Backpage Judge Accused of Bias Will Remain on Case
Plus: Effort to decriminalize psychedelics gains traction in California, crony capitalism at its worst, and more...
First Amendment
Justice Thomas Wonders When Supreme Court Will Have To Consider Social Media's Private Deplatforming Power
A moot case about Trump blocking tweets leads to concerns that tech companies have too much control over speech.
A Professor Pushed Back Against 'White Fragility' Training. The College Investigated Her for 9 Months.
The chaos at Lake Washington Institute of Technology is by no means an isolated occurrence.
Free Speech Under Threat from E.U. Campaign Against 'Terrorist Content'
Civil liberties advocates warn that the legislation threatens activism, journalism, and satire.
Cops Tried To Force a Man To Delete a Video of Them Beating a Suspect. They Got Qualified Immunity.
The officers knowingly violated the First Amendment, said the court. But that doesn't matter.
Senator Elizabeth Warren Channels Her Inner Trump
Threatening government action to stop "snotty tweets" is not a good look.
Government is Still the Biggest Threat to Free Speech
When Amazon won't sell your book, you can head to Barnes & Noble. When government cancels your expression, there's nowhere left to go.
Government Censorship Is the Worst Cancel Culture of All
Politicians on the right and the left are coming for your free speech.
Texas Senators Want Sports Teams To Shut Up and Play the Anthem
Texas state senators introduced a bill requiring the national anthem at all pro sports events.
The Kentucky Bill That Would Criminalize Words That Offend Cops Also Would Authorize Arrests for Distributing Water Bottles
The heavy-handed measure, a direct response to the protests provoked by the shooting of Breonna Taylor, looks like an attempt to deter constitutionally protected activity.
These Big Tech Bills Are Unconstitutional. State Lawmakers Don't Care.
Plus: Problems with the PRO Act, what libertarian feminism isn't, and more...
Iowa Reporter Acquitted After Being Arrested While Covering George Floyd Protests
The case drew national outrage from press freedom groups, who called the prosecution excessive and a threat to journalism.
These Nonprofit 'Disclosure' Requirements Are an Assault on the First Amendment
A California rule and a bill approved by the House seem designed to chill freedom of speech and freedom of association.
Twitter Sues Texas Attorney General Ken Paxton, Accusing Him of Retaliating Against the Company for Banning Donald Trump
Plus: Iowa limits early voting, a prominent sex trafficking "rescue" group relies on psychics, and more...
Biden Justice Department Sides Against Free Speech Advocates in Big First Amendment Case
The federal government weighs in on Mahanoy Area School District v. B.L..
Kentucky Bill Would Make Insulting a Cop a Crime
Courts have widely upheld the First Amendment right to hurl choice words or gestures at police.
California's Requirement That Nonprofits Disclose Donor Information Poses a Grave Threat to Freedom of Association
A broad coalition of groups is asking the Supreme Court to overturn the state's policy.
Democrats Demand Social Media Users Talking Politics Disclose Certain Foreign Connections
Plus: The era of sovereign influencers, a new experiment in universal basic income, and more...
Tennessee Republicans Call on University Presidents To Punish Student-Athletes for Kneeling
These demands obviously violate the 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.
