Trump Gag Order Raises Unsettled Constitutional Questions
A D.C. Circuit judge says the government’s defense of the order gives short shrift to "the First Amendment’s vigorous protection of political speech."
First Amendment
Ron DeSantis Rediscovers the First Amendment's Protections for Anonymous Speech
The Florida governor is attacking Republican primary rival Nikki Haley over her awful idea to police online speech, but the timing is awkward.
Free Speech Advocates Are Often Hypocrites. This Doesn't Make the Cause Less Important.
When people from historically privileged groups are facing censorship, that doesn't mean people in historically marginalized groups are actually being empowered.
Mississippi Makes It a Crime to Advertise Legal Medical Marijuana Businesses
Clarence Cocroft filed a lawsuit this week challenging the state's virtual ban on advertising medical marijuana businesses, arguing the law violates his First Amendment rights.
Nikki Haley's Crazy Plan to Require Verification on Social Media
The 2024 GOP candidate has proposed something blatantly unconstitutional.
Florida Walks Back Order to Shut Down College Pro-Palestinian Groups
The change came after concerns were raised about "potential personal liability for university actors who deactivate the student registered organization," according to state officials.
Football Eye Black Isn't Blackface
A student’s overzealous school spirit shouldn't ruin his life.
Inside Ron DeSantis' Crackdown on Drag Shows
"Is there any way to stop this from happening tomorrow?" Ron DeSantis' former chief of staff asked about a Christmas-themed drag show on tour in Florida.
Salman Rushdie: 'Literature Is Powerful, Writers Are Fragile'
"If we can't trust ourselves as a culture to accommodate ideas we don't like," the novelist said at the Library of Congress, "then our ideas lose their value as well, because they become authoritarian."
He Was Strip-Searched and Jailed for Criticizing Cops. Now He's Fighting Back in Court.
In an apparent case of retaliation by humiliation, Jerry Rogers Jr. was arrested for speaking out about a stalled murder investigation.
Yes, Anti-Israel Protests Are Free Speech
Peaceful pro-Palestine protests are protected by the First Amendment, even if protesters often use offensive or inflammatory rhetoric.
These Public Officials Blocked Critics on Social Media. Was That Constitutional?
The Supreme Court considers whether and when banishing irksome constituents violates the First Amendment.
This City Wants To Ban Gun Ads at the Airport
Commercial speech enjoys First Amendment protections, whether politicians like it or not.
Tennessee to Pay $125,000 to Settle Lawsuit by Man Arrested for Posting Meme Mocking Dead Cop
Joshua Garton spent nearly two weeks in jail for "manufacturing and disseminating a harassing photograph on social media." A First Amendment lawsuit quickly followed.
Greg Lukianoff and Rikki Schlott: The Canceling of the American Mind
“We've taught young people that any of their missteps or any of their heterodox opinions are grounds to tear them down. That's no way to grow up.”
Greg Lukianoff and Rikki Schlott: The Canceling of the American Mind
“We've taught young people that any of their missteps or any of their heterodox opinions are grounds to tear them down. That's no way to grow up.”
Ron DeSantis Is Violating Pro-Palestinian Students' Free Speech Rights
Florida's order to shut down National Students for Justice in Palestine is clearly unconstitutional.
The Bipartisan Urge To Control Online Speech
Democrats and Republicans are united in thinking their political agendas trump the First Amendment.
Trump, DeSantis, and Scott Want To Kick Out Foreign Students Who Protest Israel
Their proposal raises obvious free speech concerns.
How To Yell 'Fire' in a Crowded Theater
Aside from narrowly defined exceptions, false speech is protected by the First Amendment.
SCOTUS Will Decide When the Government's Social Media Meddling Violates the First Amendment
The justices agreed to consider whether the Biden administration's efforts to suppress online "misinformation" were unconstitutional.
He's Going to Prison for Twitter Trolling. That's Not Justice.
Douglass Mackey's case raised questions about free speech, overcriminalization, and a politicized criminal legal system.
New York's Online Hate Speech Law Raises Serious First Amendment Concerns
Even content creators outside of New York would feel its effects.
Defamation Lawsuit Against Afroman Filed by Ohio Cops Will Partially Proceed
A judge tossed two of the claims against Afroman, finding that "the issue appears to be the humiliation and outrage that the officers feel at having their likenesses displayed and mocked."
