Trump's Position in the White House Ballroom Case Reflects His General Resistance to Judicial Review
The president has repeatedly argued that courts have no business deciding whether his actions are legal.
First Amendment
DHS Says It Has 'Zero Tolerance' for Protesters' 'Verbal Assaults.' Here's What the Law Says.
Protesters continue to clash with law enforcement outside the Delaney Hall immigration detention facility, but questions remain over whether DHS policies comply with First Amendment law.
Bill Introduced in Congress To Codify the First Amendment Right To Film the Feds and Sue for Violations
Civil liberties groups say recording the police is core First Amendment activity. The Right to Record Act of 2026 would create a right to sue federal officers who violate it.
The Pentagon's New War - Canceling American Religion and American History
A guest post by Prof. Paul Finkelman.
Todd Blanche Hates 'Weaponization' of Government Unless It Benefits His Boss
Blanche is happy to pervert justice in service of the president's personal agenda. No wonder Trump wants to keep him as attorney general.
Lawsuit Says a Memphis Police Task Force Waged a Harassment Campaign Against People Who Filmed Them
The American Civil Liberties Union is asking a judge to block the Memphis Safe Task Force from retaliating against anyone who exercises their First Amendment right to record the police.
CBP Agents Violently Arrested This Chicago Woman. Now She's Seeking $10 Million in Damages.
Debbie Brockman, a U.S. citizen, was held in federal custody for seven hours and released with no charges after her arrest by immigration agents last October.
Fewer Migrants, Fewer Homeless
The rare reported fall in the nation's homeless population is mostly the result of the ebbing migrant surge of 2023 and 2024.
The FCC Wants Warning Labels for Shows With 'Transgender' Content
But free speech advocates are pushing back.
Trump Loves Accusing Critics of Treason. U.S. Law Makes That Charge Hard To Prove—for Good Reason.
The president’s habitual attempts to criminalize dissent hark back to tyrants of yore.
Rejected Search Warrant Applications Raise Further Questions About the Federal Case Against Don Lemon
After a magistrate judge said a DHS investigator had failed to establish probable cause, the government decided it did not need the YouTube and iPhone records after all.
Ken Paxton's Primary Victory Shows How Trump's Grudges Undermine His Party's Interests
The president's last-minute endorsement of Paxton was driven by his petty grievances against incumbent Sen. John Cornyn, who was clearly the safer bet to retain the seat.
The Supreme Court Protected Donor Privacy. The IRS Didn't Get the Memo.
The federal government is still fighting to collect nonprofit donor information despite Supreme Court warnings that such demands chill free speech.
Is the DHS Tracking ICE Critics? The Public Deserves Answers.
The DHS reportedly maintains a database tracking critics of the Trump administration’s immigration policies. Free speech advocates warn it could chill constitutionally protected speech.
The New York Times Sues Pentagon Over 'Retaliatory' Escort Requirement
The Pentagon instituted its new press rules in the fall, prompting a months-long legal battle over the First Amendment.
A Tennessee Man Jailed for 37 Days Because of an Anti-Trump Meme Will Get $835,000 for His Trouble
Perry County Sheriff Nick Weems preposterously claimed that Larry Bushart had threatened "mass violence" at a school.
Body Cam Video: Tulsa Police Arrest Food Not Bombs Volunteers for Feeding Homeless People
Food Not Bombs argues it has a First Amendment right to feed the needy without a permit. That's led to crackdowns and lawsuits around the country.
Filming Cops Is a First Amendment Right. The Feds Keep Harassing People for It Anyway.
Most federal appeals courts have recognized the right to record police. DHS employees nevertheless seem to view it as a crime.
Jared Polis' Controversial Commutation of Tina Peters' Prison Sentence Upholds Freedom of Speech
Colorado's governor agreed with a state appeals court that the former Mesa County clerk had been punished for her wacky beliefs about the 2020 election as well as her illegal conduct.
Judge Stops U.S. Treasury From Sanctioning Someone's Speech
The Trump administration accused Francesca Albanese of “lawfare that targets U.S. and Israeli persons.” But a court said that’s not ground to seize her property.
The Global War on Free Speech
Jacob Mchangama and Jeff Kosseff discuss the global decline of free speech, why democracies are embracing censorship, and what can be done to protect open debate.
U.K. Targets U.S. Suicide Forum With Massive Fine It'll Never Collect
British speech police try to impose their restrictions on the entire world.
Brendan Carr's 'Equal Time' Threat Against The View Is Blatantly Unconstitutional, ABC Says
The FCC chairman seems determined to impose a requirement that would amount to a ban on interviews with political candidates.
