Tennessee Republicans Call on University Presidents To Punish Student-Athletes for Kneeling
These demands obviously violate the First Amendment.
First Amendment
Lawmakers to Cable Providers: Why Are You Letting News Channels Say These Things?
This misguided effort to combat "misinformation" is a brazen assault on free speech.
Americans' Lust To 'Cancel' One Another Should Spark Soul Searching
It's the result of our overly politicized culture where many people like to shame and destroy their enemies, but it is undermining the benefits of free and open dialogue.
FBI Arrests Activist Daniel Baker Over Posts About Police Abuse and Self Defense
Plus: The aftermath of the New York Times' anti-Pornhub crusade, and more...
Trump's Impeachment Lawyers Try To Deconstruct the Link Between What He Said and What His Followers Did
No amount of parsing can obscure his responsibility for the deadly attack on the Capitol.
Trump's Dubious First Amendment Defense Against Impeachment
He is on firmer ground in arguing that the Senate does not have the authority to try a former president, although that issue is highly contested.
Civil Liberties Groups Plead With Biden To Stop Persecuting Julian Assange
Plus: Oklahoma cosmetologists fight insane licensing requirement, Australia doesn't understand how search engines work, and more...
My Washington Post Op Ed on Impeachment and the First Amendment
The op ed, published today, explains why the First Amendment doesn't protect Trump against impeachment and conviction for his role in the attack on the Capitol.
SCOTUS Blocks California's COVID-19 Ban on Indoor Religious Services
Chief Justice John Roberts says the policy reflects "insufficient appreciation or consideration of the interests at stake."
Florida Gov. Ron DeSantis Wants $100,000 Fines for Social Media Companies That Deplatform Politicians
It’s a terrible idea that violates Section 230, but is it actually unconstitutional? Don’t be so sure.
Trump's Lawyers Say He Can't Be Impeached for Trying to Subvert the Election Because He Was Just Expressing an Opinion
They also argue that the Senate has no authority to try a former president.
'See Something, Say Something Online Act' Punishes Big Tech for Not Snitching
Plus: Oregon decriminalizes hard drugs, Kroger closes stores over hazard pay rule, and more...
Treating Lin Wood's Wild Conspiracy Theories As a Psychiatric Symptom Invites Him to Play Free Speech Martyr
The State Bar of Georgia is demanding that the pro-Trump lawyer undergo a mental health evaluation.
Americans Abandoning Free Speech Better Brace for the Consequences
Government will happily suppress misinformation in favor of misinformation of its own.
Tennessee Cops Arrest Man For Posting Photoshopped Picture of Men Urinating on Dead Officer's Grave
"The only people who broke the law here were the police officers and TBI agents who participated in this flagrantly unconstitutional arrest."
Goodbye, Trump. Hello, War on Domestic Terror.
Plus: Biden pushes 8-year path to citizenship, Parler is back, Josh Hawley's book finds new publisher, and more...
The Media Failed by Giving People What They Want
Whatever lies the press is telling us, they are ones that at least some of us want to hear.
Further Rejoinder on Why the First Amendment Does not Constrain Impeachment and Removal of Presidents
A further rejoinder to Josh Blackman and Seth Tillman.
Don't Let the Capitol Riot Become a 9/11-Style Excuse for Authoritarianism
Frightening events create openings for attacks on civil liberties.
Impeaching Trump for his Role in Inciting the Attack on the Capitol Doesn't Violate "Established Free Speech Rights"
A rejoinder to Josh Blackman and Seth Tillman.
Prosecuting Trump for Incitement Would Set a Dangerous Precedent
Unlike the cancellation of Josh Hawley’s book, such criminal charges pose a real threat to freedom of speech.
Did Trump Engage in 'Insurrection or Rebellion' Against the Constitution?
The impeachment article against the president cites a little-discussed section of the 14th Amendment.
The First Amendment Doesn't Protect Trump Against Impeachment for his Role in Inciting the Assault on the Capitol
High government officials don't have a First Amendment right to be protected from firing based on their political views. That applies to presidents facing impeachment no less than other officials.
Yes, Congress May Impeach and Remove President Trump for Inciting Lawless Behavior at the Capitol
A response to Joshua Blackman and Seth Tillman
Did Trump Commit a Crime When He Riled Up His Supporters Before They Rioted?
