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.
First Amendment
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.
This NRA Supreme Court Case Has Big Implications for Porn
The ACLU will represent the gun rights group in a case with widespread relevance for free speech.
Brooklyn College Forced a Student To Take Down Anti-Israel Signs While Leaving Other Posters Untouched
A graduate student was forced to take down two pro-Palestinian signs from the door of her art studio, but others were allowed to keep up their own political messages.
Washington Post Op-Ed Argues That Colleges Should 'Restrict' Speech To Fight Antisemitism
In her article, University of Pennsylvania professor Claire O. Finkelstein absurdly argued that colleges treat free speech as "near-sacred."
After Resisting Demands To Punish 'Hate Speech,' Penn's President Capitulated. It Did Not Save Her Job.
Liz Magill and two other university leaders provoked bipartisan outrage by defending freedom of expression on campus.
Campus Speech Restrictions Come Back To Bite Universities
Plus: A listener asks if there is any place libertarians can go to start their own country or city state.
Cato Amicus Brief in the Texas and Florida Social Media Cases
The brief urges the Supreme Court to reverse its badly misguided precedent in Pruneyard v. Robins.
Jeff Kosseff: Why False Speech Deserves First Amendment Protections
The former journalist defends misinformation in the Trump era and explains why so many journalists are against free speech.
San Francisco's Can-Kicking on Zoning Reform Could See It Lose All Zoning Powers
Plus: the U.S. Justice Department says zoning restrictions on a church's soup kitchen are likely illegal, more cities pass middle housing reforms, and California gears up for another rent control fight.
Texas Newspaper Virally Claims Ted Cruz Wanted To 'Limit' Preferred Pronouns. His Bill Doesn't Do That.
Sen. Ted Cruz (R-Texas) introduced a bill last month that would bar federal agencies from forcing employees to respect preferred names or pronouns.
Seattle Banned Landlords From Rejecting Tenants Based on Criminal Records. Will the Supreme Court Step in?
The political push behind the law was well-meaning. But it will backfire on many prospective renters.
Judge Halts Montana's First Amendment-Violating TikTok Ban
The ban, scheduled to take effect on January 1, is likely unconstitutional in multiple ways, the judge held.
The Backpage Defendants Never Stood a Chance
Moral panic plus government power is an inescapably potent combination.
Prosecutors Use Lyrics, Diary Entries as Evidence in Georgia RICO Cases
In separate criminal racketeering cases, prosecutors are using rap lyrics and the personal diary of a protester shot and killed by police as evidence.
USC Censors Jewish Professor for Saying Hamas 'Should Be Killed'
The university is violating John Strauss's free speech rights.
Trump Gag Order Raises Unsettled Constitutional Questions
A D.C. Circuit judge says the government’s defense of the order gives short shrift to "the First Amendment’s vigorous protection of political speech."
Ron DeSantis Rediscovers the First Amendment's Protections for Anonymous Speech
The Florida governor is attacking Republican primary rival Nikki Haley over her awful idea to police online speech, but the timing is awkward.
Free Speech Advocates Are Often Hypocrites. This Doesn't Make the Cause Less Important.
When people from historically privileged groups are facing censorship, that doesn't mean people in historically marginalized groups are actually being empowered.
Mississippi Makes It a Crime to Advertise Legal Medical Marijuana Businesses
Clarence Cocroft filed a lawsuit this week challenging the state's virtual ban on advertising medical marijuana businesses, arguing the law violates his First Amendment rights.
Nikki Haley's Crazy Plan to Require Verification on Social Media
The 2024 GOP candidate has proposed something blatantly unconstitutional.
Florida Walks Back Order to Shut Down College Pro-Palestinian Groups
The change came after concerns were raised about "potential personal liability for university actors who deactivate the student registered organization," according to state officials.
Football Eye Black Isn't Blackface
A student’s overzealous school spirit shouldn't ruin his life.
Inside Ron DeSantis' Crackdown on Drag Shows
"Is there any way to stop this from happening tomorrow?" Ron DeSantis' former chief of staff asked about a Christmas-themed drag show on tour in Florida.
Salman Rushdie: 'Literature Is Powerful, Writers Are Fragile'
"If we can't trust ourselves as a culture to accommodate ideas we don't like," the novelist said at the Library of Congress, "then our ideas lose their value as well, because they become authoritarian."
He Was Strip-Searched and Jailed for Criticizing Cops. Now He's Fighting Back in Court.
In an apparent case of retaliation by humiliation, Jerry Rogers Jr. was arrested for speaking out about a stalled murder investigation.
Yes, Anti-Israel Protests Are Free Speech
Peaceful pro-Palestine protests are protected by the First Amendment, even if protesters often use offensive or inflammatory rhetoric.
These Public Officials Blocked Critics on Social Media. Was That Constitutional?
The Supreme Court considers whether and when banishing irksome constituents violates the First Amendment.
