Free Speech
The First Amendment Protects Everyone, Even Facebook and Twitter
Florida passed a law to stop big tech “censorship.” But the law itself tramples First Amendment rights.
Is It Defamatory to Falsely Call Someone a Racist, White Supremacist, Socialist, or Communist?
No, because courts conclude that those terms are just opinions and name-calling.
University Official Fired for Discriminating Against Police Chief Who Voted for Trump
The official was the Vice President for Student Affairs and Diversity at the University of North Dakota.
UC Irvine Vice Chancellor Sends an Official Message About the Rittenhouse Trial
Are universities supposed to have institutional views on the facts about self-defense in a case half a continent way?
Prof. Eric Segall (Georgia State) and I on Segall's Supreme Myths Podcast
We talk about blogging, social media and free speech, the Religion Clauses, and federalism and individual rights.
The New York Times Is Protected by Freedom of the Press. So Is James O'Keefe.
The newspaper wrongly implies that press freedom is limited to "real" journalists.
Court Rejects Sealing Request by United Network for Organ Sharing
“UNOS’s reasoning boils down to a desire to keep indiscreet communications out of the public eye, which is not enough to satisfy our standard for good cause.”
"Yes, This Is a Witch-Hunt: A University's Office for Access and Equity Launches a Full-Scale Persecution Campaign"
From leading liberal constitutional law professor Andrew Koppelman (Northwestern), in the Chronicle of Higher Education.
Court Strikes Down School Board Restrictions on "Irrelevant," "Abusive," "Offensive", "Intolerant," "Inappropriate," or "Otherwise Inappropriate" Public Comments
"Representatives of a public entity taking the opportunity to squelch plaintiffs' views as apostasy"; the squelching was partly based on claims that certain remarks are "abusive and coded in racist terms, also known as 'dog whistles,'" and that "comments about the District's equity survey" were "'irrelevant' to the meeting agenda item of the District's equity policy."
Wisconsin Court Reverses Conviction for Alleged Threat
Defendant had posted three photos to Instagram showing (1) a movie ticket, (2) ammunition, and (3) the inside of a theater, and also one to Snapchat showing (4) a handgun.
From Akhil Amar, David Lat, and Simon Lazarus on TrapHouseGate and the Broader Climate at Yale Law School
Amar: The Yale Law School administration has been "dilatory, duplicitous, disingenuous, downright deplorable."
Emerson College Conduct Board Finds "China Kinda Sus" Stickers to Be Forbidden "Discriminatory Conduct"
Appalling that an American university, which had publicly committed itself to free expression, would thus censor criticism of a foreign government (whether China, Israel, or any other).
Court Rejects Negligence Lawsuit Against Armslist Over Murder Using Gun Bought in Armslist-Facilitated Transaction
The court takes a narrow view of 47 U.S.C. § 230(c)(1), but rejects liability as a matter of state law: “public policy [with regard to how gun sales can be arranged] is more properly determined by the peoples’ elected representatives rather than by the courts.”
Government Regulation of Social Media Won't Protect Free Speech
Sen. Amy Klobuchar wants to put HHS Secretary Xavier Becerra, the former California attorney general with a reputation for being a partisan hack, in charge of "health disinformation" online.
"Court Should Start with a Presumption That Art Is Art, Not a Statement of Fact"
When should rap lyrics (or other works) be admissible as evidence on the theory that they reflect real events?
FBI Raid of James O'Keefe's House Is a Blow to Press Freedom
Plus: Consumer prices surge, a Virginia school district talks openly about burning books, and more...
Nicholas Christakis: How To End the Covid Pandemic
Misinformation and bad policy can only be defeated by robust, open debate in the public square.
Political Candidate Can't Sue Critics Pseudonymously, Under Seal, with Gag Order
"Plaintiff is an adult who chose to enter the political arena and now to file this litigation, asserting claims against Defendant as a result of Defendant's alleged statements and activities concerning Plaintiff and Plaintiff's political campaign."
Ban on Demonstrations Near South Dakota Capitol Likely Violates the First Amendment
The government had tried to shut down the 200-acre grounds for two months (including during a special session of the Legislature) for tree decoration.
Why Are the Media Treating 'Let's Go Brandon' Like Criminal Hate Speech?
The anti-Biden slogan is clearly protected by the First Amendment.
Academic Freedom Alliance Guidance Statement on Compelled Speech
Universities should not compel professors to affirm their belief of contested values
Realtors Group Hearing "Hate Speech" "Ethics Complaint" Against Pastor-Realtor …
for saying "LGBTQ+" "Pride" message is "against our biblical doctrine."
No Speech for Two Months in Front of the State Capitol: We're Decorating Trees
That can't be constitutional.
University of Florida Bans Professors From Testifying Against State Voting Law
"Outside activities that may pose a conflict of interest to the executive branch of the State of Florida create a conflict for the University of Florida," said the university in a statement.