Under federal law, incitement to riot does not include "advocacy of ideas" or "expression of belief" unless it endorses violence, which Trump did not do.
The Case Against Julian Assange Is Also a Case Against a Free Press
Contrary to what the judge who blocked his extradition implied, the Espionage Act does not include an exception for "responsible" journalism.
Suppressing 'Hate Speech' on Social Media Drives Users to New Platforms
The more that big social media companies act like they can control what people say, the more competition they encourage.
Therapist Elizabeth Brokamp Fights for the Right To See Patients Virtually
"I hope my case can start removing senseless boundaries to teletherapy," said Brokamp, who is suing in federal court on First Amendment grounds.
City Investigators Call Out NYPD for Using Excessive Force Against Protesters
Police response “likely escalated tensions and the potential for violence” say investigators.
SCOTUS Declines To Let Kentucky Religious Schools Reopen Without Addressing the Constitutionality of Closing Them
The justices emphasized that K-12 schools are currently scheduled to reopen after winter break.
SCOTUS Rules That Federal Agents Can Be Sued When They Violate Your Rights
Now do qualified immunity.
New York Gov. Andrew Cuomo Bans Sale of Confederate Flags, Despite Knowing This Has First Amendment Problems
"While I fully support the spirit of this legislation, certain technical changes are necessary."
The Prosecution of Julian Assange Is an Assault on the First Amendment
Though journalists tend to despise the WikiLeaks founder, his fate could impact the future of their profession.
Damon Root: Why Frederick Douglass Loved the Constitution (and You Should Too)
The escaped slave called the Constitution "a glorious liberty document" that justified extending equality to blacks and women.
FCC Head Ajit Pai on Section 230 and Free Speech
"I am pessimistic about where this goes in the future," says the outgoing chairman, who is stepping down in January.
California Churches Stuck in Limbo After Supreme Court Decision
Plus: Congress to vote today on marijuana decriminalization, new study shows bad news for indoor diners, and more...
Ajit Pai on Net Neutrality, 5G, and Why He Wants To 'Clarify' Section 230
The outgoing FCC chairman discusses 'light-touch' regulation and the future of free speech on the internet.
Paul Krugman Thinks Holding Religious Services During the COVID-19 Pandemic Is Like 'Dumping Neurotoxins Into Public Reservoirs'
The New York Times columnist misconstrues the issues at stake in the challenge to New York's restrictions on houses of worship.
SCOTUS Blocks New York's COVID-19 Restrictions on Houses of Worship, Saying They Are Not 'Narrowly Tailored'
Gov. Andrew Cuomo described his policy as a "fear-driven response," cut by a "hatchet" rather than a "scalpel."
Offensive License Plates Are Free Speech, Court Tells California
Plus: National Labor Relations Board rules against The Federalist, France is getting less free, and more...
Eleventh Circuit Enjoins Local Ordinances Barring "Conversion Therapy"
A divided panel concludes that such ordinances run afoul of the First Amendment, creating a split with other circuits.
Federal Circuit Court Rules Bans on LGBT Conversion Therapy for Minors Unconstitutional
A court split between Florida and California may mean an eventual Supreme Court decision.
Journalism Professors Demand Iowa State University Disband the College Republicans Over Offensive Tweet
ISU initially criticized the tweet, but later affirmed the group's free speech rights and declined to punish them.
Cuomo's COVID-19 Rules Discriminate Against Religion
The case gives SCOTUS another chance to enforce constitutional limits on disease control measures.
Senators Once Again Berate Twitter and Facebook CEOs for Content Decisions They Dislike
But what one side likes, the other side hates. There's no way Twitter and Facebook can appease them both.
Jews and Catholics Ask Supreme Court To Stop NYC Religious Services Ban
Plus: DOJ argues for right to kill civilians, tech CEOs are back before Congress today, Dolly Parton helped fund COVID-19 vaccine, and more...
Justice Samuel Alito Highlights the Legal Issues Raised by 'Previously Unimaginable' COVID-19 Restrictions
When "fundamental rights are restricted" during an emergency, he says, the courts "cannot close their eyes."
