The Limits of Free Speech

The dangers of the tyranny of the majority have only magnified.

Freedom Of Speech Doesn’t Mean Freedom From The Consequences Of That Speech

The First Amendment protects the rights even of the people who gathered in Charlottesville to promote hatred and violence, However, it does not shield them from the consequences of that speech.

The ACLU is Right to Defend Free Speech for Awful People

Yes, even Nazis must have their rights to peaceful speech and assembly protected.

Did Police Do Too Little to Stop Charlottesville Violence?

Authorities are being second-guessed over their handling of Saturday’s protests. Virginia gun laws are the more obvious problem.

Federal Judge: Official Violated First Amendment By Blocking User From Her Facebook Page

A Federal Judge has ruled against an elected official who blocked a constituent from accessing her Facebook page.

Blocked Twitter Users Sue President Trump Alleging First Amendment Violation

Twitter users who have been blocked on the service by President Trump are suing him, claiming that their First Amendment rights have been violated.

Sarah Palin Sues The New York Times For Defamation

Sarah Palin has filed a defamation suit against The New York Times alleging defamation in an Editorial linking her to the January 2011 shooting of former Congresswoman Gabby Giffords. From the facts alleged, she appears to have a good case.

Federal Government Ends Effort To Strip Redskins Of Their Trademarks

In light of a recent Supreme Court decision, the Federal Government is ending its defense of an effort to revoke the trademarks of the Washington Redskins.

Supreme Court Strikes Down Bar On Secular Aid To Church-Run Schools

The Supreme Court ruled today that states may not exclude church-run schools from an aid program with a wholly secular purpose.

Supreme Court Strikes Down Law Barring Social Media Use By Sex Offenders

The Supreme Court rules that states cannot bar convicted felons from using social media sites.

Supreme Court: Denial Of Trademarks Because They Are ‘Disparaging’ Violates First Amendment

The Supreme Court has ruled that the Federal Government cannot deny trademark protection because a requested trademark is “disparaging” to a racial or ethnic group.

Twitter Users Blocked By @RealDonaldTrump Claim First Amendment Violation

If Donald Trump blocks you on Twitter does that constitute a First Amendment violation? Two Twitter users say yes, but their argument is very weak.

Supreme Court Considers Church-State Separation Case

The Supreme Court heard oral argument yesterday in a case dealing with whether Missouri can deny a religious school from participating in a program to make school playgrounds safer.

Milo Yiannopoulos And The State Of American Conservatism

Milo Yiannopoulos was a troll and a peddler in offensiveness, but the fact that he became a star on the American right was the result of a transformation of American conservatism that has been entirely unhealthy.

Supreme Court Appears Skeptical Of Law Barring ‘Offensive’ Trademarks

A majority of the Supreme Court appears to be skeptical of a Federal law barring trademark protection for “offensive” names and slogans.

Federal Judge Strikes Down Law Granting Special Protections To Same-Sex Marriage Opponents

Mississippi tried to provide special protection to opponents of same-sex marriage and transgender rights. A Federal District Court Judge, properly, finds the law to be unconstitutional.

On Donald Trump’s Contempt For The Rule Of Law And Freedom Of The Press

Donald Trump’s open contempt for the Rule of Law and Freedom of the Press should disqualify him from being considered an acceptable candidate for President.

Supreme Court Appears Poised To Hand Major Defeat To Public Employee Unions

After oral argument today in a high profile case, it appears likely that public employee unions are likely to suffer a major legal defeat later this year.

Federal Appeals Court Ruling Raises Doubts About Rulings Against Redskins Trademarks

A ruling in an unrelated case raises serious doubts about the law used to revoke the Washington Redskins trademarks because they are allegedly ‘disparaging.’

Appeals Court Upholds Law Barring Protests On Supreme Court Building Property

A Federal Appeals Court has upheld a 1949 law that bars protesters from the property around the Supreme Court building. This seems inconsistent with the Court’s recent First Amendment jurisprudence.

On Constitutional Language

Wherein I take the view that as our understanding of language changes, so too does our application of the Constiution.

Supreme Court Rules Constitution Guarantees Gay Marriage

The US Supreme Court has ruled 5-4 that the U.S. Constitution contains a right to same-sex marriage.

Supreme Court Says Texas Can Ban Confederate License Plates, Endangering Freedom Of Speech

The Supreme Court ruled that states don’t have to grant license plates that display the Confederate flag. Their decision has the potential to seriously harm the First Amendment.

D.C. Metro Bans All Political Ads Rather Than Run Mohammed Cartoon Poster

The agency that runs Washington D.C.’s mass transit has banned all political ads after Pamela Gellar attempted to run an advertisement featuring a drawing of Mohammed.

