First Amendment
5 Infuriating Ways People Got the First Amendment Wrong in 2022
As free speech becomes an increasingly important part of the culture war, people won't stop misinterpreting—and outright violating—the First Amendment.
Don't Count on Criminal Prosecution To Hold Trump Accountable for His Egregious Post-Election Behavior
The final report from the January 6 select committee falls short of proving the elements required to convict the former president.
The Hidden Subtitle of the NDAA That Will Ban Basic Facts About Judges Online
No judge should have to fear for their lives as they defend the rule of law. But that doesn’t mean they can infringe on other civil liberties to protect their information.
Judge Agrees Consumers Can Sue Over Misleading Movie Trailers
The weird judge-invented "commercial speech" exception to our right to free expression breeds strange results in suit against distributors of the 2019 movie Yesterday.
The War on Christmas Comes for the Drag Queens
Some conservatives toss “parents’ rights” out the window in a holiday culture war against kids at live shows.
Sen. Mike Lee Wants To Ban Porn by Redefining 'Obscene'
The IODA aims to edit the legal defintion of "obscenity" to allow for the regulation of most pornography. But even if it passes, a nationwide porn ban is unlikely to succeed.
Can Professors be Sanctioned for Political Flyers?
District court's opinion in Gruber v. Bruce shows problem with how Pickering balancing is done
Twitter Files: The FBI Frequently Flagged Joke Tweets, Asked for Moderation
Maybe the FBI has something better to do with its time?
Phoenix and the NFL Are Censoring Small Business Owners' Signs
Property owners are required to get permission from the city, the NFL, and/or the private Arizona Super Bowl Host Committee before displaying temporary advertisements and signs.
Elon Musk Kicks Tech Journalists, Mastodon Off Twitter
Plus: Sen. Mike Lee wants to remove First Amendment protections for porn, IRS doxxes taxpayers, and more...
Sifting Through the Twitter Files: Live With Nick Gillespie and Zach Weissmueller
Join Reason on YouTube and Facebook at 1 p.m. Eastern for a live analysis of the internal Twitter documents recently published by Matt Taibbi, Bari Weiss, and Michael Shellenberger.
Elon Musk Should Take a Clear Stand Against Censorship by Proxy
The most disturbing aspect of the “Twitter Files” is the platform’s cozy relationship with federal officials who demanded suppression of speech they considered dangerous.
Merchants of Death, Swaps, and Shake-ups
Plus: The editors briefly celebrate a noteworthy shake-up in the Senate.
California City Pays $300,000 to Marine Veteran Tackled for Filming a Cop From His Porch
The city of Vallejo, California, has paid millions in recent years to settle excessive force lawsuits against its heavy-handed police force.
Twitter Files: FBI, DHS Reported Tweets for Election Misinformation
Content moderators had "weekly confabs" with law enforcement officials, reports Matt Taibbi.
Adam Schiff Attempts Censorship by Proxy, 'Demanding Action' To Suppress 'Hate Speech' on Twitter
Instead of debating whether the platform has been flooded by bigotry, Elon Musk should tell the congressman to mind his own business.
Colorado's Anti-Discrimination Law Forces Artists To Echo the State's Message
A website designer asks SCOTUS to let her eschew work that contradicts her opposition to gay marriage.
What Twitter's Suppression of the Hunter Biden Laptop Story Tells Us About the Media
Plus: The editors consider a listener question on the involuntary hospitalization of the mentally ill.
New York Forces Websites To Monitor 'Hateful' Speech. A New Lawsuit Says This Violates the First Amendment.
"The state of New York can't turn bloggers into Big Brother, but it's trying to do just that," said FIRE attorney Daniel Ortner.
Supreme Court Debates Whether Web Designers Can Be Forced To Make Gay Wedding Pages
A million hypotheticals bloom in arguments over when and where the government may compel speech.
Elon Musk and Matt Taibbi Reveal Why Twitter Censored the Hunter Biden Laptop Story
The Twitter Files are interesting but contain few true surprises. A mix of incompetence and partisanship got the site in trouble.
Kanye's Suspension Shows Musk Twitter Might Look a Lot Like…Old Twitter
Plus: Freedom's Furies, SCOTUS to take up student loan forgiveness plan, and more...
