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?

Students of All Ages Should Not Lose First Amendment Rights at School

Two elementary school students in Ardmore, Oklahoma were pulled from their public school classrooms for wearing “Black Lives Matters” t-shirts,” reports The New York Times. Such action likely violates the First Amendment, including the U.S. Supreme Court’s landmark decision protecting student-initiated expression in the public schools—Tinker v. Des Moines Independent School District (1969).  

Conservative Think Tank Loses Press Access Lawsuit Against Wisconsin Governor

The MacIver Institute sued Wisconsin Governor Tony Evers in 2019 after his office allegedly refused to invite reporters from the think tank’s news arm, MacIver News Service, to press briefings. On April 9th, the United States Court of Appeals for the Seventh Circuit sided with the Governor after finding his office had acted on viewpoint-neutral policies and that MacIver had failed to show evidence that the policy was applied in a discriminatory manner.

Constituents Sue Texas Attorney General For Blocking Them on Twitter

Filed in the United States District Court for the Western District of Texas Austin Division on April 8th, the complaint argues that because the Attorney General uses @KenPaxtonTX for “official purposes,” his account is a public forum and blocking users based on their viewpoint is a violation of the First Amendment.

New Mexico Judge Says Official Can’t Block Critical User from Facebook

In a ruling filed on March 11th, a New Mexico district judge dismissed a local official’s attempt to toss a lawsuit filed against him for blocking a constituent on his Facebook page. 

Student Facing Expulsion for Social Media Posts Sues Naval Academy

The 21-year-old claims he is being singled out because of his political beliefs, and that students who wrote posts advocating for violence against police officers were not punished. Though the First Amendment generally protects public university student's right to express themselves online, experts say the extent of those protections may be different in the context of military institutions.

A New Lawsuit Claims Kenosha Police Officers Are Selectively Enforcing Curfew

A new lawsuit filed on behalf of five Wisconsin residents claims that law enforcement officers in Kenosha County, Wisconsin are selectively enforcing an emergency curfew order on critics of the police. According to the complaint, of the over 150 peaceful protesters arrested in violation of curfew, not one was a pro-police demonstrator.

Trump Sued Again for Refusing to Unblock Certain Twitter Users

The lawsuit says that the President continues to exclude users who were blocked before his inaguration or cannot specify the tweet that provoked the block. According to the complaint, the President’s staff told the Knight Institute as recently as July 20nd that the President “does not intend to unblock persons who were blocked prior to his inauguration or who cannot identify a tweet that proceeded and allegedly precipitated the blocking.”