Don't Jail Trump for the January 6 Riot
Though morally responsible for the attack on the Capitol and unfit for office, he’s protected by the First Amendment from legal liability.
First Amendment
Yet Another Court Affirms the First Amendment Right To Record Police
The Supreme Court still refuses to weigh in on the issue.
When 'Pro-Life' Becomes 'Pro-Censorship'
Antiabortion activists are the new Anthony Comstocks.
New Arizona Law Will Make it Illegal to Film Within 8 Feet of Police
Civil liberties groups oppose the law, saying it will impede First Amendment–protected activity and protect bad cops.
How Would You Change the Constitution?
I asked scholars, podcasters, and passersby how they'd change the nation's founding charter. Here's what they told me.
Brian Doherty: From MAD Magazine to Maus
A new history, Dirty Pictures, explores how underground comix revolutionized art and exploded censorship once and for all.
George Washington University Officials Defend Clarence Thomas' Free Expression Rights
The university's own students are often not so lucky.
How the Conservative Supreme Court Is Changing America
Leading libertarian legal scholar Randy Barnett talks about abortion, gun rights, and worrying trends at the highest court in the land.
Here's What Abortion Laws in a Post-Roe World Might Look Like
A pro-life group's model legislation hints at how extreme enforcing abortion bans could get.
The Dirty Pictures That Revolutionized Art
Brian Doherty's history of underground comix chronicles how Robert Crumb, Art Spiegelman, and others challenged censorship and increased free speech.
Did Cassidy Hutchinson's Testimony Clinch the Incitement Case Against Trump?
The former president's recklessness is beyond dispute, but that is not enough to convict him while respecting the First Amendment.
Supreme Court Says High School Coach's Postgame Prayers Are Protected Free Speech
A 6–3 majority sees it as noncoercive and not a violation of the Establishment Clause.
New Complaint Challenges Limits to Corporate Speech Enacted by Florida's 'Stop WOKE Act'
Three Florida companies are suing in federal court for the right to discuss diversity and inclusion concepts in workplace trainings.
As the ACLU Recedes From Its Core Mission, FIRE Expands To Fill the Void
The Foundation for Individual Rights and Expression (FIRE) is defending expression on campus and off as the ACLU becomes a progressive advocacy group.
Boycotts Aren't Protected Speech, Rules Appeals Court
Plus: Employers sue over Florida's Stop WOKE Act, how inflation erodes financial privacy, and more...
Abortion Bans Bring First Amendment Battles, Too
Looking back at how abortion advertising bans played out last century may give us some idea what the future holds for speech about abortion.
Julian Assange's Case Is a Frightening Omen for Press Freedom
World journalists have been quicker than Americans to see danger in prosecuting the Wikileaks founder.
My NBC News Article on Today's Supreme Court Ruling Barring Discrimination Against Religious Schools in Maine School Choice Program
The decision is an important victory for both the principle of nondiscrimination and parents and students seeking better educational opportunities.
Supreme Court Makes It Effectively Impossible To Sue Federal Cops, Smashing a 51-Year-Old Precedent
A federal badge will now serve as an impenetrable shield against civil liability.
Senators Want To Control Google Search Results About Abortion
Plus: Uvalde cops didn't check classroom door, Texas GOP slides further to the right, telemedicine deregulation in peril, and more...
University of Houston Rolls Back Unconstitutional Anti-Harassment Policy
Students sued to protect their First and 14th Amendment rights.
U.K. Approves Extradition of Julian Assange to the U.S.
The WikiLeaks founder faces espionage charges for publishing classified U.S. information, a prosecution with serious implications for all our First Amendment protections.
Florida Officials Use a Victim's Rights Law To Stop a Newspaper from Printing Deputies' Names
They shot and killed a man they were trying to evict. Doesn’t the public have the right to know who they are?
He Was Targeted by Police for His Political Speech. Now, He's Suing.
William Fambrough supported the "wrong" mayoral candidate, so East Cleveland law enforcement destroyed his van and hit him with petty prosecutions.