Twitter Is More Like a Traveling Circus Than a Public Square
It's a private company. Its owner can do what he chooses, even if it seems crazy.
You Can Record Video of Police in Action. But Can You Livestream That Video?
Plus: Court rejects Biden plea on student loan plan, Ohio cops don't understand the First Amendment, and more...
Twitter Quits the Biden Administration's Ham-Handed Crusade Against COVID-19 'Misinformation'
Elon Musk's rescission of the platform's prior policy, which forbade dissent from official guidance, is consistent with his promise of lighter moderation.
'Real' Journalists Recognize That Prosecuting Julian Assange Poses a Grave Threat to Freedom of the Press
The Justice Department’s discretion is the only thing that protects them from a similar fate.
Major Media Outlets Condemn Continued Prosecution of Julian Assange
The open letter warns the indictment “threatens to undermine America’s First Amendment and the freedom of the press.”
Abortion Rights Advocates Ask DOJ To Defend Section 230
While "the 26 words that created the internet" have been under fire from both sides, two groups argue that the 1996 law is essential to the future of abortion rights.
Two Federal Judges Say New York's Presumptive Prohibition of Guns on Private Property Is Unconstitutional
The state's ban applies unless the property owner posts a sign allowing firearms or otherwise gives "express consent."
California's COVID-19 'Misinformation' Law Chills Constitutionally Protected Speech
The state is threatening to punish doctors whose advice deviates from the "scientific consensus."
No, You Don't Have a First Amendment Right To Get Your Speech Aired on Cable News
On Tuesday night, Trump spokesperson Liz Harrington made the baffling claim that, if mainstream news channels failed to air the former president's campaign announcement in full, it would mean that "we do not have the First Amendment."
A Federal Court Blocks Florida's Stop WOKE Act. Again.
On Thursday, a federal court granted a preliminary injunction against the portion of the law applying to higher education, with one judge describing the law as "positively dystopian."
The ACLU Says California's Ban on COVID-19 'Misinformation' From Doctors Is Gratuitous and Unconstitutional
Two chapters of the organization say the law violates the First Amendment.
A Michigan Mayor Tried To Stop Constituents From Criticizing Her. Now, They're Suing.
Monique Owens shouted over critical speakers at a September city council meeting, claiming it was her "First Amendment right."
Elon Musk Owns Twitter, So the Rules Are Going To Be Whatever He Wants
If the bird site's new owner wants to protect free speech, he should focus on resisting government requests to remove content.
Lawsuits Keep Rolling Back Unconstitutional Vegan 'Meat' Bans
No one is confused about whether Tofurky is turkey.
This Professor Was Fired for Her Political Speech. Now, She's Getting Her Job Back.
Collin College fired Suzanne Jones in 2021, after she voiced support for union activity and the removal of Confederate monuments.
This Court Case Could Make It a Crime To Be a Journalist in Texas
Priscilla Villarreal found herself in a jail cell for publishing two routine stories. A federal court still can't decide what to do about that.
Section 230 Heads to the Supreme Court
The crucial protector of internet speech might have some cracks in its armor.
Doctors Say a California Law Targeting Clinicians Who Share COVID-19 'Misinformation' Is Unconstitutional
The law authorizes regulators to discipline physicians who deviate from the "contemporary scientific consensus."
Senator Dick Durbin Doesn't Understand the First Amendment
On Tuesday, the senator erroneously claimed that "free speech does not include spreading misinformation."
United States of America Pageants Has First Amendment Right To Exclude Transgender Women, Court Says
Plus: The emptiness of Democrats' pro-democracy rhetoric, the real reason Social Security checks are getting bigger, and more...
The Babylon Bee Joins The Onion in Decrying an Ohio Law That Makes Parody a Felony
The two fake news organizations want the Supreme Court to review the case of a man who was arrested for making fun of the police.
Twitter Was Toxic Long Before Musk Took Over
Plus: Hate speech is free speech, tax gap is stable, and more...
DHS Still Policing Disinformation Despite Dissolving Disinformation Governance Board
The Department of Homeland Security and the FBI regularly report misinformation and disinformation to tech companies for potential removal.
What Can Professors Say in Public?
My new paper on the First Amendment, Pickering balancing, and extramural speech