Mitchell Berman on Conditional Federal Grants and the Constitution
While there is no constitutional right to receive grants, the Constitution does bar grant conditions that undermine constitutional rights.
First Amendment
A Top Antitrust Enforcer Is Open To Prosecuting People Who Disagree With Him
Mark Meador thinks the Federal Trade Commission may have the legal right to investigate nonprofits that “advocate for the interests of giant corporations” if they don’t disclose their donors.
Supreme Court Orders Maine Legislator Censured for Social Media Post Must Get Voting Rights Back
On Monday, the court granted an emergency injunction allowing Rep. Laurel Libby to resume voting and speaking after she was censured for a post criticizing trans women in women's sports.
The FTC's Probe Into 'Potentially Illegal' Content Moderation Is a Blatant Assault on the First Amendment
In the name of "restoring freedom of speech," FTC Chairman Andrew Ferguson wants to override the editorial judgments of social media platforms.
New Article on Eugene Volokh's Amicus Briefs Regarding Compelled Speech and Antidiscrimination Law
Volokh's view gave breathing room for individuals' speech interests while leaving plenty of space for government to protect people from discrimination
Judge Rules in Favor of New Hampshire Bakery in Fight Over Donut Mural
Conway, New Hampshire's attempt to force a local bakery to take down the mural "does not withstand any level of constitutional scrutiny," a judge ruled this week.
Federal Court Scraps Rule That Gagged Tennessee Civil Rights Attorney From Criticizing a Private Prison
For nearly three years, Daniel Horwitz faced contempt of court for talking about a private prison that was one of his most frequent courtroom opponents.
James Comey's Deleted '86 47' Instagram Post Is Obviously Protected by the First Amendment
A lot of conservatives are falling prey to the same snowflakery they criticize.
Reason Nominated for 17 Southern California Journalism Awards
Nominees include stories on inflation breaking brains, America's first drug war, Afghans the U.S. left behind, Javier Milei, and much more.
Republicans Want To Redefine Obscenity
A new bill would ban sharing visual content that might "arouse" or "titillate."
Court Orders Release of Tufts Foreign Student Detained For Her Speech
The ruling is a victory for the proposition that the First Amendment applies to immigration and visa restrictions.
Steven Pinker: Can Harvard Be Saved?
The Harvard psychologist discusses recent gains for free speech at Harvard, growing political and ideological threats to academic freedom, and the importance of shared knowledge in sustaining truth and progress.
Should Sharing Information About Israeli Businesses Get You 20 Years in Prison?
The IGO Anti-Boycott Act would dramatically expand U.S. anti-boycott laws. The House quietly postponed a vote after running into unexpected Republican opposition.
Maine Legislator Barred From Voting Over Social Media Post
Earlier this year, state Rep. Laurel Libby made a post criticizing trans women in women's sports. Her refusal to apologize has cost Libby her right to speak on the House floor and vote on legislation.
Immigrants and Radicals Have the Same Free Speech Rights as Everyone Else
Campus protests against Israel have revived debates over the limits of First Amendment protections.
Court Frees Palestinian Student Arrested by ICE at His U.S. Citizenship Hearing
A U.S. district judge called Mohsen Mahdawi’s detention a “great harm to a person who has been charged with no crime.”
Rumeysa Ozturk's Op-Ed Is Still the Only Public Justification for Her Arrest
"It is unthinkable that a person in a free society could be snatched from the street, imprisoned, and threatened with deportation for expressing an opinion the government dislikes," says FIRE.
The TAKE IT DOWN Act's Good Intentions Don't Make Up for Its Bad Policy
Congress just approved a new online censorship scheme under the auspices of thwarting revenge porn and AI-generated "nonconsensual intimate visual depictions."
Trump Administration Admits ICE Arrested Mahmoud Khalil Without a Warrant
The administration's lawyers claim that this was justified by Khalil's likelihood of escape.
By Openly Retaliating Against Disfavored Law Firms, Trump Attacks Free Speech and the Right to Counsel
Two of his targets are seeking permanent injunctions against the president's blatantly unconstitutional executive orders.
Harvard University Should Emulate Hillsdale College and Cut Ties With the Government
To remain independent, institutions of higher education should end their reliance on taxpayer money.
Trump's Actions Contradict His Avowed Commitment to First Amendment Rights
The president has launched a multifaceted crusade against speech that offends him.
Here Is Why Harvard Argues That Trump's Funding Freeze Violates the First Amendment
The administration's demands extend far beyond its avowed concern about antisemitism and enforcement of "civil rights laws."
