Journalist Sues New Mexico Sheriff’s Office Over Alleged Retaliation

On May 26th, New Mexico journalist Tabitha Clay filed a lawsuit against the Rio Arriba County Sheriff’s Office. Clay claims local law enforcement violated her First Amendment rights by allegedly retaliating against her and withholding information after she wrote an article in May of 2019 detailing a sheriff’s deputy’s deployment of a taser on a 15-year-old special education student.

Oklahoma Community College Cancels Course on Race and Ethnicity Due to New Law

The college canceled the class due to concerns that it might conflict with a new law that prohibits public schools from having certain kinds of conversations about race and gender. Idaho, Rhode Island, Iowa, New Hampshire, Arkansas, Missouri, Louisiana, and West Virginia have all introduced similar legislation restricting public schools from teaching "divisive" concepts.

Teacher Guide: Does the First Amendment Allow the Government to Censor Art? 

For much of our nation’s history, the First Amendment’s guarantee of freedom of speech did not clearly protect art from government censorship. Over the course of the 20th century, however, courts gradually extended speech protections to a broader range of artistic expression, including film, dance, theater, and fine arts. Today, public officials can censor art only in limited circumstances. What are those circumstances, and what protection does the First Amendment provide?

Federal Court Ruling Invalidates Georgia’s Anti-BDS Law on First Amendment Grounds

A federal judge’s recent decision on Georgia’s law against the “Boycott, Divestment, and Sanctions” (BDS) movement signals a win for the First Amendment and for the right to protest peacefully.

Florida’s New Social Media Law Suffers from Serious Constitutional Flaws

A Florida law signed by Governor Ron DeSantis on May 24, 2021, that regulates what speech social media companies must allow and disallow suffers from serious constitutional problems.  It already has been challenged in federal court by NetChoice, a lobbying firm that represents Twitter, Facebook, and other online companies, and Computer & Communications Industry Association.   

New Florida Law Takes Aim at Social Media Platforms Over Alleged Censorship

On May 24th, Florida Governor Ron DeSantis signed into law a bill that aims to curb alleged censorship by social media platforms. The new law, SB 7072, levies financial penalties on social media companies for deplatforming candidates for public office, and affords users the opportunity to sue for alleged censorship.

John Quincy Adams: Defeating the Gag Rule and Protecting the Right of Petition

Which president in American history did the most for First Amendment freedoms either in or out of office? This is a deliciously difficult question because the vast majority of the occupants of the Oval Office were, at times, hostile to the First Freedom. Recent presidents simply do not make the grade for their in-office activities.

Ninth Circuit Rules In Favor of Plaintiff In Bivens Claim Brought Against Federal Agents

A federal appeals court has ruled that a Washington state bed-and-breakfast owner has an implied right of action for damages, called a Bivens claim, for a First Amendment violation by federal agents. The decision is significant, as many lower courts have declined to find such an implied right of action for a violation of the First Amendment, leaving some plaintiffs without an effective remedy.