Economic Freedom Is Declining in the U.S.
We once ranked No. 4 in the world, according to the Heritage Foundation. Now we're 25th.
Free Speech
Can a Florida School District Ban a Children's Book About Gay Penguins?
The answer's more complicated than you might think.
Journal of Free Speech Law: "Structuring a Subsidy for Local Journalism," by Prof. Kyle Langvardt
Just published as part of the symposium on Media and Society After Technological Disruption, edited by Profs. Justin "Gus" Hurwitz & Kyle Langvardt.
Journal of Free Speech Law: "From Hot News to Link Tax: The Dangers of a Quasi-Property Right in Information," by Paul Matzko
Just published as part of the symposium on Media and Society After Technological Disruption, edited by Profs. Justin "Gus" Hurwitz & Kyle Langvardt.
Journal of Free Speech Law: "How Local TV News Is Surviving Disruption as Newspapers Fail: Lessons Learned," by Prof. Laurie Thomas Lee
Just published as part of the symposium on Media and Society After Technological Disruption, edited by Profs. Justin "Gus" Hurwitz & Kyle Langvardt.
Journal of Free Speech Law: "Moderating the Fediverse: Content Moderation on Distributed Social Media," by Prof. Alan Rozenshtein
Just published as part of the symposium on Media and Society After Technological Disruption, edited by Profs. Justin "Gus" Hurwitz & Kyle Langvardt.
Court: Public School Likely May Ban Student from Wearing "There Are Only Two Genders" T-Shirt,
notwithstanding the First Amendment.
Journal of Free Speech Law: My "The Reverse Spider-Man Principle: With Great Responsibility Comes Great Power"
Just published as part of the symposium on Media and Society After Technological Disruption, edited by Profs. Justin "Gus" Hurwitz & Kyle Langvardt.
A Civil Rights Attorney Started Filming a Traffic Stop. Then Police Arrested Her.
Her arrest may have been retaliation for her involvement in a lawsuit against the local police department.
Congress Had Questions About the CDC Stifling Dissent. Rochelle Walensky Refused To Answer.
Plus: Court using anti-pornography software to track a criminal defendant, $25 million verdict against Starbucks over fired employee, and more...
Journal of Free Speech Law: "Content Moderation in Practice," by Laura Edelson
Just published as part of the symposium on Media and Society After Technological Disruption, edited by Profs. Justin "Gus" Hurwitz & Kyle Langvardt.
Seattle Ordinance That Forbids, Among Other Things, Chalking Is Likely Unconstitutional
[UPDATE 5/19/24: This trial court decision has since been reversed by the Ninth Circuit.]
The New Right Isn't So New
Left-wing totalitarianism and right-wing authoritarianism are not our only options.
A.I. Needs Section 230 To Flourish
A new bill from Sens. Josh Hawley and Richard Blumenthal would stifle the promise of artificial intelligence.
Government Entity May Turn off All Comments on Its Social Media Page
It just can't limit such comments in a viewpoint-based way.
"Hamtramck Council Approves Banning LGBTQ+, Other Flags on City Property"
Actually, the resolution just dictates what flags may be flown on city flagpoles; and that, I think, is constitutionally permissible.
If Employee Is Fired for Off-the-Job Political Speech, Can He Be Denied Unemployment Compensation
on the grounds that the firing was for "misconduct" (such as violation of a social media policy)?
Journal of Free Speech Law: "Brokered Abuse," by Prof. Thomas Kadri
Just published as part of the symposium on Media and Society After Technological Disruption, edited by Profs. Justin "Gus" Hurwitz & Kyle Langvardt.
DeSantis Complains About the Weaponization of State Power. He Should Reexamine His Own Record.
If the Florida governor wants better behavior, he should model better behavior.
Allegations That Particular Conduct Stemmed from a Racist Motivation Generally Aren't Defamatory
(though false allegations about the details of the conduct may be).
Journal of Free Speech Law: "Privacy Rights, Internet Mug Shots, and a Right to Be Forgotten," by Prof. Amy Gajda
Just published as part of the symposium on Media and Society After Technological Disruption, edited by Profs. Justin "Gus" Hurwitz & Kyle Langvardt.
Private Employers May Not Fire Employees for Writing to the Legislature, Tennessee Court Holds
BlueCross BlueShield allegedly fired an employee for "email[ing] Tennessee state legislators with her concerns and grievances regarding vaccine mandates."
Journal of Free Speech Law: "Defamation, Disinformation, and the Press Function," by Prof. RonNell Andersen Jones
Just published as part of the symposium on Media and Society After Technological Disruption, edited by Profs. Justin "Gus" Hurwitz & Kyle Langvardt.
Cody Wilson: The Future of Gun Control and U.S. Politics
The man behind 3D-printed guns talks about beating the ATF, his abiding interest in cyberpunk culture, and what comes next for "practical anarchy."
Firing a Professor for 'Left-Wing' Views Is Unconstitutional
But Chris Rufo bragged about breaking the law anyway.
Prosecutors Say Backpage Defendants Shouldn't Be Allowed To Reference the 1st Amendment
Prosecutors also want a judge to take basically all possible defenses off the table.
No Pseudonymity for Plaintiff in Medical Data Breach Case
"[A]n individual's name is not sensitive data in and of itself, and Plaintiff does not explain how publication of Plaintiff's name would place Plaintiff's data at further risk."
Lockdown Dissenters Were Muzzled in the U.K. as Well as the U.S.
Thin-skinned authoritarians of the world, unite!
Journal of Free Speech Law: "Cheap Speech and the Gordian Knot of Defamation Reform," by Prof. Lyrissa Lidsky
Just published as part of the symposium on Media and Society After Technological Disruption, edited by Profs. Justin "Gus" Hurwitz & Kyle Langvardt.
A City Banned Pride Month–Themed Library Displays. Then It Threatened Employees Who Criticized the Decision.
After officials in Orem, Utah, banned “heritage month” displays in the public library, it threatened to discipline librarians who criticized the censorship.
Submit Your Articles to the Journal of Free Speech Law, Before You Circulate Them to the Law Reviews
We'll give you an answer within 14 days, and we can publish them within several weeks, if you'd like.
Supreme Court Sides With Jack Daniel's Against Doggy Chew Toy Company
It's not a broad attack on free expression, but Thursday's ruling is certainly a victory for brands that can't take a joke.
Law Banning Distressing Speech "About" a Person Must Be Limited to Speech Within First Amendment Exceptions
So holds the D.C. Court of Appeals, D.C.'s equivalent of a state supreme court.
