The Supreme Court declined Monday to stop a police officer’s lawsuit against a Black Lives Matter activist who led the 2016 protest where he was injured by another individual.
Black Lives Matter activist DeRay Mckesson had asked the justices to decide whether the First Amendment prevents a protest leader from being held personally liable for violence perpetrated by another individual when the organizer “neither authorized, directed, nor ratified” the act.
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For all its gesticulations about “free speech,” the conservative mainstream often plays a supporting role in America’s censorship regime. It’s a two-step dance: The Right styles itself as the sworn defender of free speech and the mortal enemy of censorship while simultaneously downplaying or outright ignoring brazen censorship of speech that ventures a bit too far outside the Overton window. By claiming to defend all free speech in principle but only defending some in practice, the Right concedes, by omission, that certain ideas fall outside the bounds of free expression — and that it’s perfectly appropriate (or, at least, not particularly objectionable) to bring the full force of regime power to bear against any individual so unwise as to express them.
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Fulton County Superior Judge Scott McAfee on Thursday denied former President Donald Trump’s motion to dismiss the indictment against him and 14 co-defendants involving alleged efforts to overturn the 2020 election in Georgia.
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When you watch a political ad, often you’ll see a disclaimer of who the ad was paid for by, usually a political action committee, but what about the donors to the committee? Or the donor’s donors?
That’s the bridge that a San Francisco campaign finance law seeks to cross — now being challenged at the U.S. Supreme Court in No on E v. Chiu — and to prohibit an incredibly common practice in campaign finance, which are donations from anonymous sources.
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The Pacific Northwest has a message for foster and adoptive parents: Agree to affirm a child’s self-determined “sexual orientation, gender identity, and gender expression,” including using their preferred pronouns and taking them to Pride parades, or leave the program.
Washington state adopted new Sexual Orientation and Gender Identity/Expression (SOGIE) regulations after accepting a permanent injunction against the “nearly identical” Policy 6900 to settle a First Amendment lawsuit by would-be foster parents in July 2021, non-renewed foster parents claim in a new lawsuit.
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Elon Musk on March 21 in a post on the X platform outlined what he called “centrist” positions on issues like securing the border, protecting American cities, reducing federal spending, ending diversity, equity and inclusion (DEI) reverse discrimination policies, ending youth transgender surgeries and protecting freedom of speech under the First Amendment to the Constitution, saying these are not “right-wing” positions.
Musk wrote, “This is a battle to the death with the anti-civilizational woke mind virus. My positions are centrist: … Secure borders … Safe & clean cities … Don’t bankrupt America with spending … Racism against any race is wrong … No sterilization below age of consent … Is this right-wing?” In a second post in the thread, he added, “And, although it shouldn’t need to said, I believe in the Constitution and freedom of speech.”
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Mike Benz, former Trump State Department official and current executive director of the Foundation for Freedom Online, said the Supreme Court is going to have to exercise “bravery” as opposed to “wisdom” in its ruling of Murthy v. Missouri for the government censorship complex to be dismantled.
Murthy v. Missouri seeks to determine whether the government’s “challenged conduct transformed private social media companies’ content-moderation decisions into state action and violated respondents’ First Amendment rights” related to COVID-19 and the 2020 presidential election.
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Federal officials privately scold reporters and attempt to shape or even stop their coverage on a regular basis, without getting sued for First Amendment violations.
How close is that to White House aides privately and repeatedly badgering their counterparts at social media companies and President Biden publicly accusing Facebook of “killing people,” for insufficient censorship of disfavored narratives on COVID-19?
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The Supreme Court unanimously ruled Friday that there are circumstances when government officials can permissibly block a constituent from their social media pages, provided they are not claiming to speak on the state’s behalf.
The case, Lindke v. Freed, stemmed from Port Huron, Michigan, resident Kevin Lindke’s First Amendment lawsuit against city manager James Freed, who blocked Lindke from his Facebook page over comments criticizing the city’s response to COVID-19. While officials may look like they are “always on the clock,” not every encounter is “part of the job,” Justice Amy Coney Barrett wrote in the opinion of the court.
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Big Tech is back at the Supreme Court.
Appealing from a big loss they suffered at the 5th U.S. Circuit Court of Appeals, social media platforms are challenging Texas’ social media law that prohibits those companies from engaging in viewpoint discrimination when curating their platforms.
