Free Speech
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.
Is Free Speech Doomed in Hong Kong?
Last week’s sedition conviction is yet another step backward for press freedom.
The Soft Totalitarianism of the Political Class
Officials pursue an anti-liberty agenda through unofficial pressure and foreign regulators.
This Texas Woman Was Jailed for Her Journalism. Is She the Future of Media?
Priscilla Villarreal, known as "Lagordiloca," is suing law enforcement for violating her First Amendment rights. She is appealing to the Supreme Court.
Campus Free Speech, 2024
For free speech on campus, Brandeis and Holmes should guide colleges and universities.
$1.85M Award in #TheyLied Lawsuit Over False Accusation of Rape
The award consisted of $1.5M compensatory damages and $350K punitives.
Private Universities That Reject First Amendment Principles Put Themselves At Legal Risk (Updated)
Conforming speech policies to the First Amendment would serve private universities well, legally and otherwise.
Confusing Use of Another Political Group's Name as "Source Identifier" May Lead to Trademark Injunction
A dissenting subgroup of the Libertarian Party of Michigan was barred from "from identifying as the Libertarian Party of Michigan in the provision of services."
State Bar's Ideological Statement May Violate First Amendment Rights of Dissenting Members, If It Purports to Speak for Lawyers Generally
"[M]uch of [the Oregon State Bar statement's] criticism of then-President Trump did not relate to the justice system at all—for instance, it criticized Trump for describing Haiti and African countries as 'shithole countries.'"
Sarah Palin Gets New Trial in Libel Lawsuit Against N.Y. Times
"[T]he district court’s Rule 50 ruling improperly intruded on the province of the jury by making credibility determinations, weighing evidence, and ignoring facts or inferences that a reasonable juror could plausibly have found to support Palin’s case."
Telegram CEO Pavel Durov's Arrest Is Part of a Global War on Free Speech
Governments around the world seek to suppress ideas and control communications channels.
Is Pavel Durov the Next Julian Assange?
The Telegram co-founder may become a free-expression martyr for the terrible crime of enabling permissionless speech.
Material in Pennsylvania Sen. Douglas Mastriano's Lawsuit Related to His Ph.D. Thesis Should Be Unsealed
So the District Court in Sen. Mastriano's case just held.
Putin and the Ayatollah Wanted To Censor This App. Now It's Macron's Turn.
French police arrested Telegram founder Pavel Durov for failing to control his social media and messaging app.
Russian Opera Singer Anna Netrebko's Sex Discrimination Lawsuit Over Firing by N.Y. Metropolitan Opera Can Go Forward
But her national origin discrimination claim (apart from the sex discrimination component) is rejected, as is her defamation claim.
Lawsuit Over Allegedly Discriminatory Denial of Permit to Display Nativity Scene in Park Can Go Forward
Nativity scene was allegedly excluded (ostensibly on COVID grounds) while a menorah lighting was allowed.
Racetrack Can Sue Alleging COVID Shutdown Enforcement Targeted Speech, Violated "Fruits of Their Labor Clause"
That’s the Fruits of Their Labor Clause of the North Carolina Constitution.
No Pseudonym for Ex-Pro-Basketball-Player Sexual Assault Defendant
"While this case involves a statutory conferral of anonymity, the legislature is not exempt from the Constitution."
Briefs Supporting Strong First Amendment Protection for K-12 Students' Outside-School Speech
The amicus briefs come from several organizations and people, some liberal (e.g., the ACLU), some conservative, and some apolitical.
North Carolina Threatened To Prosecute Her for Taking a 'Ballot Selfie.' Now, She's Suing.
Susan Hogarth posted a photo of her primary ballot. In North Carolina, that's against the law.
Free Speech Coalition Slaps Censorious E.U. Commissioner Who Threatened Elon Musk
The European Union is an engine of global control-freakery.
Unusual Fraud Claim Against Scientific Co-Author Over Alleged Research Problems Fizzles Out
The claim was brought too late, the court holds, and the associated defamation claim is barred by the judicial proceeding privilege.
Can Law Forbid Threatening Judges with Impeachment Because of Their Votes?
Donald Trump, Rick Perry, and more.
Can't Get Case Sealed Just Because "People Ask Me About [It]"
The plaintiff says she "thought the whole time it was going to be confidential"—but court cases are public.
First Amendment Doesn't Protect Speech That Solicits a Specific Crime
Calling for the burning of a particular mosque, for instance, or the bombing of a particular police station, or the killing of a particular person (politician, police officer, activist, or anyone else) may be constitutionally unprotected solicitation.