Free Speech
Charlie Kirk and America's History With Political Violence
Nick Gillespie and Matt Welch discuss the murder of Charlie Kirk and how political violence is reshaping the national climate.
California Public Charter Schools' Independent Study Programs Can Insist on Secular Curricular Materials
"The Supreme Court has recently confirmed that the Free Exercise Clause does not prohibit a state from providing 'a strictly secular education in its public schools'"—and, the court held, that extends to California charter schools and their parental "home-based direct instruction approved by the school and coordinated, evaluated, and supervised by state-certified teachers."
GOP Rep Proposes Canceling People Over Mean Posts About Charlie Kirk
Louisiana Rep. Clay Higgins, who once opposed government jawboning, now says people should be banned from both social media and public life over their posts.
The Killing of Charlie Kirk: 5 Idiotic Responses on Social Media
We should welcome renunciations of violence from those who disagree with Kirk, and dispute nonsense across the political spectrum.
Teacher Disciplined for Saying "Privilege" Training Involved "White-Bashing BS" Can Go Forward with First Amendment Claim
"[T]he only evidence of disruption pointed to by Defendants is the fact that a teacher felt uncomfortable at a session designed with the expectation that participants would feel uncomfortable."
Oklahoma AG on the First Amendment and Drag Shows
Such drag shows are protected unless they fit within the (fairly narrow) category of obscenity, which is limited to certain material that depicts sexual conduct (not just cross-dressing).
Free Speech Unmuted: A Conversation with FIRE's Greg Lukianoff
FIRE is one of the leading free speech advocacy and litigation groups in the country, and Greg is not only its long-time head but also coauthor of several books, including Coddling of the American Mind (with psychologist Jonathan Haidt) and War on Words: 10 Arguments Against Free Speech—And Why They Fail (with law professor and former ACLU President Nadine Strossen).
Woman Repeatedly Badmouthed Ex-Lover, Ordered Not to Say Anything Online About Him, Lost Gun Rights
She had admitted that some (though not all) of the speech was false, but the injunction (entered in a restraining order case, not following a full defamation trial) extends to all speech, not just falsehoods: "Even speech otherwise protected by the First Amendment may be enjoined if it disturbs the petitioning party's peace."
"Authoritarians in the Academy": The Free Speech Recession
When universities are global institutions, the global speech environment matters.
College Students Across the Political Spectrum Support Shouting Down Opponents
Once a left-wing fetish, the heckler’s veto has gained conservative adherents.
California County's Restriction on Being a Spectator at a Car "Sideshow" Violates First Amendment as Applied to Reporter
The ruling would apply, I think, to anyone gathering information about the sideshow for publication, whether or not he's a professional journalist.
Graham Linehan's Speech Must Be Defended
The Irish comedian's arrest by British authorities is an outrage.
Documenting Denial: A Record of Rejection Faced by Gay Couples
Over the past two decades, scores of business owners across the nation have sought to refuse services for same-sex weddings, an SMU Law School study finds
FDA Official Pressures YouTube Into Removing a Channel For Posting His Own Vaccine Comments
Not long ago, conservatives were rightly concerned about jawboning. Now they're apparently happy to take part in it themselves.
More Age Verification Fallout: Artist Blogs Blocked, Porn Data Leaked, Traffic Boosts for Noncompliant Sites
Unintended—but entirely predictable—consequences abound!
Alan Dershowitz's Libel Case Over CNN's Coverage of His Defense in Trump Impeachment Thrown Out
"For a public figure like Dershowitz to prevail, defamation law has long required proof of a speaker's actual malice: knowledge of or reckless disregard for the falsity of a statement. But here, the available evidence points to the reporters’ sincere—if mistaken or even overwrought—belief in the truth of their accusations."
When Can Lawyers Be Punished for "Undignified or Discourteous" Criticism of Judges?
"Miss Manners has much to commend her within a polite and respectful society, but we are not her enforcement division."
Death Doulas Have First Amendment Right to Advise Clients Without Having to Get Funeral Services License
"[Indiana's] approach furthers the state's interests the way an atom bomb would further the eradication of a residential ant infestation."
California Law Restricting "Materially Deceptive" Election-Related Deepfakes Violates First Amendment
So a federal judge just held.
Can Vanderbilt Student Suspended for Alleged False Accusations Sue Vanderbilt Pseudonymously?
No, says, a District Court judge.
Delaware S. Ct. Rejects Defamation Claim Brought by Repair Shop Owner Who Provided Hunter Biden Laptop to Media
It also rejects Hunter Biden's invasion-of-privacy counterclaim, on statute of limitations grounds.
Burn, Baby, Burn
Plus: Government stake in Intel, inside the DNC, RFK Jr. brings back whole milk, and more...
Prosecutions Under New "Prosecuting Burning of the American Flag" Executive Order Would Violate First Amendment
And this is so even though the order targets flag desecration that could be punished under more neutral rules.