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The Arizona Supreme Court has placed a defamation lawsuit that Maricopa County Recorder Stephen Richer filed against Kari Lake on hold. The court said no more proceedings in the lawsuit can take place in the trial court until Richer responds to Lake’s Petition for Review she filed with the higher court. While higher courts don’t usually intervene until a case has made its way through trial court proceedings, Arizona State University’s Sandra Day O’Connor College of Law First Amendment Clinic joined Lake in her defense requesting that the lawsuit be dismissed, a sign the clinic may believe Richer’s lawsuit is without merit.
Lake told The Arizona Sun Times, “This is a censorship case — pure and simple. The government official suing me is being represented by Obama- and Soros-linked attorneys. Stephen Richer ran banana-Republic style elections in Maricopa County and he doesn’t want to be held accountable. His use of tyrannical lawfare is an assault on our freedom of speech and is election interference designed to distract me from the very important United States Senate race where I am the leading candidate. He is OK with the First Amendment being trampled so he can save face.”
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Advocates for faith won several major victories this year through the legislature and the court, despite a growing hostility toward religious communities.
There were several examples of anti-religious sentiment over the past year, some of which included an FBI-drafted memo targeting traditional Catholics as “potential domestic terrorists” and the University of West Virginia’s transgender training labeling Christians as oppressors. However, 2023 also boasted several victories for religious Americans in schools, the workplace and the pro-life movement.
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President Joe Biden’s administration is getting some big-name allies as it defends against a landmark free speech infringement lawsuit. Their argument: protecting Americans from indirect censorship by government officials undermines the First Amendment, national security, and public health.
Advocacy groups for journalists, academics, doctors, technologists, and big business, and a powerful senator, made various forms of these arguments in friend-of-the-court briefs to the Supreme Court in the days before and after Christmas.
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A defamation lawsuit that Maricopa County Recorder Stephen Richer filed against Kari Lake is being allowed to proceed, despite the fact Arizona State University’s Sandra Day O’Connor College of Law First Amendment Clinic joined Lake in her defense requesting that the lawsuit be dismissed. Richer’s lawsuit, which is being paid for by the Protect Democracy Project, accused Lake of falsely stating that he intentionally sabotaged the election. Approximately 300,000 ballots in the 2022 election lacked a chain of custody, a class 2 misdemeanor, but the county has strenuously fought litigation efforts to allow Lake to inspect the ballot affidavit envelopes and other requests from her and voter integrity groups related to the election anomalies.
Maricopa County Superior Court Judge Jay Adleman, who heard oral arguments on Lake’s Motion to Dismiss on December 19, issued his ruling denying the motion that same day. He indicated he already found Lake guilty without putting on a trial first. “In the Court’s view, Defendant Lake’s statements are ‘provably false’ under prevailing Arizona law,” he said.
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A Minnesota woman who was fired for refusing to take the COVID-19 vaccine and then denied unemployment benefits has asked the U.S. Supreme Court to hear her case, arguing that her First Amendment rights were violated.
“Religious belief is intimate and differs substantially among Americans. The promise of religious liberty in the First Amendment is that such differences may persist without punishment from the state. That promise is being broken in Minnesota,” James Dickey, senior counsel for the Upper Midwest Law Center, said in a petition filed with the court Monday.
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Dozens of protesters shut down an Edina School Board meeting Monday night in a show of support for two Edina High School students who were suspended for using an antisemitic chant during a walkout for Palestine Oct. 26.
The students were suspended for three days for chanting “from the river to the sea, Palestine will be free” during a student-led walkout in October. Protesters say the students’ First Amendment rights were violated and want the suspensions expunged from the students’ records.
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A wealthy suburb of Washington, D.C., doesn’t inherently object to shielding even older students from sexually mature material. It just doesn’t want to give the choice to parents.
Maryland’s Montgomery County Public Schools pulled a novel that celebrates a promiscuous gay teen sex columnist from high school libraries even as the district was arguing in court that parents cannot opt out their pre-kindergarten children from LGBTQ “storybooks” that portray sex workers, kink, drag, elementary-age romance and gender-identity transitions.
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Often, yours truly has expounded (okay, ranted) upon the term “narrative,” which is just an artful euphemism for “lie.” A device drawn from fiction, as opposed to non-fiction, it facilitates lying by eliding the need for providing the facts and proving the truth of one’s assertions. Consequently, it is a boon to propagandists, who can harp on a “narrative” ad nauseum to provoke and persuade the public to do as the purveyor of the lie seeks.