D.C. Circuit Seems Disinclined To Let Pete Hegseth Punish a Senator for His Speech
The defense secretary argues that military retirees like Sen. Mark Kelly are not allowed to say things he unilaterally deems "prejudicial to good order and discipline."
Whatever Evidence the DOJ Has Against James Comey, It Cannot Transform '86 47' Into a Death Threat
Acting Attorney General Todd Blanche implausibly claims prosecutors can prove Comey "knowingly and willfully" threatened to murder the president.
Trump's Responses to Kimmel and Comey Highlight His Contempt for Freedom of Speech
The president is not shy about using government power to punish people for saying things that offend him.
Why the Courts Will 86 the Flagrantly Unconstitutional Charges Against James Comey
The case defies more than half a century of rulings on the “true threat” exception to the First Amendment.
SCOTUS Narrows the Reach of the Voting Rights Act
Plus: The Supreme Court says “demands for a charity’s private member or donor information” raises First Amendment problems.
Unanimous Supreme Court Affirms Standing to Challenge Subpoena for Info on Financial Supporters
The Court dispatches with an easy case the lower courts should have gotten right.
Trump Administration's Review of ABC's Broadcast Licenses Looks Like 'Illegal Jawboning'
When he returned to the White House, Trump vowed to protect free speech from the government. The FCC's latest move against ABC and Disney looks like the opposite.
Civil Liberties Groups Sue for Information on ICE's Speech-Chilling Subpoenas
The feds have been demanding that tech companies identify the administration's anonymous online critics. That violates the First Amendment.
Allowing Censorship of Military Retirees Like Sen. Mark Kelly Would Set a Chilling and Dangerous Precedent
To justify punishing a legislator for his speech, a FIRE brief notes, Defense Secretary Pete Hegseth relies on a Supreme Court precedent that is clearly inapposite.
The FBI's Alleged Probe of a Reporter for 'Stalking' Breaks New Ground in Criminalizing Journalism
The bureau reportedly investigated the author of a New York Times story that made FBI Director Kash Patel look bad.
What's the Point of Telling Middle Schoolers Not To Commit Adultery?
Texas might have the right to post the Ten Commandments in public classrooms, but it shouldn't bother.
Judge Says DOJ and DHS Likely Coerced Tech Firms To Censor ICE-Tracking Platforms
The platform creators filed a lawsuit claiming their First Amendment rights were violated after the Trump administration convinced Apple and Facebook to remove their content.
The Supreme Court Ruled Against 'Informal Censorship' 6 Decades Ago but Officials Are Still Jawboning
The Court's 1963 ruling in Bantam Books v. Sullivan is freshly relevant in light of recent efforts to restrict speech through government intimidation.
Virginia's Unconstitutional Effort to Strip Property Tax Exemptions From Pro-Confederate Groups
The groups and their ideology are awful. But Virginia's policy violates the First Amendment. Allowing it to stand could set a dangerous precedent.
Pete Hegseth Wants the D.C. Circuit To Let Him Punish a Senator for Criticizing Him
The defense secretary's asserted authority to control the speech of retired military officers "would chill public participation by veterans," a brief supporting Mark Kelly warns.
Yale Admits Self-Censorship and Political Bias Are Eroding Trust in Higher Education
The Ivy League school released a self-critical report this week.
In Poisoned Ivies, Stefanik Sees Censorship as a Cure for 'Anti-Americanism'
What is a greater rejection of America's founding ideals than an overreaching government trampling the First Amendment?
When the U.S. Censored a Movie About the American Revolution and Imprisoned Its Producer
Remembering the infuriating case of United States v. “The Spirit of ’76.”
ICE Is Determined To Unmask a Reddit User Whose Only Crime Seems To Be Criticizing ICE
After withdrawing a summons in the face of a legal challenge, the government is seeking a grand jury subpoena.
Anti-Hate Poster Has No Home in Ohio Classroom, Says School District
The poster, which included a rainbow flag, counts as "instruction that includes sexuality content" and triggers an Ohio parents' rights law, the board said.
The FTC's Probe of Media Matters for America Is a Blatant Assault on Freedom of Speech
In the guise of investigating "potentially unlawful advertiser boycotts," the commission is punishing the organization for its views.
When SCOTUS Did Lasting Damage to the Bill of Rights
Plus: The Alito retirement rumors keep swirling.
A Federal Judge Dismisses Trump's Defamation Lawsuit Against The Wall Street Journal
Trump's failure to properly allege "actual malice" is consistent with his long history of filing shaky legal claims against people who say things he does not like.