Treating Journalism As Consumer Fraud, Trump Claims Coverage of a Presidential Poll Was Not 'News Reporting'
The president's lawyers also conflate fraud with defamation, misconstrue the commercial speech doctrine, and assert that false speech is not constitutionally protected.
Missouri 13-Year-Old Suspended for Making a Rifle Out of Dr. Pepper Cans
The boy and his mother are now suing the school district and its officials to protect students' right to free expression.
Fewer People Support Censoring False Information Online
Support for suppressing "violent content" has also dropped.
Marco Rubio Brags About Defending Freedom of Speech While Eagerly Undermining It
The secretary of state, who aims to "liberate American speech," nevertheless wants to deport U.S. residents for expressing opinions that offend him.
A Survey Suggests Most Americans Are Not Keen on Trump's Speech-Based Deportation Initiative
Just a quarter of respondents said they favored deporting students for "expressing pro-Palestine views."
Trump Threatens Harvard's Tax-Exempt Status
Apparently freezing $2 billion in federal funding wasn't enough.
Obama Is a Huge Hypocrite for Praising Harvard's Anti-Trump Stance
Harvard's law faculty previously criticized the Obama administration's assault on norms of free speech and due process.
Colorado Bill Would Force Judges To Consider 'Misgendering' a Form of 'Coercive Control' in Custody Cases
The bill risks "punishing parents simply for disagreeing with the state's preferred views on gender," Aaron Terr, a First Amendment attorney, tells Reason.
Rand Paul on China, Free Speech, and Banning TikTok
"I said now that they're banning it, I want to join, just because they're telling me I can't," the Kentucky senator tells Reason.
Neither Trump Nor the Associated Press Controls Our Words
The Associated Press’s legal victory highlights the limited power presidents and the press have over the creative destruction and spontaneous order of our language.
A Ruling Against Mahmoud Khalil Highlights Marco Rubio's Vast Power To Deport People for Their Opinions
An immigration judge's decision reinforces the constitutional argument against the law that the secretary of state is invoking.
ICE Retracts Threat To Stop Illegal 'Ideas' at the Border
The pro-censorship post was quite the Freudian slip from the Trump administration.
Justice Kavanaugh Stays District Court Order in Ohio Ballot Initiative Dispute
Not all of the action on the shadow docket involves President Trump.
On Remand, the 5th Circuit Again Blocks a Lawsuit by a Texas Reporter Arrested for Newsgathering
Even if Laredo cops punished Priscilla Villarreal for constitutionally protected speech, the appeals court says, they would be protected by qualified immunity.
Mark Clifford: A Political Prisoner Fights for Free Speech in China
The former editor in chief of the South China Morning Post discusses his book on Jimmy Lai, who is currently on trial in Hong Kong for having the audacity to stand up to the government.
How Obama and Biden Paved the Way for Trump's Attacks on Universities
"Universities were bending over for federal funds long before Trump," writes Laura Kipnis.
Survey: Free Speech Support Is Eroding in America
A new global survey reveals a stark decline in Americans' support for free speech as the Trump administration tightens its grip on expression.
Leigh Stein and Julius Taranto: Did Wokeness and Trump Kill Literary Satire?
The novelists join the podcast for a sharp, satirical dive into fiction, free speech, and the absurdity of modern culture.
Can Trump Broker a TikTok Sale Before the April 5 Deadline?
The president seems optimistic. It's not clear why.
Nina Jankowicz's Defense of Government Censors Is Based on Misinformation
"Everything looks like a conspiracy when you don't know how anything works," said Jankowicz.
Mississippi Says Medical Marijuana Is Legal—Just Don't Talk About It
The state legalized medical marijuana but banned dispensary owners from advertising. Now, one owner is taking the fight to the Supreme Court.
FCC Chair Investigates Disney Over Potential Past and Present DEI Policies
Disney scaled back DEI policies this year. FCC Chairman Brendan Carr still opened an investigation.
Trump's War on the Press
The president is arguing in court that journalism he doesn't like is "election interference" that constitutes consumer fraud.
Defending Student Deportations, Marco Rubio Equates Writing an Anti-Israel Op-Ed With Starting a Riot
The detention of Tufts graduate student Rumeysa Ozturk illustrates the startling breadth of the authority the secretary of state is invoking.
Marco Rubio Says He's Revoked 300 Student Visas Over Campus Activism
"We're looking every day for these lunatics that are tearing things up," Rubio said in a Thursday press conference.