Greg Lukianoff: Saving the 'Culture of Free Speech'
The longtime head of the Foundation for Individual Rights in Education announces a new name and expanded mission for FIRE.
Judge Can't Add 6 Years to a Prison Sentence Because the Defendant Called Him Names, Says Court
Plus: Coverage of Section 230 is overwhelmingly negative, Arizona cops who watched a man drown have been placed on leave, and more...
Ilya Shapiro Resigns From Georgetown University Law School
"Further analysis shows that you’ve made it impossible for me to fulfill the duties of my appointed post," writes Shapiro.
Gay Weddings Return to The Supreme Court
Can a web designer be compelled under the First Amendment to host wedding pictures?
ACLU Would Like You To Ignore Partisan Activism, Mission Drift
National Legal Director David Cole insists that the critics are wrong, but he fails to contend with much of the substance of their critiques.
Texas Can't Start Enforcing Social Media Law, Says SCOTUS
Plus: Who's bringing fentanyl across the border? Will Austin become a sanctuary city for abortion? And more...
The DOJ Says a Man Whose Record Was Expunged Still Must Register As a Sex Offender, Which Is Impossible
A federal lawsuit argues that the department's regulations violate due process, the separation of powers, and the First Amendment.
Faisal Saeed Al Mutar, Melissa Chen: Bringing Enlightenment Values to the Middle East
The co-founders of Ideas Beyond Borders talk about bringing Steven Pinker and John Stuart Mill to an audience dying for them.
Is It Too Much To Ask That Politicians Know What They're Talking About?
The answer to “Why should these people go to prison?” should not be ill-informed gibberish.
He Heckled a District Attorney on TV. Now He Faces 10 Years Behind Bars.
On Wednesday, a Massachusetts judge will decide whether Joao DePina will face the possibility of a decade behind bars for publicly criticizing a district attorney.
Federal Judges Block Parts of Florida Law That Force Social Media To Carry Political Messages
A new ruling says Twitter and Facebook are not “common carriers" and thus cannot be forced to carry politicians' messages.
He Was Arrested for Criticizing the Cops. A Federal Court Says He Can Sue.
Jerry Rogers Jr. complained that police hadn't solved a murder yet—and found himself in a jail cell.
San Francisco Archbishop Bars Nancy Pelosi From Communion Over Abortion Stance
This has nothing to do with the separation of church and state.
Republicans Defend Texas Social Media Law—and Compelled Speech
Plus: Twitter defends user anonymity, Oklahoma legislature approves abortion ban, and more...
New York's Governor Wants to 'Silence' Constitutionally Protected Speech
In response to the Buffalo massacre, Gov. Kathy Hochul invoked a hoary analogy to justify censorship.
The First Amendment Protects the Right To Put a Tiny Penis on a Beer Label
A federal judge ruled Monday that North Carolina bureaucrats violated the Constitution when they tried to ban a Flying Dog beer over a possible penis on the label.
New York Gov. Kathy Hochul Blames the Buffalo Shooting on Social Media
"It's all induced by the internet," she said.
Yet Another Study Blames Food Companies for Parental Choices
Food companies don't determine what parents put in their shopping carts.
Maine's Ban on 'DEEZNTZ' Might Be Unconstitutional
The state's new rules on vulgar vanity plates could amount to unconstitutional viewpoint discrimination.
The Satanic Temple: If Christians Can Raise Flag at Boston City Hall, We Can Raise Ours Too
Plus: The push to abolish the Senate, Feds hike interest rates by 0.5 percent, and more...
The Biden Administration Sees Free Speech As a Public Menace
The alarm aroused by the Disinformation Governance Board is understandable given the administration’s broader assault on messages it considers dangerous.
Cops Who Arrested Man Over Fake Facebook Page Get Qualified Immunity
Anthony Novak's arrest and subsequent lawsuit set up a debate around overcriminalization and free speech.
Why Did Pandemic Authorities Treat Tattoo Shops Like Titty Bars?
"Government restrictions came in, which literally shut us down," says Paul Smith, who co-owns Red Stag Tattoo in Austin, Texas.
