Journal of Free Speech Law: "Empowering Speech by Moderating It," by Danielle Keats Citron & Jonathan Penney
A new article from the Daedalus (Journal of the American Academy of Arts and Sciences) Future of Free Speech Symposium.
Civil Liberties
Chinese Hackers Used U.S. Government-Mandated Wiretap Systems
A backdoor for anybody is a backdoor for everybody.
Can Differences in 'Misinformation' Sharing Explain Political Disparities in Social Media Suspensions?
A new study finds that conservatives are especially likely to share information from sources that a "politically balanced" sample of Republicans and Democrats deemed untrustworthy.
Journal of Free Speech Law: "Is John Stuart Mill's On Liberty Obsolete?," by Vince Blasi
A new article from the Daedalus (Journal of the American Academy of Arts and Sciences) Future of Free Speech Symposium.
If You See the Trump Biopic Before Election Day, Thank Citizens United
At its core, the oft-denigrated decision revolved around whether the government can censor information leading up to an election.
The ACLU of South Carolina is Suing To Publish Interviews With a Death Row Inmate
South Carolina bans all media interviews with incarcerated people, a policy the state's ACLU chapter says is the most restrictive in the country and infringes on its First Amendment rights.
Kamala Harris Says She Owns a Handgun—Despite Fighting To Ban Others From Doing the Same
Journalists should be interested in interrogating this contradiction, should the 2024 presidential candidate continue giving interviews.
School Board Restrictions on "Abusive," "Personally Directed," and "Obscene" Public Comments Violated the First Amendment …
at least as those terms had been interpreted by the school board, holds the Eleventh Circuit.
Florida Threatens Local TV Station With Prosecution Over 'Dangerous' Pro-Choice Ad
The Florida Department of Health sent a cease and desist order to a Florida news station after it aired an ad claiming that women with cancer would be unable to obtain abortions in the state.
Watch Now: Classified: The War on Backpage.com
Reason's new documentary is now streaming on the video platform CiVL. I hope you'll watch.
Journal of Free Speech Law: "Opening Dialogue" (The Future of Free Speech Symposium) by Lee C. Bollinger & Geoffrey R. Stone
The introduction to a symposium reprinted from Daedalus, the Journal of the American Academy of Arts and Sciences.
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.
Most Justices Seem Inclined To Uphold the ATF's New Restrictions on Homemade Firearms
The Supreme Court is considering whether a rule targeting "ghost guns" exceeds the agency's statutory authority.
Young Kansas City Chiefs Fan's (and Family's) Defamation Lawsuit Against Deadspin Based on Blackface Allegations Can Go Forward
To support the Chiefs, the young fan "wore Native American headdress, painted his face black and red, and donned a Chiefs jersey"; Deadspin said this was "black face" and showed "hate" towards "Black people and the Native Americans."
Sixth Circuit Allows Enforcement of Ohio Law Barring Foreign Expenditures on Ballot Initiatives
A divided circuit panel stays the district court's injunction against enforcing Ohio's law.
Compendium of Writings on the October 7 War and Western Reactions to it
Over the last year, I have written a number of pieces on the war, and Western reactions to it, such as campus anti-Israel protest movements.
Reason's New Documentary on Backpage.com Is Streaming Exclusively on CiVL
The film ties together years of reporting on a legal saga with broad implications for both free speech and sex work.
Oklahoma's Push for Bibles in Schools Comes With a Trump-Sized Price Tag
Ryan Walters' strict stipulations make it clear he’s steering Oklahoma schools to purchase Donald Trump’s Bibles at a hefty cost.
Hillary Clinton Wants To Repeal Section 230
Her comments are a reminder that this free-speech protection is far from safe.
October 7 Offered a Stark Choice Between Good and Evil
When civilians are the targets, terrorists’ grievances don’t matter; it’s time to hunt the perpetrators.
Review: Bullet Vending Machines Debut in U.S. Grocery Stores
The company claims its machines are more effective than store shelves at preventing shoplifters or underage purchases.
Nashville Attorney Sues Federal Judges Over Gag Order Barring Him From Talking About a Notorious Prison
Daniel Horwitz often represents people illegally silenced by the government. This time he says a court violated his First Amendment rights when it gagged him from publicly speaking about a troubled state prison.
Unethical for Lawyers to Tell Clients Their Judges May Be Biased Based on Race, Sex, Etc.?
"The judge soon learned that, in a recorded conversation between defense counsel and the defendant, the attorney had referred to the age, race, political affiliation, and gender of the court's judges, and suggested that the court 'should look a little bit more like the people that are in front of them.' The attorney also suggested that the defendant would not receive a fair trial from the court's judges, who are a different race and gender from the defendant. Finally, the attorney used a pejorative term, drawing on racial and gender stereotypes, to refer to the complainant."
Judge Stops California Law Targeting Election Misinformation
A federal judge ruled that the law was overbroad and violated 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).
Judge Blocks California Law Restricting "Materially Deceptive" Election-Related Deepfakes
The judge concluded that the law, AB 2839, likely violates the First Amendment, and therefore issued a preliminary injunction blocking it from going into effect.
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
Minnesota 'Acting as a Ministry of Truth' With Anti-Deep Fake Law, Says Lawsuit
The broad ban on AI-generated political content is clearly an affront to the First Amendment.
Billy Binion: Civil Liberties Don't Just Belong to the Rich
Reason reporter Billy Binion discusses his coverage of outrageous cases around civil liberties, criminal justice, and government accountability, and the unusual path that led him to journalism.
"[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.
Governments Are Still Stealing People's Home Equity Over Modest Tax Debts
A handful of states use loopholes to get around a Supreme Court ruling that declared the practice unconstitutional.
5 Years in Prison for "Concealing Material Support to Hamas"
The defendant had also posted (in 2019), "I'm gonna go to the [expletive] pro-Israel march and I'm going to shoot everybody" and other such statements.
Alabama Pastor Can Sue the Cops Who Arrested Him For Refusing To Show His ID
A federal judge rejected the officers' claims of qualified immunity.
MSNBC Pundit's Tweet Accusing Lawyer of "Coach[ing a Witness] to Lie" Is a Potentially Defamatory Factual Assertion, Not an Opinion
Plaintiff (Stefan Passantino, Cassidy Hutchinson's former lawyer) may thus eventually prevail, if the claim is shown to be false, and if the defendant is shown to have spoken with "actual malice" (if plaintiff is a public figure) or negligently (if plaintiff is a private figure).
Waiving the Filibuster to Pass a National Abortion Bill Is a Bad Idea
Democrats will live to regret doing this if they have the votes to do it.
Criminal Conviction Based on "Only Women Can Be Mothers" and "'Transing' Kids Is Abuse and Homophobia" Signs, …
displayed on defendant's car and on her fence facing neighbors who have a transgender child; an appellate court reverses the conviction on procedural grounds, without resolving the First Amendment issue.
A Prosecutor Allegedly Told a Witness To Destroy Evidence. He Can't Be Sued for It.
Absolute immunity protects prosecutors even when they commit serious misconduct on the job.
UNM Policy Used to Charge High Security Fees for Riley Gaines Talk Struck Down
The case was brought by Turning Point USA over the University of New Mexico's decision to charge over $5K (originally planned to be over $10K).
Citizen Journalist Barred From Press Conference Can Sue Texas Sheriff for Violating His Rights, Judge Rules
The decision is a reminder that independent reporters are still protected by the same First Amendment as journalists in legacy media.
University of Maryland Sued for Canceling Student 'Expressive Activity' on October 7
The university caved to pressure to target pro-Palestine events.
