How the Feds Destroyed Backpage.com and Its Founders
By prosecuting the website's founders, the government chilled free speech online and ruined lives.
Civil Liberties
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.
Are Books and Brains Weapons? The U.S. Government Thinks So.
Sending user manuals, algorithms, and lines of code can be legally equivalent to exporting bombs.
Recent Political Candidate Is Public Figure for Libel Law Purposes
The allegedly libelous claims about the candidate were made three months after he lost the election; a Magistrate Judge had held the candidate was no longer a public figure, but the District Court disagreed.
Judge Throws Out Charges Against Arizona Mom Arrested for Criticizing Officials at a City Council Meeting
Rebekah Massie's removal and arrest from a city council meeting was "objectively outrageous," the judge ruled.
Massive Campaign of Online Insults Can Lead to Intentional Infliction of Emotional Distress Liability
The court also concluded defendant had libeled plaintiff, but the court held that even the nonlibelous expressions of opinion could lead to emotional distress liability. The total verdict of $6.8M.
New Zealand Government Punishes Gun Owners for Their Political Beliefs
The police targeted “sovereign citizens” for surveillance and disarmament.
A Missouri Cop Stole a Woman's Nude Photos During a Traffic Stop, Lawsuit Claims
Former cop Julian Alcala allegedly stole a woman's nude pictures after he took her phone during a traffic stop.
"We Have the Zyklon B. Use Code 'GASTHEJEWS' for 10% Off!" Postcard Sent to Rabbi …
may be constitutionally unprotected threat.
Montana's Porn Age Verification Law Is Headed to Court
"Invoking the innocence of children is not...a magic incantation sufficient for legislatures to run roughshod over the First Amendment rights of adults."
Faisal Saeed Al Mutar: Peace In The Middle East Through Capitalism
The co-founder of Ideas Beyond Borders argues that there is "no better independence than economic independence."
One-Third of Expensive Border Surveillance Towers Don't Work
Decades of border surveillance programs have spent billions of dollars but achieved little.
No Pseudonymity for Israeli Suing Intel Over Layoff Allegedly Prompted by Complaints Over Boss's Allegedly Pro-Hamas Statements
"Plaintiff's allegations are emotionally and politically charged, and ... Plaintiff is a member of certain groups subject to discrimination. That, however, is true of a plethora of cases in the federal courts and has generally not been understood to authorize anonymous pleading."
The Religious Vote Is Waning—And That Could Spell Trouble for Trump
As millions of Christians plan to sit out the election, church leaders face tough choices about how to inspire their congregations without violating the law.
Fifth Circuit Stays Broad Discovery Regarding Media Matters Donors in X v. Media Matters
The court concludes that X's requested discovery is broader than necessary, though it leaves open the door to some considerably narrower discovery.
Supreme Court Refuses to Hear "Passive Park" Public Use Property Rights Case
While I am eager for the Court to take another public use case, I am actually happy the justices chose to reject this one. Its unusual facts made it a poor vehicle for revisiting Kelo v. City of New London.
This Activist Uses the FCC To Shoehorn Gruesome Anti-Abortion Ads Onto the Air
How the equal time rule is helping him hijack the airwaves.
Journal of Free Speech Law: "The Connected City of Ideas," by Robert Mark Simpson
A new article from the Daedalus (Journal of the American Academy of Arts and Sciences) Future of Free Speech Symposium.
Local Governments Are Seizing and Selling Homes Over Small Tax Debts
Home equity theft happens when governments auction off seized houses and keep the profits—even once the tax bill is paid.
Journal of Free Speech Law: "Academic Freedom & the Politics of the University," by Joan Wallach Scott
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: "The Unfortunate Consequences of a Misguided Free Speech Principle," by Robert Post
A new article from the Daedalus (Journal of the American Academy of Arts and Sciences) Future of Free Speech Symposium.
'It's the First Amendment, Stupid': Federal Judge Slams Florida for Threatening TV Stations
The state has been demanding that TV stations remove political ads in support of a reproductive freedom amendment on the ballot this year.
Court Order Requiring Removal of Reddit Criticism of Scientist/Consultant Vacated
Sarrita Adams, who was a prominent public critic of the English Lucy Letby murder trial, got that order almost four months ago.
Court Ordered Ex-Wife to Stop Publicly Disclosing Her Ex-Husband's Alleged Past Misdeed
But the Arizona Court of Appeals just reversed, concluding that speech about a person generally isn't "harassment," even if unwanted speech directed to the person may be.
Court Holds the First Amendment Bars Florida from Threatening Media with Criminal Punishment for Spreading Supposed Health-Related Disinformation
The ACLU’s wise decision to defend the NRA in NRA v. Vullo bears fruit.
British Man Convicted of Criminal Charges for Praying Silently Near Abortion Clinic
British law allows local governments to enact absurdly censorious orders limiting "anti-social" behavior.
Journal of Free Speech Law: "Thinking the Unthinkable about the First Amendment," by Nicholas Lemann
A new article from the Daedalus (Journal of the American Academy of Arts and Sciences) Future of Free Speech Symposium.
These Texas Inmates Wrote a Book. Then the Prison System Banned It.
The government will prevent prisoners from getting TEXAS LETTERS, an anthology about experiences with solitary confinement.
Free Speech Unmuted: Misinformation: Past, Present, and Future
Jane and I discuss calls to restrict misinformation, from the Sedition Act of 1798 to Hurricane Helene.
No, Trump Did Not Endorse a Military Assault on People 'Simply Because They Oppose His Candidacy'
The former president's authoritarian tendencies are alarming enough without inventing new outrages.
Mark Robinson Files Frivolous Lawsuit Against CNN and a Local Musician
Due to North Carolina's lack of an anti-SLAPP law, the defendants will have to defend themselves in court.
Venezuela's Post-Election Crackdown Was Filled With Human Rights Abuses
The U.N. has documented killings, forced disappearances, and torture.
Journal of Free Speech Law: "Free Speech on the Internet: The Crisis of Epistemic Authority," by Brian Leiter
A new article from the Daedalus (Journal of the American Academy of Arts and Sciences) Future of Free Speech Symposium.
Phoenix Police Pummel a Deaf Man, Months After the Justice Department Found Widespread Civil Rights Violations
Tyron McAlpin's lawyers say he couldn't hear the commands of the officers when they jumped out of a police cruiser and immediately attacked him.
