Texas Sues Pornhub for Failing to Check IDs
A federal judge in an ongoing case called the porn age-check scheme unconstitutional. Texas Attorney General Ken Paxton doesn't seem to care.
First Amendment
Supreme Court Looks Poised To Gut Restrictive Social Media Laws
The First Amendment restricts governments, not private platforms, and respects editorial rights.
Texas and Florida Say the First Amendment Must Be Sacrificed to Save It
Supreme Court arguments about two social media laws highlight a dangerous conflation of state and private action.
Most Justices Seem Skeptical of the Florida and Texas Social Media Laws
The Supreme Court seems inclined to recognize that content moderation is protected by the First Amendment.
Poll: Almost a Third of Americans Say the First Amendment Goes 'Too Far'
The survey also found that two-thirds of respondents believe that America is on the "wrong track" when it comes to free speech.
Supreme Court Seems Likely to Strike Down Florida and Texas Social Media Laws
The laws violate the First Amendment because they require social media sites to abjure most content moderation, and platform speech they disapprove of.
Texas and Florida Want the Supreme Court To Bless Their Unconstitutional Social Media Laws
Both states are trying to force tech companies to platform certain sorts of speech.
States Try To Strip Sex From Literature in Libraries, Schools
These aren't outright bans. But they still can chill free speech and academic freedom.
The Biden Administration Is Bent on Setting an Alarming Precedent by Prosecuting Julian Assange
The WikiLeaks founder already has spent as much time in a London prison as DOJ lawyers say he is likely to serve if convicted in the U.S.
Federal Judge Temporarily Blocks Enforcement of Houston Ordinance Against Feeding the Homeless
The judge found that Food Not Bombs' activity was clearly expressive conduct under the First Amendment.
Progressives Are Ditching Free Speech To Fight 'Disinformation'
From limits on liability protections for websites to attempts to regulate the internet like a public utility, these proposals will erode Americans' right to express themselves.
Shoshana Weissmann: Online Age Verification Rules Are Unconstitutional and Ineffective
"None of these laws prevent kids from viewing anything. They just prevent kids from posting," argues Shoshana Weissmann.
Kids Have First Amendment Rights Too, Federal Judge Reminds State Lawmakers
Banning people under age 16 from accessing social media without parental consent "is a breathtakingly blunt instrument" for reducing potential harms, the judge writes.
Qualified Immunity Is Not Limited to Police Brutality. It Protects a Wide Variety of Abusive Officials.
An analysis of appeals involving the doctrine finds that less than a quarter "fit the popular conception of police accused of excessive force."
Buffalo Cops Denied Qualified Immunity for Arresting Man Who Called Officer an 'Asshole'
R. Anthony Rupp III was cited and detained after he called a police officer an "asshole" after the cop nearly drove into two pedestrians.
PROTECT Act Could Require Removal of All Existing Porn Online
Sen. Mike Lee's "technological exploitation" bill also redefines consent.
Cops Arrested Him for a Fictitious Traffic Violation Because He Flipped Them Off
A federal judge allowed a lawsuit against the officers to proceed, finding evidence of several constitutional violations.
Was Amazon 'Free to Ignore' White House Demands That It Suppress Anti-Vaccine Books?
The Biden administration's interference with bookselling harks back to a 1963 Supreme Court case involving literature that Rhode Island deemed dangerous.
Houston Faces First Amendment Lawsuit for Cracking Down on Feeding the Homeless
Food Not Bombs activists argue that feeding the needy is core political speech, and that they don't need the city's permission to do it.
He Was Arrested for Making a Joke on Facebook. A Jury Just Awarded Him $205,000 in Damages.
The verdict vindicates the constitutional rights that Louisiana sheriff's deputies flagrantly violated when they hauled Waylon Bailey off to jail.
Disney Can't Prove DeSantis Retaliated Against It, Federal Judge Rules
Disney has vowed to appeal the ruling.
The 5th Circuit Says Criminalizing Journalism Is Not Obviously Unconstitutional
The appeals court dismissed a civil rights lawsuit by a Laredo gadfly who was arrested for asking questions.
She Was Arrested for Her Journalism. A Federal Court Says She Can't Sue.
Priscilla Villarreal, also known as "Lagordiloca," has sparked a debate about free speech and who, exactly, is a journalist.