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State bars are coming under criticism for aggressively going after conservative attorneys and disciplining them, while looking the other way when it comes to legal abuses by left-wing attorneys. The Florida State Bar is pursuing disciplinary charges against decorated veteran Chris Crowley over remarks he made about his opponent Amira D. Fox in 2018 when he was campaigning against her for Office of the State Attorney in Florida’s 20th Judicial Circuit. Most state bars have an ethics rule, adopted from the American Bar Association’s model rules, that restricts attorneys from criticizing public officials, candidates for office, and judges.
A Florida attorney familiar with the case, who preferred not to be identified due to fear of retaliation, told The Arizona Sun Times, “The Florida Bar is now a political organization dominated by the progressive left. The Florida Bar picks and chooses which political speech to go after, depending on who is politically connected. This is a disgrace to the legal profession.” The source said Fox is part of the establishment.
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Free speech has long been one of the most sacred American values. Until recently, commitment to free speech in general was bipartisan and widespread. Almost every American from every political persuasion valued free speech.
There used to be some debate on the margins. Conservatives were wary of extending free speech protection to corrosive things like pornography, and liberals were wary of official speech endorsing religion. But, as recently as the 1990s, neither side believed its opponent should be censored, and the idea of exempting “hate speech” from the normal rule against censorship did not have much traction.
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The Walt Disney Company responded Monday to the state of Florida’s motion to get its lawsuit dismissed over what the company says is a violation of its free speech rights.
The court filing in the U.S. District Court for the Northern District of Florida says that Gov. Ron DeSantis “and his allies are engaged in an ongoing constitutional mutiny,” adding that the state openly rejects the First Amendment rule that a state cannot use official powers to punish opposing political views.
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Critics of a Connecticut law banning religious exemptions from school vaccination requirements have lost several rounds in federal court but are planning to ask the U.S. Supreme Court to take up the case.
A lawsuit, filed by We the Patriots USA Inc. on behalf of parents whose children attend a school at Milford Christian Church, argued that Connecticut violated their First Amendment rights by repealing the state’s long-held religious exemptions to childhood vaccines.
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Late Friday, the Supreme Court agreed to hear Missouri v. Biden, a case that may end the Biden administration’s circumvention of the First Amendment by outsourcing censorship to Big Tech. The case was initially filed by the states of Missouri and Louisiana, along with various private plaintiffs who allege that social media platforms censored them at the behest of federal agencies. U.S. District Judge Terry Doughty ruled for the plaintiffs on July 4, enjoining the agencies from communicating with platforms about “content moderation.” The Biden administration sought relief from the 5th Circuit Court of Appeals and lost again, making a Supreme Court clash inevitable.
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Special Counsel Jack Smith’s office’s requested gag order against former President Donald Trump is not quite as “narrowly tailored” as he claimed, legal experts told the Daily Caller News Foundation.
Prosecutors asked U.S. District Judge Tanya Chutkan on Sept. 15 to issue a “narrowly tailored” gag order barring Trump from making public statements that are “disparaging and inflammatory, or intimidating” toward any “party, witness, attorney, court personnel, or potential jurors,” as well as any statements “regarding the identity, testimony, or credibility of prospective witnesses.” The scope and circumstances surrounding the request — which a hearing scheduled for Monday will consider — are far outside what is normal in criminal trials, experts told the DCNF.
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One unexpected blowback from the medieval Hamas’s barbaric murdering of hundreds of Israeli civilians is the revelation of current global amorality.
More than 20 Harvard university identity politics groups pledged their support to the Hamas murderers—to the utter silence for days of Harvard President Claudine Gay.
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State bars have become notorious for bringing charges against conservative attorneys like Donald Trump’s former attorney and constitutional legal scholar John Eastman, but last week a California disciplinary court judge dismissed such politically motivated charges. California Bar Disciplinary Court Judge Dennis G. Saab ruled on October 3 that attorney Marla Anne Brown did not engage in professional misconduct by tweeting that looters should be shot, since it was protected free speech in her personal capacity.
“The highest priority of the State Bar of California is public protection,” said Brown’s attorney Jesse D. Franklin-Murdock. “The State Bar Court lived up to that promise by reaffirming that Ms. Brown has the same First Amendment rights that all lawyers have.”
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Fifty-six years after it exempted antiwar teenagers from First Amendment protections while on campus, a federal appeals court in America’s heartland affirmed students’ speech rights in public schools on an equally contentious subject today.
