China Kinda Sus: Indictment for "Transnational Repression Scheme to Silence Critics" of China in U.S.
Defendants include a DHS employee and a retired DHS law enforcement agent.
Free Speech
The Clarence Thomas Court Is Good News for Gun Rights, Bad News for Criminal Justice Reform
Like it or not, the Thomas Court is here.
Court Rules for Student Free Speech as to Off-Campus "Me and the Boys Bout to Exterminate the Jews" Post
“Defendants cannot claim a reasonable forecast of substantial disruption to regulate C.G.’s off-campus speech by simply invoking the words ‘harass’ and ‘hate’ when C.G.’s speech does not constitute harassment and its hateful nature is not regulable in this context.”
Two Cases Reject Pseudonymity for Porn Copyright Infringement Defendants
The split in the cases grows.
Elected Official vs. [Chocolate] Dick At Your Door
Ventura County Supervisor Linda Parks sues a company that's in the business of delivering "chocolate Dick[s]," "offensive 5 inch chocolate phallus[es] with no redeeming social qualities, whatsoever."
When Spiegelman's Maus Was Challenged, Sales Spiked
How school board members lashed out against dirty words
Threatening to Disclose That Someone Had Been Molested Isn't Criminal Harassment (in N.Y.)
Plus a nice catalog of how high the bar can be for punishable threats under New York law.
India Wants Twitter To Participate in Government Censorship
Social media platforms may marginally support free speech. Government censors are trying to stop that.
Good Thing the United Cajun Navy Apparently Has a JAG Corps
An interesting threats case, from the Louisiana Court of Appeal
How Would You Change the Constitution?
I asked scholars, podcasters, and passersby how they'd change the nation's founding charter. Here's what they told me.
Brian Doherty: From MAD Magazine to Maus
A new history, Dirty Pictures, explores how underground comix revolutionized art and exploded censorship once and for all.
National Constitution Center Releases Reports on "Restoring the Guardrails of Democracy"
The project includes reports by conservative, libertarian, and progressive teams. I am coauthor of the Team Libertarian report.
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.
