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first amendment
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Supreme Court Update
Lindke v. Freed (No. 22-611) and O’Connor-Ratcliff v. Garnier (No. 22-324), Wilkinson v. Garland (No. 22-666), FBI v. Firke (No. 22-1178)
By Tadhg Dooley, David R. Roth
We’re back to round up last week’s decisions. Lindke v. Freed (No. 22-611) and O’Connor-Ratcliff v. Garnier (No. 22-324), in which the Court (kind of) addressed when a public official’s…
The Right Coast
Censorship in the Group Quota Regime
As Philip Hamburger, whose New Civil Liberties Alliance s pioneering First Amendment jurisprudence helped the plaintiffs in Murthy successfully make their case in the lower courts, recently cautioned:&the current censorship…
Simple Justice
The Only Person Ever Arrested
It was a longshot, but somehow 72-year-old Sylvia Gonzalez managed to pull it off. She was elected to the city council of Castle Hill, Texas on a platform of going…
Last Month at the Supreme Court
Supreme Court Continues Examination of the Intersection Between Editorializing and Censorship
By Chantel Febus, James Azadian, Christopher Sakauye, Monika Harris, Puja R. Valera, Dykema
In Netchoice v. Paxton, a companion case to Moody, the Supreme Court considers whether the First Amendment prohibits viewpoint-, content-, or speaker-based laws (1) restricting select websites from engaging in…
K-12 Legal Insights
In Bed with Book Vendors: Fifth Circuit Upholds Preliminary Injunction Against Texas’ Sexual Book-Rating Law
By John W. Borkowski, Aleks Ostojic Rushing, Eric Locker
In 2022, state and local governments banned 2,571 different books. This is more books than were subject to such bans in the previous three years combined (2,436). Most of these…
Simple Justice
First Grade Orthodoxy
Rarely will there be a federal court opinion addressing the free speech rights of a first grader, mostly because most parents are sufficiently aware of the damage involving a child…
Constitutional Law Prof Blog
Court Hears Arguments in First Amendment Retaliatory Arrest Case
The Supreme Court hears oral arguments today in a case testing whether a local public official was arrested in retaliation for her free speech. Here's my argument preview, from the…
Supreme Court Update
Pulsifer v. United States (No. 22-340)
By Tadhg Dooley, David R. Roth
The Nine returned to action late last week, issuing decisions in three (well, really just two) closely watched cases: In Lindke v. Freed (No. 22-611) and O’Connor-Ratcliff v. Garnier (No.…
eDiscovery Today Blog
Generative AI and the First Amendment: Artificial Intelligence Trends
By Doug Austin
Should outputs from Generative AI under the First Amendment be considered protected speech? One law professor says they shouldn’t. The post Generative AI and the First Amendment: Artificial Intelligence Trends…
PrawfsBlawg
SCOTUS narrows when officials act under color online
Main Monday, March 18, 2024SCOTUS narrows when officials act under color onlineSCOTUS on Friday decided when public officials can block people from their social-media pages. Lindke v. Freed (from the…