Free Speech
Lawsuit by Tara Reade (Who Accused President Biden of Sexual Assault) Against N.Y. Times Dismissed
Reade sued over the Times' including a portion of her social security number in a photo of her federal identification card accompanying a story. A federal court has rejected her claim, and she may also be required to pay the Times' legal fees.
Slippery Slope Arguments in History: The 1950s and Restrictions on Communist Speech
"Nevertheless, this Court still sits!"
Another Decision Against Sealing Records in Libel Cases
Litigating defamation claims "in secrecy to avoid any potential embarrassment to" their subjects "directly contradicts the presumptive right of public access to pleadings and judicial proceedings."
S. Ct. Marshal Asks for Enforcement of Md. Residential Picketing Ban; but that Ban Is Likely Unconstitutional
But the Montgomery County residential picketing ordinance, also mentioned in the marshal's letter, is likely fine.
No-Contact Order Against Law Students (and Professor) Based on Conversation About Homosexuality and Bible …
likely unconstitutional, holds a federal district court.
The FBI Kept Tabs on Mort Sahl's Jokes About It, and Hoover Thought Sahl Was a 'Sick Man'
The late standup comedian's FBI file says he "ridiculed the FBI, law enforcement, and high public officials, beyond the bounds of good humor."
Here's What Abortion Laws in a Post-Roe World Might Look Like
A pro-life group's model legislation hints at how extreme enforcing abortion bans could get.
The Dirty Pictures That Revolutionized Art
Brian Doherty's history of underground comix chronicles how Robert Crumb, Art Spiegelman, and others challenged censorship and increased free speech.
Did Cassidy Hutchinson's Testimony Clinch the Incitement Case Against Trump?
The former president's recklessness is beyond dispute, but that is not enough to convict him while respecting the First Amendment.
Ex-Police-Officer Allowed to Proceed Pseudonymously with Due Process and Libel Claim Against City
I lost my motion opposing pseudonymity in the District of New Hampshire, though I'm appealing to the First Circuit.
When Is Government Official's Blocking Commenter from Social Media Page "State Action"?
The Sixth Circuit disagrees with the Second Circuit in the @RealDonaldTrump case (but maybe not by much).
Supreme Court Says High School Coach's Postgame Prayers Are Protected Free Speech
A 6–3 majority sees it as noncoercive and not a violation of the Establishment Clause.
Justice Thomas (Still) Wants Supreme Court to Revisit "Actual Malice"
Justice Thomas reiterates his desire to revisit the contours of defamation law and New York Times v. Sullivan.
State Attorney General Suggests Considering Applicants' Ideological Viewpoints in Denying Carry Licenses
The California AG endorses denying licenses based on the applicant's "hatred" or "racism."
American U. Law Students Investigated for "Harassment" for Insulting Comments About Abortion in Group Chat
The complaining student alleged the students' remarks were "harassing and threatening" him because of his conservative "political affiliation" and his "religious beliefs."
As the ACLU Recedes From Its Core Mission, FIRE Expands To Fill the Void
The Foundation for Individual Rights and Expression (FIRE) is defending expression on campus and off as the ACLU becomes a progressive advocacy group.
Boycotts Aren't Protected Speech, Rules Appeals Court
Plus: Employers sue over Florida's Stop WOKE Act, how inflation erodes financial privacy, and more...
Abortion Bans Bring First Amendment Battles, Too
Looking back at how abortion advertising bans played out last century may give us some idea what the future holds for speech about abortion.
The ACLU Is Struggling To Find Its Identity In Post-Trump America
Despite its opposition to gun rights for individuals, the ACLU's drift away from its core mission resembles the NRA's recent trajectory.
Criminal Libel Law, Partly Coming Back in Washington State in Harassment Order Cases
When a judge hearing a protection order petition thinks the defendant is engaged in "harassment," which can include two or more statements the judge thinks is libelous, the judge can effectively criminalize future libels of the plaintiff by the defendant.
Australia Offers a Terrifying Vision of an Internet Without Section 230
What happens when YouTube and Facebook can be held liable for their users’ speech?
Senators Want To Control Google Search Results About Abortion
Plus: Uvalde cops didn't check classroom door, Texas GOP slides further to the right, telemedicine deregulation in peril, and more...
University of Houston Rolls Back Unconstitutional Anti-Harassment Policy
Students sued to protect their First and 14th Amendment rights.
Contract Lawsuit Can Proceed, Over Private School Disciplining Student for Alleged Racial Epithet Use
The plaintiff alleged that the Wardlaw-Hartridge School had failed to comply with its own procedural rules in the Student-Parent Handbook.
>$10M Libel Verdicts: They're Not Just for Johnny Depp
But here the Iowa Supreme Court reduced the verdict to $3M, with an interesting analysis of the law of libel.
What Are Ya, Some Kind of Comedian?
Qualified immunity denied in case alleging a probable-cause-less arrest based on plaintiff's (comedian Hannibal Buress's) speech "roast[ing a police officer's] ass."
U.K. Approves Extradition of Julian Assange to the U.S.
The WikiLeaks founder faces espionage charges for publishing classified U.S. information, a prosecution with serious implications for all our First Amendment protections.
YouTube Deleted a January 6th Committee Video for Spreading Election Misinformation
"We enforce our policies equally for everyone," said a spokesperson.
"[W]ell, People Really Be Tellin', People Be Tellin'. That Is Not Right, That Is Not Right."
A Snapchat post containing this line and "a copy of the police report summarizing [a witness's] identification of [a person] as the shooter" leads to a four-year prison sentence for witness tampering; a New Jersey court says the post is a constitutionally unprotected true threat of violence.
Seventh Circuit Reinstates Lawsuit Over School Ban on T-Shirts That Depict Guns,
and reverses a precedent that suggested that viewpoint-neutral speech restrictions in public K-12 schools are generally permissible.
Institute for Free Speech Looking for Litigator (with 7+ Years of Experience)
One of the very few jobs where you'd get to litigate free speech law every day
Not Libel or IIED to Accuse Ex-Son-in-Law of Trying to Turn His Daughter (Accuser's Granddaughter) Lesbian,
at least in text messages to the grandchildren.
