The First Amendment Protects CNN's Reporting on ICEBlock and Iran
The Justice Department cannot constitutionally prosecute a news outlet for covering the news.
Free Speech
Lawsuit Against Google for Accurately Reporting Negative Stories About Plaintiff Dismissed
Plaintiff claimed that the search results violated his "right of publicity," and also that the output was defamatory because it "uses a 'negative algorithm' that promotes negative stories about Garmon while suppressing positive stories about him—or, at least, pushing the positive stories down the list of search results."
Are Plaintiffs More Eligible to Be Pseudonymous in Lawsuits Against the Government? Less Eligible?
Today's D.C. Circuit decision muddies the matter still further.
California Law Stops City from Flying World Flag Above U.S. and California Flag
And the U.S. Constitution doesn't preclude this result.
Court Allows Breach of Contract Claim for Haverford's Allegedly Failing to Respond to Anti-Semitism Complaints—But Only for Nominal Damages
"So whatever hard to imagine rationalization Haverford might offer for obscuring the content of its actual bias policy—an artifice reminiscent of Dean Wormer's 'double secret probation'—I find the demarcation 'draft' to be of no legal import."
Cancellation Litigation + Doxing Claim, over Allegedly Malicious Publicizing of Snapchat Video with Allegedly Racist Statements
"[B]oth parties exchanged these Snapchat videos while they were intoxicated and their judgment was impaired. Notwithstanding, the communications were private and intended to be jokes between close friends."
Clarence Thomas Undermines Free Speech in Porn Site Age-Verification Case
The Supreme Court's decision in Free Speech Coalition v. Paxton weakens the First Amendment rights of adults everywhere.
How Should Courts Analyze Age Verification Requirements for Porn That's Illegal for Minors?
Prohibiting the distribution of porn to minors, the Court says, legitimately carries with it some burdens on adults as well, when the burdens are closely linked to distinguishing the adults and the minors.
Big Free Speech Takeaway from Today's Free Speech Coalition v. Paxton Porn Age Verification Decision
"Strict scrutiny is unforgiving because it is the standard for reviewing the direct targeting of fully protected speech.... [A]s a practical matter, it is fatal in fact absent truly extraordinary circumstances."
No Pseudonymity for Illinois Ex-Med Student Suing Under Title IX to Challenge Dismissal for Sexual Misconduct
The Seventh Circuit is generally much more hesitant than courts in other circuits to allow pseudonymity in such cases.
Lawyers' Public Allegations of Racial Prejudice by Trial Judge Lead to 30-Day Suspension
The Florida Supreme Court concludes that, among other things, the allegations were knowingly or recklessly false.
Student Visa Applicants Will Now Be Forced To Make Their Social Media Accounts Public
The Trump administration continues its war against disfavored speech.
Pride Is a Triumph of the First Amendment
Free speech, assembly, and protest—not government action—have powered LGBTQ+ progress in America.
Reason Earns 15 Southern California Journalism Awards
First-place finishes include a piece on the Dutch "dropping" rite of passage, a documentary exploring citizen journalism and free speech, and a long-form interview with exoneree Amanda Knox.
Advertising Companies Cave to the FTC. Media Matters Sues To Defend the First Amendment.
Omnicom Group and the Interpublic Group of Companies accepted the Federal Trade Commission's anti-boycott proviso to complete their merger. Instead of capitulating to the commission, Media Matters is suing.
Defamation, Emotional Distress, Racism/Sexism Allegations, and Discovery
"[Defendant ex-employer's] request for all of [plaintiff's] communications containing language that is sexist or racist is overbroad."
Conflict and Loathing Among Signature Gatherers + Battery, Slurs, and Self-Defense
"While Mr. Legorreta may have been calling Cobham an 'asshole' and making other comments, and even if he called Cobham the 'N' word these events do not justify or provide a defense of self-defense."
The Rationale for Deporting Mahmoud Khalil Is Alarmingly Vague and Broad
Marco Rubio’s nebulous invocation of foreign policy interests is bound to have a chilling impact on freedom of speech, which is the whole point.
Illinois Court Dismisses Defamation Suit Based on Allegations that Plaintiff Teacher Was "Anti-White" etc.
The court does, however, leave open the possibility that the plaintiff can file an amended complaint that can go forward.
No Pseudonymity for Vexatious Litigant, Even When She Is Alleging Sexual Assault
"[A]llowing plaintiff to proceed under a pseudonym could enable her to evade judicial oversight under the vexatious litigant rules by obscuring her litigation history and identity across multiple cases."
Campaign Finance Laws Institutionalize Corruption
Powerful political allies get a pass, while dissenters are crushed with massive fines. This isn’t a flaw in the system—it’s the point.
No Preliminary Injunctions Against Penn's Sanctions on Prof. Amy Wax
"[W]hatever harm she claims, it is not imminent, irreparable harm. Her damages, if any, are monetary damages."
Did Elected Officials Violate First Amendment by Orchestrating Public Criticism of (and Racism Allegations Against) Their Critic?
"[P]ublic condemnations, op-eds, and official complaints ... through proxies are independent constitutional violations" if the officials "engaged in conduct that was motivated by the plaintiff's protected speech and had the requisite chilling effect on First Amendment activity."
Decisions to Restrict Online Access to Eviction Records Are for Judges, Not for Clerks of Court
So holds the Ohio Supreme Court.
A Judge's Order Freeing Mahmoud Khalil Is Yet Another Loss for the Trump Administration's Immigration Agenda
A federal judge didn't buy the Trump administration's claims about why it was keeping Khalil in an federal immigration detention center.
Court Rejects Lawyer's and Client's Libel Claim Over Inside Higher Ed's Coverage of Title IX Suits
The court appears unmoved by the claim that an earlier ruling sent the "wrong message ... that people of color (all the plaintiffs are Latino) do not have a chance to get their day in this Honorable Court."
Texas Legislators Say They Are Protecting Free Speech on Campus by Banning 'Expressive Activities' at Night
A bill awaiting the governor's signature represents a stark reversal from a 2019 law aimed at promoting "uninhibited debate."
News Site Can Be Prosecuted for Publishing Home Addresses of Police, Prosecutors, and Judges
So the New Jersey Supreme Court unanimously held Tuesday; the decision allows civil liability as well as criminal punishment, once the government official demands that the newspaper (or anyone else) stop publishing this information.
Scott Barry Kaufman: Incels, Narcissists, and the Victim Mindset
Psychologist Scott Barry Kaufman joins Nick Gillespie to discuss toxic identity politics, the rise of grievance-based thinking, and why true self-actualization requires moving beyond victimhood.
Fighting Antisemitism Should Not Come at the Expense of the First Amendment
The Antisemitism Awareness Act threatens the First Amendment by empowering federal bureaucrats to police political and religious expression.