The 2 Reasons California's YIMBY Reforms Are Failing
Plus: Ohio church sues the city trying to shut down its homeless services, another indigenous-owned megaproject approved in Vancouver, B.C., and a new report shows rapidly deteriorating housing affordability.
Utah Would Rather Repeal Social Media Age Check Law Than Defend It In Court
Laws like Utah's would require anyone using social media to prove their age through methods such as submitting biometric data or a government-issued ID.
The 'No Compromise' NRA Is Neither New nor Uncompromising
The book Vote Gun criticizes the NRA’s rhetoric but pays little attention to gun control advocates' views.
A Constitutionally Dubious California Bill Would Ban Possession of AI-Generated Child Pornography
The proposal seems to conflict with a Supreme Court ruling against laws that criminalize mere possession of obscene material.
No, Blocking Traffic Is Not Protected by the First Amendment
The freedom to protest is essential to the American project. It also does not give you carte blanche to violate other laws.
Feds Will Try Backpage Co-Founder Michael Lacey for a Third Time
It's a frightening reminder of how far the government will go to get their way—and to warn tech companies against platforming speech it doesn't like.
Zoning Bans the Good Samaritan
Plus: Beverly Hills homeowners can't build new pools until their city allows new housing, a ballot initiative would legalize California's newest city, and NIMBYs sue to overturn zoning reform (again).
Oklahoma Bill Would Ban Sending Sexy Selfies Unless You're Married
It could also outlaw any sort of sexualized image, play, or performance, pornographic or not.
Trump's Supreme Court Brief Rebuts the Claim That He 'Engaged in Insurrection'
He is asking the justices to reject the Colorado Supreme Court's conclusion that he is disqualified from running for president.
Democratic Attorneys General Support Censorship
In an amicus brief filed in Murthy v. Missouri, they ignore basic tenets of First Amendment law in order to quash online speech they don't like.
The World Economic Forum Is Begging You To Trust the Science
"There has been a deliberate attempt to inflame the public against experts," warned one Davos panelist.
James Kirchick: 'Abolish Speech Codes Entirely'
How identity politics and institutional cowardice have undermined the free speech on which our society relies.
Want to Use Social Media? Utah Wants You to Hand Over Your ID.
A new lawsuit is challenging a Utah law that requires age verification to use social media and forces minors to get their parents permission first.
Free Speech Absolutism in Practice
Author James Kirchick supports the First Amendment, full stop. Why don't more journalists?
AI Fraud Act Could Outlaw Parodies, Political Cartoons, and More
The bill is broad enough to target a Saturday Night Live skit lampooning Trump, a comedic impression of Taylor Swift, or a weird ChatGPT-generated image of Ayn Rand.
Pro-Palestinian Speech Is Still Free Speech
Republicans should remember that they have spent years railing against censorship on college campuses.
Federal Appeals Court Rules in Favor of Reform Prosecutor Removed from Office by Ron DeSantis
"The First Amendment prevents DeSantis from identifying a reform prosecutor and then suspending him to garner political benefit," U.S. Circuit Judge Jill Pryor wrote.
Florida Bill Would Make Allegations of Race Discrimination 'Defamation Per Se'
The state Senate bill, which is extremely similar to another House proposal, aims to scrap major First Amendment protections in defamation cases.
Harvard President Claudine Gay Resigns After Plagiarism Scandal
The next president should put more effort into fixing the college's abysmal free speech ranking.
October 7: A Turning Point for Free Speech?
Restricting speech about the world's most pressing problems does not make them go away, nor does it settle any disputes.
A Bad Year for Drag Queen Foes
New anti-drag laws were deemed unconstitutional in every state where they were challenged this year.
How FDR Emasculated the Black Press in World War II
Instead of indulging in politically risky sedition prosecutions of the black press, the government relied on indirect methods of behind-the-scenes manipulation and intimidation.
Was the Capitol Riot an 'Insurrection,' and Did Trump 'Engage in' It?
The Colorado Supreme Court's reasoning in deciding that Trump is constitutionally disqualified from running for president seems iffy.
Video Shows Vermont State Trooper Arrest Man for Flipping Him Off
FIRE and the ACLU of Vermont are now representing the man in a free speech lawsuit.
