Free Speech
Trump's Pick To Run the FCC Wants To Restrict the Editorial Discretion of Social Media Platforms
"Reining in Big Tech," Brendan Carr says, requires scrapping liability protections and restricting moderation decisions.
Texas Bill Takes Aim at Online Speech About Abortion Pills
Abortion battles are becoming tech policy battles.
College Baseball Coach's Defamation Case, Alleging School Said He Was Fired Because He Acted in Racist Ways, Allowed to Go Forward
After the federal judge denied the university's motion for summary judgment, the case settled. Among other things, the judge concluded that allegations that a coach acted in a racist way were "defamation per se," so that plaintiff didn't have to show specific damages stemming from the allegations.
Map: Pearl Clutchers in Hot Spring County
A rural Arkansas county files more than twice as many FCC complaints per resident than anywhere else in the United States.
The Israeli-Palestinian Conflict Has Fueled a Surge in Campus Censorship
The portion of college students who say it's OK to shout down campus speakers is rising, according to a new survey.
Oklahoma Opens Office of Religious Liberty and Patriotism
The taxpayer-funded office will investigate cases where religious freedom is trampled on while the state implements biblical study into the curriculum.
Federal Judge Blocks Law Mandating Ten Commandments Displays in Louisiana Classrooms
The law "is not neutral toward religion," wrote Judge John W. deGravelles, who ruled that the law was "facially unconstitutional."
Biden Admin Stops Telling Americans Which Foreigners They Can Debate
The Treasury Department tried to stop an overseas conference that included politicians under sanctions. Now they’re backing down.
Court Rejects Claim That Columbia Improperly Suspended Students for Justice in Palestine Chapter
N.Y. law provides for some judicial review of private universities' actions, when a university fails to "adhere[] to its own published rules," thus rendering its "actions were arbitrary or capricious"; but that standard, the court holds, wasn't met here.
Australian Prime Minister Proposes Total Social Media Ban for Anyone Under 16
Under this restrictive measure, there will be no exceptions, even for parental consent.
Project Veritas' Defamation Lawsuit Against CNN Can Go Forward
Veritas had been suspended from Twitter for including an interview subject's house number; CNN "suggested on-air that Twitter banned Veritas for 'promoting misinformation.'"
During Trump's Second Term, the Supreme Court's Critics Will Be Grateful for Its Restraining Influence
The justices, including Trump's nominees, have shown they are willing to defy his will when they think the law requires it.
Trump Has Many Grudges. Now He Has a Chance To Act on Them.
In his second term, the former and future president will have more freedom to follow his worst instincts.
Abolish the FCC's Equal Time Rule Before the Next Election
The decades-old regulation imposes burdens that no other media outlets are subject to.
A Bad Election for Sex and for Tech
No matter who wins, we can expect bad policies surrounding sex and especially surrounding technology.
Trump's Legal Complaints Against 2 News Outlets Reflect His Disregard for Freedom of the Press
The Republican presidential candidate argues that CBS and The Washington Post broke the law by covering the election in ways he did not like.
Citizen Journalism Is Under Attack. This Texas Woman Is Fighting to Save It.
After being arrested for doing journalism, Priscilla Villarreal has taken her fight to the courts.
Free Speech Unmuted: Protests, Public Pressure Campaigns, Tort Law, and the First Amendment
The latest podcast episode from Prof. Jane Bambauer (Florida) and me.
Are Punitive Damages Available in Publishers' Lawsuit Over Harassment Campaign by eBay Employees?
Fort the answer—or rather, answers—a court has to resolve a choice of law question.
Journal of Free Speech Law: "Should We Trust the Censor?," by Keith E. Whittington
A new article from the Daedalus (Journal of the American Academy of Arts and Sciences) Future of Free Speech Symposium.
Journal of Free Speech Law: My "The Future of Government Pressure on Social Media Platforms"
A new article from the Daedalus (Journal of the American Academy of Arts and Sciences) Future of Free Speech Symposium.
On Punishing Speech vs. Punishing Conduct
A university president provides a helpful explanation of the difference.
Musa al-Gharbi: How Woke Elites Became Out of Touch
The Stony Brook sociologist discusses how progressives are having a hard time processing why more and more black and Latino voters are supporting Donald Trump.
'Let Parents Decide' What Kids Can Do Online, Argue Tech Groups in New Lawsuit
The groups are challenging a Florida law that bans some teens from social media.
How the Feds Destroyed Backpage.com and Its Founders
By prosecuting the website's founders, the government chilled free speech online and ruined lives.
Book Review (by Prof. Jacob Mchangama): "Fearless Speech" Doesn't Take First Amendment History Seriously
A review of Prof. Mary Anne Franks' new book, Fearless Speech: Breaking Free from the First Amendment (plus a response by Prof. Franks to Prof. Mchangama's Tweeted criticisms, and a reply by Prof. Mchangama).
Journal of Free Speech Law: "The Free Speech Clause as a Deregulatory Tool," by Alexander Tsesis
A new article from the Daedalus (Journal of the American Academy of Arts and Sciences) Future of Free Speech Symposium.
Texas Public University Restrictions on Anti-Israel Speech Likely Violate First Amendment
So holds a federal court (correctly, I think), considering restrictions that were prompted by Texas Governor Abbott's General Order GA-44.
What the Past Can Teach Us About Our AI Fears
Regulating AI could threaten free speech, just as earlier proposed regulations of other media once did.
Journal of Free Speech Law: "The First Amendment Meets the Virtual Public Square," by Allison Stanger
A new article from the Daedalus (Journal of the American Academy of Arts and Sciences) Future of Free Speech Symposium.
Trump Thinks News Outlets Should Lose Their Broadcast Licenses, Even When They Have None
Despite his cluelessness, the former president's inclination to punish constitutionally protected speech reflects his authoritarian disregard for civil liberties.
