First Amendment
Press Freedom and Public Broadcasting: NPR v. Trump and the Limits of Executive Authority
Katie Townsend, Tate Rosenblatt, and Ellie SchwieteringThe 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
George FreemanI 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
Sydney GriffithIn 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
George FreemanOvercoming 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
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?