Archive
Blake Bailey

Publisher Removes Philip Roth Biography From Print Due to Sexual Assault Allegations Against the Author

The publisher’s actions highlight an unresolved tension between the desire to hold bad actors accountable and the possibility of depriving the public of valuable literary and artistic ideas. While some have expressed concerns about W.W. Norton's decision to stop printing and distributing a widely praised biography, others see it as a step towards a future where powerful people are held accountable for their behavior.

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Justices Question Whether Student’s Snapchat Rant Caused a Substantial Disruption

In oral arguments on April 28th in a case involving a former high school student kicked off her cheerleading squad for a profane social media post, the Court explored whether school officials could discipline the student under the Supreme Court’s decision in Tinker v. Des Moines Independent Community School District (1969).    

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Three-Judge Panel Vacates Injunction; Reduces Limitations on Circulation of 3D-Printed Gun Files

A three-judge panel of the U.S. Court of Appeals for the Ninth Circuit vacated a preliminary injunction concerning 3D-printed gun files on April 27th. The injunction, which had been granted by U.S. District Court Judge Robert Lasnik in March of 2020, stopped agency rule changes instituted during the Trump administration from being carried out.

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The Supreme Court Case That Could Define the Next Era of Student Speech Rights

On Wednesday, April 28th, the Supreme Court heard oral arguments in a student speech case, Mahanoy Area School District v. B.L. We compiled basic information about the facts of the case, the legal questions at issue, and what experts are saying about it.

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FAC

First Amendment Coalition Sues California County for Access to COVID Data

On April 22nd, the First Amendment Coalition (FAC), a nonprofit public interest organization, filed a lawsuit against Ventura County in Southern California. FAC alleges the County violated the California Public Records Act (CPRA) after failing to appropriately respond to two requests for information regarding data on COVID-19 outbreaks and deaths, thus violating the right of access under the First Amendment.

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Kesha

Music Producer “Dr. Luke” Not a Public Figure, NY Appellate Court Rules

Dr. Luke is suing pop star Kesha over claims she made that he raped both her and singer Katy Perry. Free expression groups have argued that courts should interpret the public figure doctrine more broadly in libel suits involving sexual assault claims.

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Scales of Justice

Iowa Supreme Court Finds Facebook Comments About Landlord to Be Protected Rhetorical Hyperbole

An individual’s Facebook post accusing an apartment manager of being a “slumlord” was protected rhetorical hyperbole rather than a false statement of fact, the Iowa Supreme Court ruled on April 16th in Bauer v. Brinkman.

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Civil rights leaders, including Martin Luther King Jr.

Teacher Guide: The Civil Rights Movement and the First Amendment: How Free Expression Freedoms Developed During the Struggle for Equality

The civil rights movement of the 1950s and 1960s not only led to significant legislative change and social progress, but it also served as a catalyst for the expansion of First Amendment freedoms. This teacher’s guide recounts many of the First Amendment developments ushered in during this new era of commitment to civil rights and equality. These include constitutionalizing libel law, protecting peaceful protesting, acknowledging new forms of symbolic speech, recognizing the freedom of association, and limiting the ways in which licensing laws can be used to censor speech.

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