Free Speech
#TheyLied Libel Case, Stemming from Allegations of "Mental and Physical Abuse[]" by Fellow High School Student, Can Go Forward
The culture of public accusation and shaming, in high school (and stemming from a relationship that apparently happened when the accuser and accused were sophomores).
Town Says Burger Joint's Mural Can't Show Any Burgers
Salina, Kansas, restaurant owner Steve Howard argues in a new lawsuit that the city's sign regulations violate the First Amendment.
"Freedom of Expression in Generative AI—A Snapshot of Content Policies"
A new report from the Future of Free Speech project (a collaboration between Vanderbilt University and Justitia).
New York Times Staffers Bullied a Conservative Writer
The Chick-fil-A story heard 'round the world.
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.
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.
Requiring Public High School Student to Perform Monologue by Classmate May Be Unconstitutional Speech Compulsion
The monologue was sexually themed, but it's not clear to what extent the court's rationale might extend to situations where a student objects to the monologue for other reasons.
Netflix Wins Lawsuit Over 13 Reasons Why, on Statute of Limitations Grounds
The plaintiffs claimed that 15-year-old Bella Herndon committed suicide because of the film.
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.
Free Speech Unmuted: Book Bans—or Are They?
I'm delighted to announce this new video/audio podcast series by Prof. Jane Bambauer (Florida) and me, and its first episode.
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 Coddling of the American Mind" Movie
This is the film based on the bestselling book by FIRE's Greg Lukianoff and Prof. Jonathan Haidt (NYU).
Fourth Circuit on One-Sided Pseudonymity in Sexual Assault Cases
The decision allows such pseudonymity when the defendant has already been found (by default judgment) to have committed the assault, but Judge Wilkinson's concurrence argues that, absent this unusual factor, one-sided pseudonymity should be frowned on.
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.
"Victimizing the Families of Opposing Counsel and Causing Well-Founded Concern for Their Well-Being … Is … a Profound Dishonor as a Lawyer"
"Lawyers in litigation may be expected to assume the risk of a certain amount of rough-and-tumble. Their families do not. In preying on the families of opposing counsel, Mr. Manookian crossed the Rubicon."
White University Administrator's Race Discrimination Case Can Go Forward
The administrator, at Texas A & M University Texarkana, alleges he was pushed out because of his race, and because he had declined to discipline a student who "had used the word 'Nigga' in [a classmate's] presence while on a trip to the mall."
Don't Pick Out That Corvette Yet: Prosecutor Loses Libel Lawsuit Against Newspaper
What does it mean, in context, to say that a prosecutor "assisted with the prosecution" of someone who has been exonerated?
Claudine Gay's Defenders Shot the Messenger
Harvard should pick someone with academic integrity as its next president.
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.
Posts About Child Abuse Investigator Weren't "Harassment" That Could Be Enjoined
Among other things, posts that "target the plaintiff's reputation and cause her emotional distress" aren't covered by the Massachusetts harassment prevention order statute.
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."
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.
If Lawyer Representing Himself Is "Unable to Keep His Personal Feelings out of His Pleadings and the Way He Litigates This Case,"
"he might want to consider hiring an attorney to represent him in this case."
Climate Scientist Michael Mann Wins Defamation Suit Against Mark Steyn and Rand Simberg
The jury found no real damages, but gave a sizeable punitive award that could be challenged on appeal.