Supreme Court Tosses Out Conviction For “Threats” Made On Facebook

The Supreme Court has narrowed the means by which Federal prosecutors can prosecute someone for making statements online that could be perceived as threats.

Hillary Misrepresents Citizen’s United, Says She’ll Demand Promises To Overturn From Nominees

Hillary Clinton told supporters she’d require Supreme Court nominees to pledge to overturn Citizens United, a decision she completely misrepresented.

Supreme Court Upholds Campaign Finance Limitations In Judicial Elections

In a marked departure from recent cases, the Supreme Court rules that states can impose significant restriction on solicitation of campaign contributions in judicial elections.

The Bright Side of RFRA

We’re down to debating whether bigots should have to sell cakes to gay people.

Supreme Court Remains Silent In Case Involving Students Wearing American Flag Shirts

The Supreme Court declined to hear the appeal of three students disciplined for wearing American flag shirts on Cinco de Mayo

Sony Seeks To Scare Press Away From Publishing Information Obtained in Hacking Attack

Sony is warning the press not to publish material leaked by hackers, but it doesn’t have much of a legal leg to stand on.

Justice Department Won’t Force One Reporter To Testify, Faces A Choice On Another

The Justice Department won’t force James Risen to testify in a legal investigation, but faces a new choice in a different case.

Supreme Court To Decide If State Can Deny License Plate With Confederate Flag Design

The Supreme Court is set to decide if the state can deny a license plate with the Confederate flag design because it is “offensive.”

No, Michael Brown’s Stepfather Should Not Be Charged With Incitement To Riot

Michael Brown’s stepfather made incendiary comments in the wake of the Grand Jury announcement, but they do not amount to a crime.

Supreme Court Searches For Dividing Line Between Free Speech And Illegal Online Threats

The Justices of the Supreme Court seemed to struggle yesterday to find an easy way to draw a line between protected speech and the kind of threats that are not protected by the First Amendment.

Idaho City Backs Down In Dispute With Ministers Over Same-Sex Marriage

The City of Coeur d’Alene, Idaho will not force two Christian ministers to open their wedding chapel business to same-sex wedding ceremonies.

Idaho Ministers Threatened With Jail For Refusing To Perform Same-Sex Wedding Ceremonies

A collision between marriage equality and religious liberty, but it seems clear that religious liberty should win this one.

The Supreme Court Has A First Amendment Problem Right At Its Front Doorstep

The Roberts court has been very good on First Amendment issues, but it needs to address the First Amendment issue right outside its front windows.

Citizens United And Hobby Lobby Are About Individual Rights, Not ‘Corporate Rights’

Much of the criticism of Hobby Lobby, and Citizens United before it, is based on a fundamental misunderstanding of what those decisions stand for.

Supreme Court: Some Employers Can Refuse To Cover Contraceptives For Religious Reasons

Hobby Lobby wins, but it’s unclear just how far this opinion will go.

Supreme Court Strikes Down Abortion Clinic Buffer Zones

Another solid victory for the First Amendment from the Roberts Court.

Supreme Court: Public Workers Protected From Retaliation When Testifying Truthfully

The First Amendment protects government employees who testify truthfully.

Where’s The Line Between Protected Online Speech And Criminal Threats?

Next term, the Supreme Court will try to decide when online speech crosses the line and becomes a criminal threat.

Supreme Court Allows Challenge To Law Against Election “Lies” To Go Forward

A hopeful First Amendment decision from the Supreme Court.

Federal Judge Orders Cong. John Conyers Placed Back On Ballot

One of the longest serving Members of Congress just got his political career saved.

Texas High School Student Suspended For Refusing To Stand During Pledge Of Allegiance

A pretty clear violation of the First Amendment.

Virginia County Considers Banning People From Meeting In Their Own Homes

One Virginia county wants to regulate how many people you can have in your home for a visit.

Supreme Court Thinking About Whether People Can Be Fired For Telling Truth Under Oath

A bizarre case in Alabama highlights a more bizarre judicial precedent.

Michigan Mayor Permits ‘Prayer Stations’ At City Hall, Bans Atheists, Violates Constitution

Someone needs to give the Mayor of Warren, Michigan a lesson on what the First Amendment means.

Supreme Court Strikes Down Aggregate Limits On Campaign Contributions

Once again, the Supreme Court reminds us that limiting political speech is unconstitutional.

Supreme Court Declines To Hear About “I ♥ Boobies” Bracelets

The Supreme Court turns down a case dealing with student’s First Amendment rights.