First Amendment

The Second Circuit Finally Presses Record

Florida Takes Aim at The New York Times’ Editorial Independence

Journalistic tradition – and the Times’ fairly incredible record – does not warrant the kind of interference Florida posits. More realistically, in the context of our polarized environment and Florida politics, this looks like a totally unsupported infringement by government into the independent press.

Tennessee Supreme Court Orders Unsealing of Judicial Disqualification Records and Adopts Compelling-Interest Standard for First Amendment Right of Access

Though the opinion is not a slam dunk—notably, the Court incorporated aspects of the “good cause” standard for protective orders into its compelling-interest analysis—it is nonetheless an important win for access rights in the state.

Press Freedom and Public Broadcasting: NPR v. Trump and the Limits of Executive Authority

The ruling reaffirms longstanding First Amendment principles that the government may not use its spending power to punish disfavored speech or coerce editorial outcomes.

Jimmy Kimmel II: The President and the FCC Go Rogue

I firmly believe that most people in this country, even diehard MAGA supporters, do not believe the President should have power over who their late-night entertainers are, or that he can get a television host fired over one joke he did not like, even about him or his family.

North Carolina Federal Court Upholds State Ban on Ballot Selfies

In Hogarth v. Bell, the court narrowed the case to the plaintiff’s in-booth conduct, treated the polling place as a nonpublic forum, and upheld the challenged statutes as reasonable, viewpoint-neutral restrictions.

The Assault on Freedom for the Thought — and Speech — We Hate: Stifling, Restraining and Punishing Criticism and Protests

Overcoming Trump's authoritarian maneuverings to shut up all dissenting views and shut down all opponents will be a prolonged fight. It will only be won if those being stifled and restrained, including media companies and law firms, take collective action and work together in a courageous and cohesive way to resist those who would minimize…

L*t’s G* Br*nd*n: The First Amendment Semiotics of Political Euphemism

“Let’s Go, Brandon’s” journey from broadcast gaffe to political totem lays bare a dilemma in treating student speech: when minors in public schools use language tinged with — or descended from — vulgarity to make a political point, where does free speech end and school authority begin?

Federal Court Permanently Blocks Unprecedented Texas Book Rating Law

In a case of first impression, the court granted summary judgment this fall in favor of a coalition of booksellers, publishers, and authors challenging Texas’s book rating law, HB 900 (the READER Act), and entered a permanent injunction enjoining key provisions of the statute.

Sally Jenkins and Bob Costas Hit Home Runs

The conversation between Hall of Fame sports journalists Sally Jenkins and Bob Costas was riveting to both sports fans and non-sports enthusiasts alike. But as many Broadway productions – and Gotham Hall is on Broadway – there was a lot of drama behind the scenes.