The Latest Trump Gag Order Is Relatively Narrow but Still Raises Constitutional Questions
A federal judge barred the former president from "publicly targeting" witnesses, prosecutors, or court personnel.
Supreme Court Will Hear This Texas Woman's Challenge to a Politically Motivated Arrest
Sylvia Gonzalez, an anti-establishment politician, spent a day in jail for allegedly concealing a petition that she organized.
Iowa Man Files Lawsuit After Being Arrested Twice for Criticizing the Police at a Public Meeting
"Ironically, the actions of the police department have only proven my point," Noah Petersen said after being handcuffed, arrested, and jailed for his speech.
California Quietly Repeals Restrictions on Doctors' COVID-19 Advice
Several federal judges had expressed skepticism about the constitutionality of penalizing physicians for departing from a government-defined "consensus."
Holding Protest Leaders Liable for Others' Violence Threatens First Amendment Rights
A lawsuit against a Black Lives Matter activist could have a chilling impact on constitutionally protected activity.
Mia Khalifa, a Victim of Cancel Culture?
Playboy fired the former porn star after she tweeted in defense of Hamas.
Idaho Man Sued For Defamation After Speaking Out Against Local Airstrip
Critics have argued the legal action is a meritless SLAPP suit.
Defenders of the Florida and Texas Social Media Laws Contradict Themselves
If Facebook et al. are pushing a "radical leftist narrative," why don’t they have a constitutional right to do that?
Supreme Court Will Consider Cases Challenging Florida and Texas Social Media Laws
The laws require major social media platforms to host content they disapprove of for substantive reasons.
On Guns, Drugs, and National Security, Dianne Feinstein Was Consistently Authoritarian
The late California senator always seemed to err on the side of more government power and less individual freedom.
Federal Judge Rules Texas Anti-Drag Law Violates the First Amendment
The judge ruled that the law was unconstitutionally overbroad, vague, and viewpoint discrimination.
Houston Police Arrested an Animal Rights Protester and Detained Him for 16 Hours, Lawsuit Says
Daraius Dubash was arrested for peacefully protesting in a public park.
Federal Judge Declines To Stop Drag Show Ban at Texas College
The judge ruled that drag performances are not inherently expressive and that schools could regulate "vulgar and lewd" conduct.
A Former Twitter Executive's Highly Selective Concern About 'Coercive Influences' on Social Media
Yoel Roth worries about government meddling in content moderation, except when Democrats target "misinformation."
Ashland Professor Allegedly Ousted for Allowing 'Too Much Investigative Journalism'
After the student paper pressed university officials for interviews, its faculty adviser got into trouble.
Federal Judge Blocks California Online Age-Checking Law as Unconstitutional
Shielding children from “harm” shouldn’t come at the expense of speech protected by the First Amendment.
Morgan Bettinger's Accuser Has a Deal With Dove. That's No Reason To Boycott.
Reason broke the story of activist Zyahna Bryant baselessly accusing a fellow student of racism. It's still wrong to cancel her.
The Things We Can't Say
As the culture war permeates American life, combatants set their sights on the ways we express ourselves.
The 5th Circuit Agrees That Federal Officials Unconstitutionally 'Coerced' or 'Encouraged' Online Censorship
The appeals court narrowed a preliminary injunction against such meddling but confirmed the threat that it poses to freedom of speech.
Former Prisoner Can Sue Officials Who Illegally Detained Him for 2 Months, 5th Circuit Says
The case is just one example of miscalculations that routinely keep Louisiana prisoners behind bars after they complete their sentences.
Two-Thirds of College Students Think Shouting Down A Public Speaker Can Be Acceptable
Even at schools with solid speech policies, many students show little tolerance for opposing political beliefs.
Jared Polis: Democrats Are 'More Pro-Freedom Than Republicans'
The Colorado governor finds common ground with many libertarians. But does he really stand for more freedom?
Police Tore Up His Protest Sign. Now They Owe Him $50,000
Police also wrongly cited him for "improper hand signal" after the man flipped them off.
SCOTUS' Ruling in Gay Wedding Website Case Was a Defeat for Compelled Speech
"The opportunity to think for ourselves and to express those thoughts freely is among our most cherished liberties," Justice Neil Gorsuch wrote in the majority opinion.
