Civil Liberties
Free Speech and the Educational Mission
Some of the hardest free speech issues arise when a university argues that restrictions are justified by its "educational mission."
QAnon "Patriot Reporter" Claims Newspaper Libeled Him by Saying He Had Admitted to "Sexual Relationship" with 15-Year-Old
But he loses: "As a result of Godlewski's guilty plea to 'inappropriate text [m]essages' and 'contact' ..., as set forth in the Affidavit of Probable Cause quoting the offending text messages admitting and memorializing a sexual relationship with a 15-year-old minor, Godlewski is collaterally estopped from denying his participation in [the] sexual relationship ...."
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.
A Georgia Teenager Killed 4 People at His High School. Why Is His Father Charged With Murder?
The case is another example of stretching criminal laws to hold parents accountable for their children's violence.
Journal of Free Speech Law: "The NIH's Genomic Data Sharing Policy and the First Amendment," by Prof. Adam Candeub
An article from the Information as Medicine symposium.
Claim That Someone Is "Racist" or "White Supremacist" Is Opinion and Thus Not Libel, Though …
claims that someone has engaged in specific conduct may be factual assertions and therefore potentially libelous.
No, Not That David Sackler; No, Not That State Law
Law students: Take that Choice of Law (often called Conflicts of Laws) course your law school offers; it can be tremendously important.
'Sometimes You Need a Strongman,' Trump Declares
The former president's attempts to put a positive spin on the term are consistent with his alarmingly authoritarian instincts.
Kamala Harris vs. Elon Musk
The Democratic nominee has favored policing online speech. Would a future Harris administration defend free expression?
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."
A Federal Judge Says Carry-Permit Holders Have a Right to Armed Self-Defense on Public Transit
The ruling concludes that the government failed to show an Illinois ban is "consistent with this Nation's historical tradition of firearm regulation."
An Arizona Mom Was Arrested for Criticizing Public Officials at a City Council Meeting. Now She's Suing.
Rebekah Massie criticized a proposed pay raise for a city attorney. When she refused to stop, citing her First Amendment rights, the mayor had her arrested.
The First Amendment Is an Arms Control Agreement
One of the functions of the First Amendment is to create a kind of arms control agreement: With respect to censorship, all sides agree to lay down their arms.
Is Free Speech Doomed in Hong Kong?
Last week’s sedition conviction is yet another step backward for press freedom.
The Soft Totalitarianism of the Political Class
Officials pursue an anti-liberty agenda through unofficial pressure and foreign regulators.
How Should the U.S. Respond to Hamas Executing Americans?
Plus: A listener asks the editors, when it is right to revolt to stop repeated miscarriages of justice?
This Texas Woman Was Jailed for Her Journalism. Is She the Future of Media?
Priscilla Villarreal, known as "Lagordiloca," is suing law enforcement for violating her First Amendment rights. She is appealing to the Supreme Court.
Campus Free Speech, 2024
For free speech on campus, Brandeis and Holmes should guide colleges and universities.
$1.85M Award in #TheyLied Lawsuit Over False Accusation of Rape
The award consisted of $1.5M compensatory damages and $350K punitives.
Massachusetts Switchblade Ban Overturned on Second Amendment Grounds
The Second Amendment doesn’t protect guns; it protects the human right to self-defense.
Private Universities That Reject First Amendment Principles Put Themselves At Legal Risk (Updated)
Conforming speech policies to the First Amendment would serve private universities well, legally and otherwise.
Confusing Use of Another Political Group's Name as "Source Identifier" May Lead to Trademark Injunction
A dissenting subgroup of the Libertarian Party of Michigan was barred from "from identifying as the Libertarian Party of Michigan in the provision of services."
More Babies!
Plus: Kamala Harris' big night, Japan ignores climate critics, Rio cops lose their minds, and more...
These Democrats Want the FEC To Crack Down on Elon Musk's Grok
Seven congressional Democrats called on the FEC to stop deepfakes. But is there really much to worry about?
State Bar's Ideological Statement May Violate First Amendment Rights of Dissenting Members, If It Purports to Speak for Lawyers Generally
"[M]uch of [the Oregon State Bar statement's] criticism of then-President Trump did not relate to the justice system at all—for instance, it criticized Trump for describing Haiti and African countries as 'shithole countries.'"
How Post-Arrest DNA Swabs Threaten Innocent People's Privacy
Most states collect DNA from felony arrestees pretrial. They should need a warrant to do so.
Federal Ban on Gun Possession by Drug Users Is Often Unconstitutional
"[O]ur history and tradition may support some limits on a presently intoxicated person's right to carry a weapon ..., but they do not support disarming a sober person based solely on past substance usage."
Eighth Circuit Wrongly Struck Down Missouri's Gun Sanctuary Law - But Also Created a Roadmap for How Such Laws Can Escape Invalidation in the Future
The court indicates the law would be constitutional so long as it does not claim to declare a federal law "invalid."
