Free Speech
S. Ct. Will Decide "TRUMP TOO SMALL" Trademark / First Amendment Case
The question: Does the First Amendment allow content-based but viewpoint-neutral restrictions on which trademarks may be registered—here, a restriction on marks that "[c]onsist[] of or comprise[] a name ... identifying a particular living individual except by his written consent"?
Trump-Appointed Judge Rules Tennessee's Anti-Drag Law Unconstitutional
Plus: Librarians take on Arkansas book restrictions, another migrant stunt may have originated in Florida, and more...
E.U.'s Digital Services Act Threatens Americans' Free Speech
Online platforms should resist binding us all to the rules of censorship-happy jurisdictions.
Journal of Free Speech Law: "Sober and Self-Guided Newsgathering," by Prof. Jane Bambauer
Just published as part of the symposium on Media and Society After Technological Disruption, edited by Profs. Justin "Gus" Hurwitz & Kyle Langvardt.
Court Strikes Down Tennessee Ban on Pornographic Performances by "Male or Female Impersonators" Where Minors Can See Them
Properly crafted restrictions on displays of pornographic material where minors can see it are constitutional; but the court rules, among other things, that this restriction (1) discriminatorily targets drag shows, (2) lacks an exemption for minors escorted by parents, (3) applies even to venues that try to card attendees but are duped by a fake ID.
YouTube Abandons Election Misinformation Policy That Censored Political Speech
"We find that while removing this content does curb some misinformation, it could also have the unintended effect of curtailing political speech."
Journal of Free Speech Law: "Getting to Trustworthiness (But Not Necessarily to Trust)," by Prof. Helen Norton
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 Publishing Symposium on "Media and Society After Technological Disruption"
The symposium was edited by Prof. Justin "Gus Hurwitz" & Prof. Kyle Langvardt, and will be published later this year as a book by Cambridge University Press.
Woman Suing Cuba Gooding, Jr. Over Alleged Rape Can't Proceed as "Jane Doe" at Trial
The court had allowed her to litigate pseudonymously at earlier stages in the process, but just held that this doesn’t extend to trial.
The Marvelous Mrs. Maisel Celebrated Selfishness as a Virtue
The show's final season boldly declared that success requires putting yourself first and accepting the trade-offs.
Unsuccessful Plaintiff Can't Get Case Retroactively Sealed, Despite Alleged Harm to Employment Prospects
The case had involved a doctor who had sued over his license being restricted based on allegations of mental incompetency.
Josh Hawley Wants the Government To Silence A.I.
The Missouri senator is once again pursuing misguided tech regulation.
California Lawmakers Want To Make Tech Companies Subsidize News Media
Plus: Debt ceiling deal passes House, Congress wants to childproof the internet, lactation consultant licensing law is unconstitutional, and more...
Clea Conner: America Needs More and Better Debates
The CEO of Open To Debate wants us to disagree more productively—especially when it comes to presidential debates.
Childproofing the Internet
How online “child protection” measures could make child and adult internet users more vulnerable to hackers, identity thieves, and snoops.
Ron DeSantis Dangerously Blurs the Line Between State and Private Action
Whether the putative target is the "biomedical security state," wokeness, "Big Tech censors," or Chinese Communists, the presidential candidate’s grandstanding poses a clear threat to individual rights.
German Police Investigate Roger Waters Over Concert Wardrobe
Laws against displaying Nazi-esque iconography are well-intended, but they pose a threat to free speech and the principles of a free society.
Oppression in the South Was Not an Expression of Freedom
Freedom's Dominion argues Southern history was animated by "racialized radical anti-statism." The case is lacking.
How Ron DeSantis, Tucker Carlson, and Elon Musk Will Change the Section 230 Debate
Expect the very foundations of the internet to come under attack from politicians and the mainstream media.
Rep. George Santos's Bail Guarantors Are Being Kept Secret
The New York Times asked that their names, and information related to the bail hearing, be released.
Court Upholds Order Limiting Divorced Father's Talking to Gay Son About Sexual Orientation and Religion
"[W]e find no error by the trial court in finding that Father had mentally abused N. The circuit court concluded that N. was 'frightened,' 'scared,' and 'fearful' of his Father's anger and his Father's refusal to accept his sexual orientation."
The Surgeon General Exaggerates the Threat Social Media Poses to Kids
A new report calls for policy makers to take action when none is required.
Kicking Out Paid Conference Attendee May Be Breach of Contract—but His Returning Is Still Criminal Trespass
A case stemming from a "Holocaust revisionist's" expulsion from a conference on "Mennonites and the Holocaust."
Preliminary Injunction Against "Disparag[ing]" or "Frivolous" Claims About School Board or Employees …
violates the First Amendment, holds the Louisiana Court of Appeal.
First Amendment Challenge to Discipline of 8th-Grader for "Racially Insensitive" Instagram Post Can Go Forward
The student had “posted a screenshot of a friend with a cosmetic mud mask on her face with the caption ‘when he says he’s only into black girls’ on her Instagram account.”
Section 230 Is Safe (for Now) After Supreme Court Rules on Google and Twitter Terrorism Cases
Plus: A new lawsuit in Montana over the state's TikTok ban, the economic realities of online content creation, the rights of private companies, and more...
Montana Sets Itself Up for First Amendment Lawsuits With TikTok Ban
Plus: Americans are increasingly changing religions, court pauses rejection of "free" preventative care mandate, and more...
Don't Blame Elon Musk for Turkey's Authoritarian Twitter Censorship
Anger about social media censorship should be directed at repressive governments, not the companies they threaten.
Do Conservatives Actually Like RFK Jr., or Do They Just Think He'll Hurt Biden?
Democrats spent tens of millions of dollars last year's midterms meddling in Republican primaries. Republicans may now be borrowing a page from their playbook.
