First Amendment
L*t’s G* Br*nd*n: The First Amendment Semiotics of Political Euphemism
Zoe Takala“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
Michael J. LambertIn 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
George FreemanThe 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.
In Defense of Intermediaries
Jeff HermesWhat should we make of intermediaries that yield to government pressure? It is important to remember that intermediaries are victims alongside the speakers who are silenced, when their choices are forcibly subordinated to the government’s viewpoint.
A Major Unconstitutional Assault: A Bias Monitor Installed by the White House at a News Division
George FreemanThe spectre of a state controlled, or even influenced, media is a horrific one. It goes against the very heart of the First Amendment. Who knows if a government assigned “bias monitor” at our historically most revered news division is the first or last step.
Nattering Nabobs, Fake News, and Now Pentagon Papers 2.0: Responding to Trump’s War on the Press
George FreemanHow can the media defend itself against a White House with an intentional strategy of demeaning the press and impugning its credibility, with no hesitation about lying?
Hunting for the Logic of FSC v. Paxton
Jeff HermesThe categories “obscene as to minors” and “pornography” are not synonymous, and this decision threatens a wide array of valuable albeit adult-oriented content. And even if this case were limited to porn, you should still care because the disingenuous manner in which the Court reaches its result threatens the integrity of First Amendment jurisprudence as…
Free Speech and Artificial Intelligence
Jeff HermesMessages generated by artificial intelligence present fascinating questions because they can seem like “speech from nowhere,” challenging our preconceptions not only of freedom of speech but of what communication is in the first place. However, focusing on the interests underlying the First Amendment reveals that not much changes from a free speech perspective, because it…
D.C. Judge Blocks Trump Executive Order Targeting WilmerHale
Matt Kristoffersen“The cornerstone of the American system of justice is an independent judiciary and an independent bar willing to tackle unpopular cases, however daunting,” wrote Judge Leon. “The Founding Fathers knew this!”
Murrow, McCarthy, Moran … and Clooney
George FreemanThe historical parallels are startling between Murrow/McCarthy and the present day: the dangers and abuse of political power, corporate greed and lameness, and—the good news—journalistic courage.