By all means, let’s cheer these heartening signs of the backbone and integrity of everyday Americans in the face of once unthinkable attacks on our democracy. But best…
Read more Donald Trump’s Disingenuous Promise to Champion Free SpeechFrom Nat’l Ass’n of Diversity Officers in Higher Ed. v. Trump, decided today by Fourth Circuit Chief Judge Albert Diaz, joined by Judges Pamela Harris and Allison Rushing:…
Read more Fourth Circuit Rejects Facial Challenge to Two Trump Anti-DEI Executive OrdersMiami Beach Mayor Steven Meiner delivers his annual State of the City address on Wednesday, Feb. 4, 2026, at the New World Center in Miami Beach. Carl Juste…
Read more Four Miami Beach commissioners didn’t attend mayor’s State of the City addressThe proposal would add a new Business and Professions Code section that would say, in relevant part (emphasis added): It is the duty of an attorney using generative…
Read more Ban on AI-Generated “Biased, Offensive, or Harmful Content” in Law Practice Passes California Senate, 39-0It’s a pretty obvious way to think about it, but I thought it might be the sort of obvious that was still worth making explicit: Imagine a right-wing…
Read more One Way to Think About the Don Lemon ProsecutionReaders of the blog likely recall this lawsuit, brought by climate scientist Michael Mann against columnist Mark Steyn, blogger Rand Simberg, the National Review, and the Competitive Enterprise…
Read more Sanctions Award to Defendants in Mann v. Steyn Defamation CaseSo WPLG Local 10 (Miami) [Ryan Mackey] reported Friday. Apparently, [A] Facebook post by [Steven] Meiner, who is Jewish, … he described Miami Beach as “a safe haven…
Read more Miami Beach Police Chief Defends Detectives’ Visit to Activist over Facebook Post About MayorFrom Christensen v. Carter, decided today by Judge Edmund Sargus (S.D. Ohio): Mr. Christensen enrolled at OSU as an undergraduate student in the fall of 2024. At that…
Read more Ohio State Student’s Posts Urging “Resistance and Escalation” in Response to Israel’s Actions in Gaza Protected by First AmendmentSanderson v. Hanaway, decided today by Eighth Circuit Judge Jane Kelly, joined by Judges James Loken and Ralph Erickson, struck down part of a Missouri law that provides,…
Read more Requiring Registered Sex Offenders to Post Signs on Halloween Saying “No Candy or Treats at This Residence”This year, the fight over free expression in American higher education reached a troubling milestone. According to data from the Foundation for Individual Rights and Expression, efforts to…
Read more Push for Censorship on Campus Hit Record Levels in 2025 | RealClearPolitics2025 was the year of remedial education for the Colorado General Assembly. Since legislators in the majority just can’t seem to understand the First Amendment, they got schooled…
Read more Colorado got schooled by the courts on our constitutional freedoms, again in 2025 (Opinion)Talk show host Jimmy Kimmel took aim at U.S. President Donald Trump as he warned Thursday about the rise of fascism in an address to U.K. viewers dubbed…
Read more Jimmy Kimmel defends free speech in ‘alternative Christmas message’ for BritainWASHINGTON — The Supreme Court’s conservatives signaled Tuesday they are likely to rule for Republicans and President Trump by throwing out a Watergate-era limit on campaign funding by political…
Read more Supreme Court poised to strike down Watergate-era campaign finance limitsFrom the Joint Pre-Trial Memorandum in McQuade v. UMass Memorial Health Care, Inc., the plaintiff’s position: In the summer of 2020, a position at UMass Memorial’s Heart Vascular…
Read more $115K Defamation Verdict Over Workplace Accusations of Domestic AbuseFrom Trump v. CNN, Inc., decided today (correctly, I think) by Judges Adalberto Jordan, Kevin Newsom, and Elizabeth Branch: In 2022, Plaintiff-Appellant Donald J. Trump filed a defamation…
Read more Eleventh Circuit Rejects Trump’s Defamation Lawsuit Over CNN 2022 “Big Lie” StatementThis new article is here. The Introduction: In the wake of the mega-million-dollar settlement of U.S. Dominion’s defamation action against Fox News over the network’s broadcast of false…
Read more Journal of Free Speech Law: “The Fox Effect? Implications of Recruiting Corporate Law to Combat Misinformation,” by Lili LeviFrom Helmann v. Codepink Women for Peace, decided June 13 by Judge Stephen Wilson (C.D. Cal.), but just posted on Westlaw: This case arises out of the events…
Read more CodePink Social Media Posts with Inverted Red Triangle Urging Protest Outside Synagogue Could Be Punishable Threats of ViolenceWas it a solicitation of violence or free speech? A federal jury in Alexandria, Virginia, has sided with a man who suggested someone should kill President Donald Trump.…
Read more Jury clears Virginia man charged with soliciting assassination of President Trump – WTOP NewsColorado Court of Appeals decisions were for a long time not available on Westlaw, and even access to them on the court’s own site was limited. They have…
Read more “When You Soon Return to Allah”: “Harmless Islamic Reference[] About Life and Death” or an “‘Absolute’ and ‘Direct’ Threat” to Ex-Wife?Democratic Sen. Jeff Merkley of Oregon has been speaking on the Senate floor for more than 12 hours after announcing he would protest what he called President Donald…
Read more Democratic senator protests Trump’s ‘grave threats’ in marathon overnight floor speech