First Amendment
Eleventh Circuit Declares Florida’s “Stop W.O.K.E. Act” a Constitutional Sin
Daniela Abratt-CohenIn Honeyfund.com, Inc. v. Governor of Fla., the Court found unconstitutional a Florida law that prohibits mandatory workplace meetings and trainings that endorse a viewpoint the government finds offensive.
The Supreme Court Rules on Social Media Blocking
Jeff HermesIn a unanimous ruling, the U.S. Supreme Court enunciated the standards by which a court should determine whether a public official’s action in preventing someone from commenting on the official’s social media page constitutes state action.
The Supreme Court Hears the NetChoice Cases
Jeff HermesWhatever happens here, it seems unlikely that we will see a straight thumbs-up or thumbs-down on the constitutionality of the state laws.
Calling Someone Racist Not Defamatory
Michael S. AndersonIn affirming dismissal, the Court of Appeals held that the characterization of a particular statement as “racial” or “racist” constitutes non-actionable opinion protected by the First Amendment.
Fifth Circuit Affirms Preliminary Injunction Against Texas Prosecution of Netflix
Miranda A. CassidyThe Fifth Circuit concluded that the rule which ordinarily requires federal courts to abstain from interfering in state criminal prosecutions did not apply, due to the evidence that Netflix’s prosecution was the product of “bad faith” on the part of Tyler County District Attorney Lucas Babin.
Fifth Circuit Court of Appeals Affirms That Texas Book Rating System Is Unconstitutional
Laura Lee PratherUnlike the oral argument which focused primarily on the unconstitutional definitions and the workings of the rating scheme, the ruling leaned into a surgical analysis of standing, ripeness, and sovereign immunity that dissected each of the State’s arguments as to government speech, the government operations doctrine, and warning labels in great detail.
PEN America, Penguin Random House First Amendment Lawsuit Over Book Removal Moves Forward
Ojasvinee SinghThe lawsuit challenges the removal and restriction of books from school libraries on First Amendment free speech and Fourteenth Amendment equal protection grounds.
Why MLRC Filed an Amicus Brief at the Supreme Court
Jeff HermesThe NetChoice cases could be as fundamental to the future of online discourse as Times v. Sullivan has been to journalism.
Maine Newspapers, Broadcasters Challenge Law Requiring “Due Diligence” on Advertisers Before Running Political Ads
Sigmund D. Schutz and Alexandra HarrimanA new Maine law that bans political advertising by foreign government-influenced entities has a remarkable feature of special concern for news organizations: it enlists news outlets to enforce the ban.
Journalists’ Civil Rights Claims for Abuses During George Floyd and Daunte Wright Protests Can Go to Trial
Isabella Salomão Nascimento, Pari McGarraugh, and Kevin RiachAll told, the Court’s decision is an unqualified victory for Plaintiffs in this case, their fellow journalist colleagues, and the First Amendment writ large.