An anti-abortion group of self-proclaimed citizen journalists, Center for Medical Progress, secretly videotaped Planned Parenthood after creating false identities and a fake company to infiltrate restricted areas. The group released the project "Human Capital" in 2015, which includes various documentary-like videos accusing Planned Parenthood clinics in California of selling aborted fetal tissue. The activists argued that its project was protected by the First Amendment, but the U.S. Court of Appeals for the Ninth Circuit affirmed that no journalist is above the law.
Arizona Federal District Judge Restricts Interference of Poll-Watching Group
An Arizona federal district judge narrowed a poll-watching group’s ability to monitor ballot drop boxes by issuing restrictions on taking photos and videos of early voters and prohibiting the open carry of firearms and wearing tactical gear within 250 feet of a drop box. The temporary restraining order, issued Nov. 1 by U.S. District Judge Michael Liburdi bars affiliates and members of the poll-watching group Clean Elections USA from taking photos and videos of people within 75 feet of a drop box; following, yelling or speaking to people dropping off ballots unless they’re engaged first; and standing within 75 feet of a drop box.
Arizona Federal District Judge Denies Injunction Against Arizona Poll Watching Group, DOJ Disagrees
On Oct. 28, U.S. District Judge Michael Liburdi denied a request to block a poll-watching group from surveilling drop boxes citing First Amendment concerns. Three days later, the Department of Justice signaled its disapproval of the judge’s ruling in a statement of interest, stating that "The First Amendment does not protect individuals’ right to assemble to engage in voter intimidation or coercion.”
Utah Professor Sues University Over Required Pronoun Use, Argues Free Speech Infringement
Richard Bugg, a theater professor at Southern Utah University filed the lawsuit in the United States District Court for the District of Utah Aug. 31. Bugg, represented by attorney Jerry Mooney with financial support from the FIRE Faculty Legal Defense Fund, argues that he is “opposed to the coercion of speech that is taking place on our campus and on most campuses,” the lawsuit stated.
Sarasota Herald-Tribune Challenges Order Against Identifying Deputies in Fatal Shooting
The Sarasota Herald-Tribune is seeking to overturn an emergency injunction granted by a judge Friday night to the Sarasota County Sheriff’s Office and the 12th Judicial Circuit State Attorney’s Office barring the news organization from publishing the names of two of the deputies involved in a fatal shooting.
Appeals Court Rules Florida Licensing Law Doesn’t Violate the First Amendment
A federal appeals court ruled that a Florida law that requires individuals to be licensed in order to dispense dietary advice doesn’t violate the First Amendment. Heather Kokesch Del Castillo, who calls herself a “holistic health coach,” sued the state, claiming that Florida’s Dietetics and Nutrition Practice Act violates her free speech rights to give advice to her clients.
Texas’ Social Media Law is Unconstitutional, Federal Court Rules
On December 1st, a federal court in Texas issued a preliminary injunction against Texas’ social media law, HB 20, for violating platforms’ First Amendment right to moderate the third-party content they disseminate. "HB 20 prohibits virtually all content moderation, the very tool that social media platforms employ to make their platforms safe, useful, and enjoyable for users," U.S. District Court Judge Robert Pitman wrote.
Texas Community College Sued for Violating Former Professor’s First Amendment Rights
Collin College, a community college in McKinney, Texas is being sued by a former professor for violating her free speech and assembly rights. In a lawsuit filed on September 22nd in the U.S. District Court in the Eastern District of Texas Sherman Division, Suzanne Jones alleges that Collin College administrators pushed her out for criticizing the school’s COVID-19 response, and in retaliation for two previous incidents in 2017 and 2020.