Topic
first amendment
2,545 published works
PrawfsBlawg
First Amendment concerns on the other side of SB8
Main Tuesday, August 31, 2021First Amendment concerns on the other side of SB8It appears that a Texas state court has issued a TRO prohibiting a named individual (not Mark Dickson)…
PrawfsBlawg
Understanding cheering speech
Main Tuesday, August 31, 2021Understanding cheering speechFrom Will Leitch at New York Magazine, on Mets players "booing" fans (through a thumbs-down) following a good play in reaction to fans booing…
Media Law Prof Blog
Blitz on Deepfakes and Other Non-Testimonial Falsehoods: When Is Belief Manipulation (Not) First Amendment Speech? @OCULAW
March Jonathan Blitz, Oklahoma City University, has published Deepfakes and Other Non-Testimonial Falsehoods: When is Belief Manipulation (Not) First Amendment Speech? 23 Yale J.L. & Tech. 160 (2020). Here is…
Media Law Prof Blog
Henricksen on Disinformation and the First Amendment: Fraud on the Public
Wes Henricksen, Barry University School of Law, has published Disinformation and the First Amendment: Fraud on the Public. Here is the abstract.If one deceives another in a manner that profits…
Food Safety News
Circuit courts differ over whether lies to access property are protected by the First Amendment
By Dan Flynn
A verbose 10th Circuit has split with the 8th Circuit over whether lying is constitutionally protected speech. The disputed ground between the Denver-based 10th Circuit and the St. Louis-based 8th…
Appellate Advocacy Blog
Social Media, State Action, and the First Amendment
In a climate of extreme partisanship and polarization, platforms such as Facebook and Twitter – with the express authorization of Congress under Section 230 of the Communications Decency Act –…
Constitutional Law Prof Blog
Sixth Circuit Upholds Tenured Prof’s Termination, Rebuffs Due Process, First Amendment Claims
Steven D. Schwinn, University of Illinois Chicago School of LawThe Sixth Circuit ruled that the University of Louisville did not violate procedural due process or free speech when it disciplined…
PrawfsBlawg
The distraction of standing
Main Saturday, August 14, 2021The distraction of standingOne problem with standing is that it is constitutionalized merits. A second problem, that derives from the first, is that it provides courts…
PrawfsBlawg
Jack Phillips goes on defense and no one complains
Main Thursday, August 05, 2021Jack Phillips goes on defense and no one complainsI stumbled across this while doing research for my SB8 paper. I think it illustrates my point that…
The Right Coast
The First Amendment Doesn t Protect Big Tech s Censorship – WSJ
Does the Constitution require Americans to accept Big Tech censorship? The claim is counterintuitive but the logic is clear: If you submit a letter to this newspaper, the editors have…