Hate Speech
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Plaintiff "Spraypainted a Picture of an Ejaculating Penis and the Slur 'Fag' on the Sidewalk Leading up to the Jewish Resource Center"
Is it libelous to (1) accuse him of "antisemitism" and (2) accuse him (incorrectly) of having painted a swastika?
On Punishing Speech vs. Punishing Conduct
A university president provides a helpful explanation of the difference.
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.
Neither Harris Nor Trump Is a Friend of Free Speech
Both presidential candidates (and their running mates) seem confused about the constraints imposed by the First Amendment.
Insulting Anti-Gay Preaching at PrideFest Event May Have Been Protected by the First Amendment
(depending on whether the preacher also violated content-neutral conduct restrictions).
Yes, Tim Walz, You Can Shout 'Fire' In A Crowded Theatre
During Tuesday's debate, Tim Walz fumbled a key moment by misunderstanding the First Amendment
"[T]his Is a Matter of Law, Not of Wounded Feelings": Univ. of Maryland May Not Ban All Oct. 7 Demonstrations …
as a means of stopping an anti-Israel "vigil" organized by the UMD chapter of Students for Justice in Palestine.
1 in 3 College Students Say Violence in a Campus Protest Can Be Acceptable, Survey Finds
The survey of over 50,000 students also found that 37 percent of students said it was "sometimes" or "always" acceptable to shout down a speaker, up from 31 percent last year.
Fire Department Chaplain Fired for Blog Post About Transgender Controversies Can Go Forward With Lawsuit
The chaplain's post "discuss[ed] 'how God designed each person as male or female, and that sex is immutable'" and "stated it is unfair to allow males to compete in women's sports."
California Social Media Platform Reporting Mandate Likely Violates the First Amendment
The mandate required platforms to, among other things, report to the state "how the terms of service define and address (a) hate speech or racism; (b) extremism or radicalization; (c) disinformation or misinformation; (d) harassment; and (e) foreign political interference, as well as statistics on content that was flagged by the social media company as belonging to any of the categories."
N.Y. Community Education Council Speech Restrictions Likely Violate First Amendment
"The Community Guidelines' prohibitions of, inter alia, 'homophobia, transphobia, misogyny, ableism, racism, or any other forms of oppressive beliefs or behaviors,' 'name-calling,' and 'disrespect' are prohibitions against ideas that offend, and therefore discriminate on the basis of viewpoint in violation of the First Amendment."
More Than Half of Americans Think the First Amendment Provides Too Many Rights
"Evidently, one out of every two Americans wishes they had fewer civil liberties," said one researcher. "This is a dictator's fantasy."
It Is Illiberal To Charge Teens With Felonies for Vandalizing a Pride Crosswalk
You don't promote acceptance by locking people up for victimless crimes.
Australian Censors Back Down, Highlighting the U.S. as a Free Speech Haven
Officials suspend efforts to force X to suppress the world’s access to video of a crime.
Does the First Amendment Protect Speech on Private Property?
Yes, when the restriction is being imposed by the government.
Vox Wants Progressives To Support Free Speech for the Wrong Reasons
Eric Levitz argues that the left should take a stand against censorship—for practical rather than principled reasons.
"Not In Our Name": Tablet on the Antisemitism Awareness Act
A Jewish journal argues the problem is not the Act's definition of antisemitism, but the larger anti-speech bureaucratic edifice.
Should Free Speech Pessimists Look to Europe?
Calls from the left and right to mimic European speech laws bring the U.S. to a crossroads between robust First Amendment protections and rising regulation.
Will J.K. Rowling Do Time?
Plus: Mnuchin's TikTok folly, Trump's April Fools' joke, Andy Warhol's muse, and more...
Call to "Update Free Speech Policies" to Address Supposed Hate Speech at Public University
I'm against it, whomever it's coming from.
Free Speech Is Under Attack in the U.S., but It's on the Ropes Elsewhere
“Even open democracies have implemented restrictive measures,” finds a global report.
Lawsuit Against Society for Creative Anachronism Thrown Out Because It's Untimely
and also because private clubs generally have broad discretion in interpreting their internal rules.
October 7: A Turning Point for Free Speech?
Restricting speech about the world's most pressing problems does not make them go away, nor does it settle any disputes.
After Resisting Demands To Punish 'Hate Speech,' Penn's President Capitulated. It Did Not Save Her Job.
Liz Magill and two other university leaders provoked bipartisan outrage by defending freedom of expression on campus.
Is Support for "From the River to the Sea" Based Upon Ignorance?
Younger Americans, in particular, appear to support calls for Palestinian liberation, but do they understand what a common slogan means?
David Lat, "Against Free-Speech Hypocrisy"
"And in (partial) defense of Harvard President Claudine Gay's controversial congressional testimony."
"This Will Not End Well": FIRE on Penn President's Backtracking on Free Speech
"Conservatives like Rep. Elise Stefanik should ask themselves: Do you honestly believe this [proposed new rule against "calls for genocide"] won't be weaponized to ban an Israeli cabinet official from speaking at Penn? An Israeli Defense Force soldier?"
FIRE's Statement on the House Hearings on Anti-Semitism
"Double standards are frustrating, but we should address them by demanding free speech be protected consistently — not by expanding the calls for censorship."
Irish Prison for Edgelords and Hotheads?
Plus: Repealing tobacco bans, UN pointlessness, Substack's "Nazi problem," and more…
Greg Lukianoff and Rikki Schlott: The Canceling of the American Mind
“We've taught young people that any of their missteps or any of their heterodox opinions are grounds to tear them down. That's no way to grow up.”
Greg Lukianoff and Rikki Schlott: The Canceling of the American Mind
“We've taught young people that any of their missteps or any of their heterodox opinions are grounds to tear them down. That's no way to grow up.”