Hate Speech
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."
My New Paper on "How Speech-Based Immigration Restrictions Threaten Academic Freedom"
It is forthcoming in Academic Freedom in the Era of Trump, (Lee Bollinger and Geoffrey Stone, eds., Oxford University Press).
California Wants To Punish Social Platforms for Aiding and Abetting the First Amendment
Another entry into the "algorithms are magic" school of imposing liability on tech companies.
Defend Speech Even When Your Side Hates It
Civil liberties attorney Jenin Younes recounts her role in Murthy v. Missouri, her opposition to pandemic mandates, and why she believes Trump poses an even greater threat to free speech than Biden.
The FCC's Involvement in Canceling Jimmy Kimmel Was 'Unbelievably Dangerous,' Ted Cruz Says
Rand Paul concurs that the threats preceding the comedian's suspension were "absolutely inappropriate" because the agency has "no business weighing in on this."
Pam Bondi Is Really Wrong About Hate Speech
The attorney general is now getting called out by fellow conservatives.
Social Media Didn't Kill Charlie Kirk
Plus: Trump says he "may let [TikTok] die," the SoHo Forum debates paying for sex, the administration calls birth control "abortifacients," and more...
The Standard for 'Vicious' Speech Trump Laid Out After Kirk's Murder Would Implicate Trump Himself
Freedom of speech cannot reliably protect conservatives unless it also protects people they despise.
Safe Spaces Are Coming Back to Brown University—All Thanks to Trump
The campus' settlement with the federal government is bound to create free speech headaches.
Settlement as to Alleged Suspension for Saying "Illegal Alien" in Class Discussion
High school student gets correction of school records, $20K, and public apology for "mischaracterization of racial bias."
Anti-Israel/Anti-Zionist Speech Doesn't Violate School Board Members' Ethics Obligations, When Said in the Member's Personal Capacity as Professor
But speech sharply critical of Reps. Ilhan Omar and Rashida Tlaib, and of Sharia (and thus perhaps of traditionalist Islam) had been found, by the same commission, to be unethical.
Scott Barry Kaufman: Incels, Narcissists, and the Victim Mindset
Psychologist Scott Barry Kaufman joins Nick Gillespie to discuss toxic identity politics, the rise of grievance-based thinking, and why true self-actualization requires moving beyond victimhood.
British Attacks on Free Speech Prove the Value of the First Amendment
Speech codes intended to battle misinformation are instead empowering the government to be the arbiter of truth.
German Censorship Highlights Europe's Eroding Free Speech Protections
America stands alone in valuing and protecting free speech.
Marco Rubio Brags About Defending Freedom of Speech While Eagerly Undermining It
The secretary of state, who aims to "liberate American speech," nevertheless wants to deport U.S. residents for expressing opinions that offend him.
Survey: Free Speech Support Is Eroding in America
A new global survey reveals a stark decline in Americans' support for free speech as the Trump administration tightens its grip on expression.
More on Free Speech on Campus, Title VI, and Anti-Israel Speech
"[I]n seeking to hold Cooper Union liable for [students'] expression, [plaintiff] cannot help but say the quiet part loud: sweeping otherwise-protected political expression into the hostility analysis will create pressure on institutions 'to suppress speech to ensure compliance with Title VI,' causing 'regulated entities to adopt restrictive policies in an effort to avoid liability' for a hostile environment."
The FTC Has No Business Trying To Make Sure Social Media Are 'Fair'
Chairman Andrew Ferguson’s assault on "Big Tech censorship" aims to override editorial decisions protected by the First Amendment.
State 'Bias Response Hotlines' Encourage People To Snitch on Their Neighbors for 'Hate Speech'
By the end of 2025, as many as 100 million Americans could live in a state where they can be reported for protected expression.
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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.
