organization, publish racist and extremist material for the purpose of recruiting new members, both inside and outside of prison, and create racist paraphernalia to sell at rallies to raise more money for his extremist organization."
Free Speech Unmuted: The First Amendment and Privacy Rights
Jane Bambauer and I explore the uneasy collision between free speech and privacy law—from anonymous pamphlets and wiretaps to revenge porn, hidden cameras, Hulk Hogan, and whether anyone truly owns their own name or life story.
Court Issues Temporary Restraining Order Protecting Group Flying "8647" Flag
The flag, in context, likely doesn't fit within the First Amendment exception for true threats of illegal conduct or incitement of illegal conduct. [UPDATE: I had originally called this a preliminary injunction, but it is technically a temporary restraining order.]
