US News and World Report Article Urging Colleges to Reject Trump's "Compact" With Higher Education
I coauthored the article with four other legal scholars from across the political spectrum.
Free Speech
Is The Washington Post Becoming Libertarian?
The Washington Post opinion editor Adam O’Neal outlines his vision for a more classically liberal editorial voice, examines how both parties turned against free speech and free markets, and explains why the paper is ending political endorsements.
Eleventh Circuit Rejects Trump's Defamation Lawsuit Over CNN 2022 "Big Lie" Statement
President Trump "complained that, by using the phrase 'Big Lie' to describe his claims about the 2020 presidential election, CNN defamed him."
Judge Reverses Earlier Decision: Ex-Employee Can't Sue Planned Parenthood for Race Discrimination as a "Jane Doe"
[UPDATE 11/17/2015 10:21 am: Sorry, post title originally accidentally omitted the "as a 'Jane Doe'" (which of course is what this decision is about, see below); I've revised the title to include it. My apologies!]
Trump Is Right: That BBC Documentary Misquoted Him
His lawsuit against the BBC is likely frivolous, however.
Oregon Woman Says ICE Broke Out Her Car Windows and Detained Her for Filming Them
The First Amendment protects filming the police, but Berenice Garcia-Hernandez says she was dragged out of her car and detained for nearly seven hours for snapping photos of ICE agents.
5 Legal Reforms To Consider as Government Officials Lean on Critics
FIRE suggests laws to trim FCC power and protect free expression.
Candace Owens Can't Present Serious Evidence for Her Charlie Kirk Assassination Theories
The mainstream media have made serious errors. That doesn't mean every contrarian, fringe, or conspiratorial idea is automatically correct.
You Can Thank This Ohio Klansman for Expanding Your Freedom of Speech
Brandenburg v. Ohio established the "imminent lawless action" standard. More than 50 years later, partisans keep trying to apply it selectively.
Photo: A Banksy Mural's Ghostly Outline
The street artist's London mural appeared after the U.K. Parliament voted to ban a group that uses "disruptive tactics" against manufacturers supplying weapons to Israel.
Oklahoma's Obscenity Bait and Switch Could Ban Pride Parades and Public Drag Shows
These lawmakers expect local authorities to ban "obscenity" before it happens—a recipe for chilling a wide variety of legal speech.
James Comey Says His Grudge-Driven Prosecution Is Unconstitutional Retaliation for His Criticism of Trump
The former FBI director also argues that the charges against him are legally deficient and that the prosecutor who brought them was improperly appointed.
Prosecutors Drop Charges Against Tennessee Man Over Facebook Meme
Larry Bushart was arrested on a $2 million bond for posting a meme on Facebook. He was released this week, after more than a month in jail.
Social Media Speech "Recklessly" Jeopardizing Classmates' Sense of "Safety" by "Condon[ing]" "Forcible Family Separation by Immigration Authorities" May Be Punishable
So argues a concurring opinion in today's Second Circuit decision in Leroy v. Livingston Manor Central School Dist., also speaking about speech that "callously cheer[s] on or condone[s]" "police brutality, ... religiously-motivated attacks on their houses of worship, sexual or gender-based violence, or any other type of targeted state or private violence."
School's "Interest in Teaching Racial Sensitivity Is Not Sufficient" to Justify Punishing Student's "Free Expression Off-Campus"
So holds the Second Circuit: "Tying a student speaker's constitutional right to free expression solely to the reaction that speech garners from upset or angry listeners cannot be squared with [First Amendment] principles."
When the Government Censored Dracula, Frankenstein, and King Kong
Remembering a monstrous era of American history
Jake Tapper Called Out Obama and Biden for Free Speech Abuses. He Says Trump Is on a New Level.
"I have not seen ever before a direct infringement on the right to free speech like that," CNN's Jake Tapper says of the Trump administration's actions in the Jimmy Kimmel saga.
Virginia Court Reverses $1M Libel Judgment for School Board Chair Called "Sexual Predator/Harasser" by Activist
The speaker's comments, the Virginia Court of Appeals held, "comments constitute non-actionable opinions based on fully disclosed facts."
Federal Immigration Agents Accused of Tear-Gassing Peaceful Protestors, Pointing Gun at Veterans in Chicago
The actions would violate a federal order imposed by U.S. District Court Judge Sara L. Ellis to limit the use of nonlethal weapons and other crowd control tactics.
The 6th Circuit Upholds a School's Sweatshirt Censorship Because 'Let's Go Brandon' Is 'Plainly Vulgar'
That understanding of a familiar anti-Biden slogan hinges on the political message it communicates.
Congress Investigates TeaOnHer App for Letting Men Post About Women Without Their Consent
It sounds like something niche feminist bloggers might have taken up 10 years ago. But this is being led by Republican lawmakers in the House of Representatives.
ICE Spent Over $71 Million on Guns, Armor, and Chemical Munitions in 2025 So Far
The total is over 600 percent more than what the agency spent from January to October 2024.
"When You Soon Return to Allah": "Harmless Islamic Reference[] About Life and Death" or an "'Absolute' and 'Direct' Threat" to Ex-Wife?
"Allah does not forget, however. This is how people earn their final place in the [h]ereafter."
A D.C. Man Was Arrested for Mocking National Guard Troops with Star Wars' 'Imperial March.' Now He's Suing.
Sam O'Hara went viral for playing "The Imperial March" behind groups of National Guard soldiers in D.C. He also says it led to him being illegally detained.
ICE Is Mounting a Mass Surveillance Campaign on American Citizens
Without strict oversight, the agency’s new technology threatens Americans’ free speech and privacy.
Trump Campaigned on Free Speech. That Isn't How He's Governed.
Politicians across the aisle love free speech—until they're in power.
