First Amendment
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.
First Amendment & Defamation Claims Against NewsGuard Dismissed With Prejudice
Amir C. TayraniThe decision reaffirms multiple important principles of First Amendment and defamation law, including the fundamental distinction between private conduct (which is protected by the First Amendment) and state action (which is constrained by the First Amendment), the non-actionable status of expressions of opinion, and the high bar that public figures such as Consortium News must…
Trump’s Assault on the Media and Law Firms, and How We Should React
George FreemanWhy Trump's attacks on the media and on law firms are both unconstitutional and unfounded, and what all lawyers — and especially media lawyers — can do about them. And a fond remembrance of former New York Times executive editor Max Frankel.
Arkansas Age-Gating Law Is Permanently Enjoined
Jeff HermesThe decision was a complete win for NetChoice, declaring that the law was a content- and speaker-based restriction that failed strict scrutiny and was moreover unconstitutionally vague.
Novel First Amendment Case Alleges PETA’s Right to Receive Communications from Monkeys in Federal Lab
Ashley RidgwayGovernment-funded laboratories confine and experiment on millions of animals each year, including highly intelligent primates. A federal court could soon decide whether Americans have the right to receive their communications, in response to an animal advocacy group’s groundbreaking lawsuit.
Truth, Information Quality, and the Increasingly Complex Work of the MLRC
Jeff HermesThe value of truth is not always as useful a signpost as it once was when thinking about the First Amendment.