First Amendment
A New Film: Floyd Abrams – Speaking Freely
George FreemanNot only to get pumped up, and more than just to learn some legal history, I urge all members to watch this film on September 22nd. It will renew your faith and dedication to the goals and principles we are striving for. Though the hero of the piece appears to be Floyd, the co-hero really…
Maine Governor Vetoes Legislation Requiring News Outlets to Establish Unconstitutional Censorship Process for “Foreign Government-Influenced” Political Communications
Sigmund D. Schutz, Alexandra A. Harriman, and Margeaux E. LavoieNo state has come closer than Maine to imposing on news outlets constitutionally fraught and onerous obligations to police and censor foreign-influenced spending on political advertising.
Arizona Law Banning Video Recording of Police Ruled Unconstitutional
Matthew E. KelleyRuling in favor of a coalition of news organizations, a federal judge has struck down an Arizona statute that would have made it a crime to record video of police within eight feet of them after being warned to stop.
Free Speech in the “Free State”
Rachel Fugate and Sarah PapadeliasFlorida's distorted First Amendment reality stems from a “war on woke” that attempts to eliminate certain viewpoints and has infected Florida’s legislative and executive decisions. Fortunately, federal courts have pulled Florida back from the First Amendment "upside down." However, there still is a long way to go.
Counterman v. Colorado: Good News for Sullivan Fans
Jeff HermesThe Court says explicitly that whether a statement is a threat does not depend on the intent of the speaker but upon the message received by the listener. However, scienter amounting to subjective recklessness is required in order to avoid chilling effects on other speech.
Ninth Circuit Holds Senator Warren’s Letter to Amazon Was Protected as Persuasive Speech
Margaret N. StrouseAlthough Sen. Warren used “strong words,” her word choice and tone were a persuasive “call to action” consistent with elected officials’ right to “forcefully criticize” other speakers.
The Supreme Court’s Next Target: Social Media
Clay CalvertIn late April, the U.S. Supreme Court agreed to hear two cases affecting citizens’ ability to sue government officials who block them on social media. When the court tackles O’Connor-Ratcliff v. Garnier and Lindke v. Freed (likely this fall), it should embrace a rule that enhances, not constrains, the First Amendment right to engage with…
Utah Becomes First State to Regulate Social Media Use by Minors
David C. ReymannThe two laws have drawn national attention in part because of the increasing focus on supposed harms social media platforms are causing minors, but also because they test, if not far exceed, the outer constitutional limits of regulating private speech.
Texas District Court Enjoins Netflix Prosecution
Samuel CalkinsJudge Truncale concluded that the film was likely constitutionally protected by the First Amendment and that the claim that the film contains child pornography is flawed.
Fourth Circuit Halts “Election Libel” Prosecution, North Carolina Law Likely Unconstitutional
Benjamin RossiIn a strongly worded opinion, the Fourth Circuit Court of Appeals last week vacated a district court’s denial of a preliminary injunction against a state prosecution of Josh Stein, North Carolina’s Attorney General.