Free Speech
Ohio S. Ct. Vacates Order Sealing Documents at Defendant's Behest in Alleged Child Rape Case
The defendant had alleged that he, his family, and his lawyer had been threatened by the public, but the Ohio Supreme Court concluded that the trial court wasn't given adequate evidence to justify sealing.
Social Media Moderation Is Speech, Says Supreme Court
The Court is remanding these two cases for more analysis—but it made its views on some key issues clear.
The TikTok Ban Is a Blueprint for More Social Media Censorship
China's free speech record is bad, but the federal government's isn't so great either.
Julian Assange's Freedom Came at a Steep Price
Assange's plea deal sets a threatening precedent for free speech and journalism.
He Faced a Terrorism Probe, Went to Jail on a Gun Charge, and Now Is Charged With Drug Possession
Although the FBI never produced evidence that Ali Hemani was a threat to national security, it seems determined to imprison him by any means necessary.
The Supreme Court's Dangerous Standing Ruling in Murthy v. Missouri
The standing requirements laid down by the majority might make it extremely difficult or impossible for victims of indirect goverment censorship to get their cases to court.
SCOTUS Declines To Punish the Feds for Suppressing Social Media Speech
The verdict in Murthy v. Missouri is a big, flashing green light that jawboning may resume.
Billboard Comparing Trump to Fidel Castro Removed After Politician Complained
It's a classic case of jawboning.
A Government Veto on Speech at the Supreme Court
Murthy v. Missouri challenges government efforts to suppress dissenting viewpoints on social media.
If Pseudonyms, Then What Kind? How About "Doe WHBE 3"?
Should pseudonymous litigants, and any precedents set in their cases, be known by the initials of the law firms that represent them?
Jay Bhattacharya on COVID, Social Media Censorship, and Trump vs. Biden
"It’s not like public health is infallible," the Stanford professor and Great Barrington Declaration author tells Reason's Nick Gillespie.
Court Strikes Down Arkansas Town Limit on Signature Gathering at Town Festival
The Town of Rose Bud restriction appears aimed at a particular proposed constitutional amendment, which would "require all schools receiving public funds to meet identical standards and would require universal access to pre-K education."
No First Amendment Protection for "Shouting into a Bullhorn and Blaring the Bullhorn's Siren as Close as Three Feet from Government Employees …
and continuing the conduct while following those employees."
The Stop Comstock Act Doesn't Go Far Enough
Upcoming legislation would repeal parts of the 1873 law that could be used to target abortion, but the Comstock Act's reach is much more broad than that.
Florida S. Ct. Reads Florida Anti-Riot Statute as Narrowly Focused on Violence
In this, the court agrees with the Florida Attorney General and the Governor’s office, and disagrees with the challengers who are trying to get the statute struck down on First Amendment grounds.
Professors Lacked First Amendment Right to Post Flyers Calling Colleague and Student Group Racist
Two public university professors were disciplined for posting fliers saying a colleague was racist, and that a student group (Turning Point USA) was a racist "national hate group" with "ties to white supremacy."
SCOTUS Makes It Easier for Victims of Retaliatory Arrests To Vindicate Their First Amendment Rights
The justices ruled that "objective evidence" of retaliation does not require "very specific comparator evidence."
"Indian National" Extradited "in Connection with Foiled Plot to Assassinate U.S. Citizen" for Citizen's Sikh Separatist Advocacy
The government alleges that Nikhil Gupta was involved in a "plot, directed by an employee of the Indian government, to target and assassinate a U.S. citizen for his support of the Sikh separatist movement in India."
Shouting "Chick with a Dick" "Multiple Times" at City Council Meeting Was Disruptive, Could Justify Ejection
So holds a federal court, also concluding that earlier sexual discussions could likewise justify restriction in the open public comment period (treated by the law as a “limited public forum,” in which reasonable and viewpoint-neutral restrictions are constitutional).
Journal of Free Speech Law: "FDA Regulation of Physicians' Professional Speech," by Prof. Barbara J. Evans
An early article from what will eventually be several on Information as Medicine.
President Biden Should Pardon D.M. Bennett
Issuing a posthumous pardon for Bennett would reaffirm our nation’s commitment to free expression and intellectual freedom.
Court Refuses to Order Redaction of Filings That Reveal Litigant's Past Pseudonymous Lawsuits
A California trial court so ruled, and the California Court of Appeal just upheld that decision.
Is Promotion of Free Services "Commercial Speech" for First Amendment Purposes?
One of several interesting questions that arises in a case involving regulations of pregnancy centers that seek to help pregnant women without offering abortions or abortion counseling.
A Frightening View of Free Speech and Academic Freedom at Harvard
A Harvard Dean suggests universities can and should limit controversial speech.
Justice Department Says Phoenix Police Violated Rights of Children, Minorities, Protesters, Homeless People
Phoenix police are trained that "deescalation" means overwhelming and immediate force, whether or not it's necessary.
Justices Agree on Constitutionality of Trademark Restriction, Disagree on How to Approach Such Questions
The underlying methodological debate might also bear on free speech disputes more broadly.
