Speech

Lawsuit Against Neo-Nazi Cannot Be Dismissed on 1st Amendment Grounds

Lawsuit Against Neo-Nazi Cannot Be Dismissed on 1st Amendment Grounds

Chief Judge Dana L. Christensen November 14, 2018: Publisher’s Lawyer Says the Lawsuit is “Dangerous for Free Speech”  U.S. District Judge Dana Christensen will allow a lawsuit to proceed against Andrew Anglin, the publisher of the Neo-Nazi website The Daily Stormer, ruling that the First Amendment does not protect him from being held responsible for unleashing a “troll storm” targeting a Jewish woman[Read More…]

November 15, 2018 Speech, Threats, Top Stories
WATCH: The Past, Present, and Future of American Free Speech 

WATCH: The Past, Present, and Future of American Free Speech 

November 11, 2018: The Past, Present, and Future of American Free Speech Watch Amy Werbel, Associate Professor of the History of Art at the Fashion Institute of Technology and author of Lust on Trial and Nadine Strossen, former president of the ACLU and author of HATE. Why We Should Resist It with Free Speech, Not Censorship in conversation about free speech at the Fashion[Read More…]

November 12, 2018 Speech, Top Stories
Democratic New York Governor Andrew Cuomo and his girlfriend Sandra Lee take a selfie with a woman before voting at the Presbyterian Church in Mt. Kisco, New York, U.S., November 6, 2018. REUTERS/Caitlin Ochs

Exercising Selfie-Expression: Do Ballot Selfie Bans Violate the First Amendment?

  Elections look a lot different these days than they did in the past. Swag, branded hashtags, and of course, the ballot selfie. As the modern phrase goes, “picture or it didn’t happen.” But some states won’t let you take a photograph of your marked ballot. Does a ban on this form of free expression violate the First Amendment? CNN breaks[Read More…]

November 6, 2018 Speech, Top Stories
A view of reclaimed land that is being utilized for cattle grazing is seen in the left of the frame, and a view of untouched land is seen in the right of the frame during a tour of Peabody Energy's North Antelope Rochelle coal mine near Gillette, Wyoming, U.S. June 1, 2016. Reclaimed land is land that is brought back to it's pre-mining use.  REUTERS/Kristina Barker

New Ground Rules: Judge Strikes Down Wyoming Data Trespass Laws

  October 30, 2018: The Laws Violate Free Speech Protections  A federal judge struck down two of Wyoming’s “ag-gag” laws that barred the collection of environmental research data on public and private land. The judge ruled that the recently passed “data trespass” statutes are unconstitutional and violate free speech protections, siding with two environmental groups and a photography association. The[Read More…]

November 5, 2018 Below the Fold, Speech
U.S. President Donald Trump introduces his Supreme Court nominee judge Brett Kavanaugh in the East Room of the White House in Washington, U.S., July 9, 2018. REUTERS/Leah Millis

SCOTUS Nominee Kavanaugh And The First Amendment: His Record, Views, And Controversies

In light of Judge Brett Kavanaugh’s nomination, experts weigh in on his First Amendment record with mixed views. During the course of the confirmation process, Kavanaugh was questioned about reporter’s privilege and whether he would allow journalists to divulge the details of confidential conversations he had with them decades ago.

October 8, 2018 Below the Fold, Speech
FILE PHOTO: San Francisco 49ers outside linebacker Eli Harold (58), quarterback Colin Kaepernick (7) and free safety Eric Reid (35) kneel in protest during the playing of the national anthem before a NFL game against the Arizona Cardinals in Santa Clara, California, Oct 6, 2016.   Mandatory Credit: Kirby Lee-USA TODAY Sports/File Photo

Eric Reid Among Handful Of NFL Players Continuing Anthem Protests, Becomes the First Carolina Panther To Take A Knee

In his first game playing for the Carolina Panthers, Eric Reid resumed protest during the national anthem, becoming the first player on the team to take a knee. It came as no surprise: Reid protested alongside former teammate Colin Kaepernick in 2016 when playing for the San Francisco 49ers. But despite prompting a nationwide debate in earlier seasons, The Washington Post notes that only a handful of NFL players continue the practice while commentary and buzz around what once dominated the headlines has largely subsided.

October 8, 2018 Speech, Symbolic Speech
Ballard Spahr: New Trade Agreement Extends Immunity to Online Service Providers in Mexico and Canada

Ballard Spahr: New Trade Agreement Extends Immunity to Online Service Providers in Mexico and Canada

Reprinted with Permission from Ballard Spahr Good news for internet hosts: NAFTA’s replacement, the United States-Mexico-Canada Agreement (USMCA), will extend the immunity Congress provided with Section 230 of the Communications Decency Act of 1996 (CDA) into neighboring North American countries. In the United States, 28 U.S.C. § 230—which provides that online service providers are not considered “publishers” of third-party content[Read More…]

October 4, 2018 Speech, Top Stories
A test text message of the Presidential Alert, National Wireless Emergency Alert System is seen on a mobile phone in New York City, New York, U.S. October 3, 2018. REUTERS/Mike Segar

Could The Presidential Text Message Alert System Violate The First Amendment? Lawsuit Says Yes

October 3, 2018: Judge Denies Plaintiffs’ Request Three people fought back against the first-ever national presidential text message alert system in the hopes of stopping a scheduled system test that went into effect yesterday afternoon. The plaintiffs, suing President Trump and a FEMA administrator in U.S. District Court in Manhattan, argued that the alert system violates their First Amendment and[Read More…]

October 4, 2018 Speech, Top Stories
First Amendment News Hosts Online Symposium: 15 Women & Their Views on Free Speech

First Amendment News Hosts Online Symposium: 15 Women & Their Views on Free Speech

September 20, 2018: First Amendment News (FAN) Publishes Original Essays By Women On Free Speech Law  To commemorate FAN’s 200th edition, Ronald K.L. Collins asked 15 female lawyers and professors to write original essays on any aspect of free speech they found intriguing. Women tend to be underrepresented in the First Amendment arena, and Collins wanted to take the opportunity[Read More…]

October 4, 2018 Speech, Top Stories
The book "Unhinged" by former White House staffer Omarosa Manigault Newman on her time in the White House administration is seen for sale in Manhattan, New York, U.S., August 14, 2018.  REUTERS/Shannon Stapleton   NO RESALES. NO ARCHIVES

Omarosa’s Publisher Says Trump Legal Team Threats Are “Hollow”

August 17, 2018: Simon & Schuster To Trump: You Have A “Bully Pulpit” At Your Disposal In response to threats made by the Trump campaign legal team, Simon & Schuster, the publisher of Unhinged: An Insider’s Account of the Trump White House by Omarosa Manigault-Newman, says they acted well within their rights and will continue to publish the book on schedule. The[Read More…]

August 30, 2018 Below the Fold, Censorship, Speech, Threats