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.
First Amendment
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."
In Texas, Wearing the Wrong Thing to the Polls Could Land You in Jail
A new lawsuit says the state's electioneering statutes violate the First Amendment.
Judge Whose A.G. Spouse Bashes Backpage Won't Recuse Herself From Backpage Trial
Judge Susan Brnovich said no reasonable person would question her impartiality just because her husband already says they're guilty.
When Encryption Was a Crime: The 1990s Battle for Free Speech in Software
Part three in Reason's documentary series, "Cypherpunks Write Code," tells the story of the U.S. government's long battle to keep strong cryptography out of the hands of its citizens
Courts Should Check 'Majority Rule'
Democrats and Republicans agree on that point, although they disagree about what it means in practice.
Ted Cruz Threatens To Force Facebook and Twitter Heads To Testify About Hunter Biden Article
Plus: Supreme Court won't stop Pennsylvania from counting late ballots, proposed amendment would limit Court to nine justices, and more...
$465 Million Judgment Against Johnson & Johnson Threatens Freedom of Speech
A brief supporting the company's appeal argues that its discussion of pain treatment was constitutionally protected.
'Where Would the Black Lives Matter Movement Be Without the Right to Free Speech?'
Ira Glasser, former head of the ACLU, is worried that his former group is embracing identity politics over free speech.
Cops Clash with Protesters in America and Around the World
Plus: Pennsylvania restaurant wins lockdown lawsuit, Pakistan bans TikTok, and more...
Twitter Blocking a New York Post Article Was Dumb—but Not Illegal, Censorship, or Election Interference
Plus: 898,000 new jobless claims, and more...
Ira Glasser: Would Today's ACLU Defend the Speech Rights of Nazis?
The subject of the new film Mighty Ira explains why social justice warriors are wrong to attack free speech.
Defending Amy Coney Barrett, Ted Cruz Highlights the Threats That Democrats Pose to Civil Liberties
The Texas senator notes the opposing party's blind spots on freedom of speech and the right to arms.
An Overdue Rebuke to Politicians Who Think Anything Goes in a Pandemic
Two courts say COVID-19 lockdowns in Michigan and Pennsylvania were unconstitutional.
Section 230's Latest Attacker: The Justice Department
A new DOJ proposal aims to bring the internet communications law in line with Trump's personal interpretation of it.
Florida Gov. Ron DeSantis Unveils Bill To Stiffen Penalties for Protesters and Punish Towns That Cut Police Budgets
The parts that aren't constitutionally dubious are brainless culture-war fodder.
Pennsylvania Lockdown Lawsuit Victory May Cure a Plague of Pandemic Restrictions
“The Constitution sets certain lines that may not be crossed, even in an emergency.”
Trump Administration Formally Bans TikTok, WeChat Apps From Online Stores in U.S.
There’s nothing good about censoring communication platforms citizens want to use.
Attorney General Bill Barr Encourages Federal Prosecutors To Charge Violent Protesters With Sedition
The Wall Street Journal reports that Barr told prosecutors to pursue federal charges, including sedition charges, whenever possible.
New FCC Nominee Has Already Been Helping Trump Try To Censor Social Media
Plus: America's global prestige continues to drop, marijuana law enforcement is still racist, Wisconsin and Minnesota voters prefer Biden, and more...
Cuties and Its Critics Both Decry the Sexualization of Children
That point seems to have escaped many people who have not actually watched the controversial film, some of whom think it should banned.
Federal Court Rules Pennsylvania's Lockdown Order Unconstitutional
Population-wide lockdown orders are "such a dramatic inversion of the concept of liberty in a free society as to be nearly presumptively unconstitutional" wrote U.S. District Judge William Stickman IV
