First Amendment
Federal Court Enjoins California Ban on Deepfake Election Parodies
Matt KristoffersenPlaintiff Christopher Kohls, who has produced ostensibly humorous, computer-manipulated videos like Kamala Harris making statements that she is “the ultimate diversity hire,” argued that the law is an overbroad, content-based restriction on speech — and that it inappropriately limits false statements about the government. Judge Mendez agreed.
Threats to the Media in the Second Trump Term
George FreemanWhile we can also draw on his first term as a guide, the sad truth is that this second administration is likely to be far worse and far more hostile to the press and to First Amendment values: He’s learned from his first four years; he will only have yes-men surrounding him, no experts and…
Court SLAPPs County’s Suit to Restrain Publication of Text Messages
Linda Riedemann NorbutIn a significant victory for press freedom and a reaffirmation of First Amendment protections, a Florida court recently dismissed a lawsuit filed by Escambia County seeking to compel the return of text messages from County Commissioner Jeff Bergosh’s personal phone.
9th Circuit Affirms Dismissal of Claimed Censorship Case Against Facebook and Fact-Checking Organizations Brought by RFK, Jr. Group
Daniela Abratt-CohenThe Court held the district court properly dismissed a case filed by Children’s Health Defense, a nonprofit organization founded by Robert F. Kennedy, Jr., that advocates against vaccines, finding that it failed to a state a claim that fact-checks, and other restrictions, regarding its ability to post and fundraise on Facebook violated the First Amendment…
Stars and Stripes and the Union Jack
George FreemanMLRC Executive Director on how flag burning could influence the presidential election; and ponders just what makes London, site of the upcoming MLRC Conference, such an unusually pleasurable city.
First Circuit Denies Qualified Immunity in First Amendment Retaliation Case
Marc J. RandazzaThe decision in Berge v. Sch. Comm. of Gloucester, (1st Cir. July 15, 2024), underscores the robustness of free speech protections and marks a rare application of an exception to qualified immunity where the public official’s acts were obviously unconstitutional.
“Vanderpump Rules” Revenge Porn Lawsuit May Proceed, Judge Rules
Matt KristoffersenJudge Crowley reasoned that Madix did not have her boyfriend’s consent to access the contents of his phone.
Beware the Attacks on the First Amendment by a Trump Presidency
George FreemanThe MLRC stands ready to help in whatever way it can.
Ten Questions to a Media Lawyer
Kevin GoldbergFreedom Forum First Amendment specialist on his start in the business, conversations with Fidel Castro and Hugo Chavez, why he avoids the term "weaponizing the First Amendment," and more.
First Amendment Lawsuit Forces Jail Policy Changes, Prompts National Call to Action
Paula Knudsen BurkeA journalist’s First Amendment lawsuit against a county in western Pennsylvania has resulted in a settlement agreement requiring local officials to revise policies that prevent jail employees from speaking publicly without the warden’s permission.