The St. Louis-based 8th U.S. Circuit Court of Appeals issued a preliminary injunction Monday against an Iowa school district policy that threatens suspension and expulsion for “intentional and/or persistent refusal … to respect” a peer’s gender identity, finding it’s likely too vague to survive legal scrutiny.
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To save America, first save the court system. Because it may be the last institution in the country doing its job — repelling progressive insanity. Four sound, sage judgments last Friday battered the Left all the way up from a local school district to the White House. Two of them made it a very bad day for the trans movement. But all stress the urgency of voting conservative to maintain righteous normalcy, far more than political circuses like last Wednesday’s Fox Business/Univision/RNC-mounted Republican Primary Debate.
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The Supreme Court announced Friday that it would hear two cases regarding social media laws in the states of Texas and Florida.
The laws attempt to forbid social media platforms from banning users based on political views, according to The Hill.
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Cooper Middle School in McClean, Virginia, gave students an age- inappropriate reading list for their 7th grade English class this year, a concerned parent told the Daily Caller News Foundation.
Students in the English class were assigned a wide variety of books on topics that spanned from illegal immigration to Black Lives Matter (BLM), according to a copy of the list. Although the reading list clarifies that students will not have to read every single book, one teacher at the middle school said students would have to choose books to read from the provided options unless a parent offered an alternate, school-approved book, an orientation video welcoming students to the class showed.
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A congressional report released by the House Committee on Education and the Workforce on Thursday describes the “long-standing and pervasive degradation of First Amendment rights” on college campuses.
The report, titled “Freedom of Speech and Its Protection on College Campuses,” details the committee’s findings on First Amendment violations such as “cancellations” of events to please “one-sided woke faculty and administrators.” The report provided legislation suggestions to protect freedom of speech and prevent a “plague of illiberalism,” including disclosure requirements of free speech policies and mandated neutrality to prevent colleges from commenting on public policy or social issues.
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Stefi Outlaw, the president of the local NEA affiliate in Clarksville, Tennessee, emailed the chairman of the Clarksville-Montgomery County Schools chairman Kent Griffy, and Mark Nolan an attorney regarding board member Aron Maberry. The claim she made was he used his official capacity as a board member to promote a “See You at the Pole“ prayer rally.
This raises a few interesting points. As a public official, using your public account probably provides more transparency to taxpayers. How much public business gets conducted behind the scenes with private emails? The use of private email for public business can be controversial and legally problematic in some cases.
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Elon Musk’s X Corp. sued California to block a law requiring social media companies to publish their content moderation policies, alleging it violates the First Amendment and coerces censorship.
X, formerly known as Twitter, asserted that California’s Assembly Bill 587 infringes upon its freedom of speech under the First Amendment and California’s state constitution, according to court documents. The law mandates social media companies release reports on how they moderate issues including hate speech, extremism, disinformation and misinformation.
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A federal judge has ruled that a Texas law requiring pornography sites to install age-verification measures violates the Constitution’s First Amendment prohibition against free-speech restrictions.
The law also requires such sites to prominently display warning labels about what some consider the dangers of porn.
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Maricopa County Recorder Stephen Richer filed a defamation lawsuit in June against Kari Lake on June 22 over her statements alleging election fraud in Maricopa County, and now ASU’s Sandra Day O’Connor College of Law First Amendment Clinic is joining Lake in her defense. The clinic co-authored a motion to dismiss with Lake’s attorneys, which was filed on August 21.
Jennifer Wright, one of Lake’s attorneys who previously served as the Election Integrity Unit civil attorney for the Attorney General’s Office, said in a statement provided to The Arizona Sun Times, “In 2022, the legislature strengthened laws protecting the rights of citizens to speak freely on matters of public concern. Richer’s lawsuit is precisely the kind of abuse of the legal system the law was designed to stop. I have every confidence the court will agree, and dismiss the lawsuit.”
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A medical nonprofit and two California doctors are suing the state medical board to block a law requiring mandatory implicit bias training in continuing medical education.
“Under the First Amendment to the United States Constitution, the government cannot compel speakers to engage in discussions on subjects they prefer to remain silent about,” the suit argued.
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Constitutional law expert Hans von Spakovsky has seen his share of questionable prosecutions in his distinguished career.
But he says he’s seen few more abusive than this week’s indictment brought by far left Fulton County, GA, District Attorney Fani Willis against former President Donald Trump.
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In a post to his locals.com page Georgia attorney Robert Barnes took subscribers on a little trip down memory lane about the 2020 Georgia election challenges.
As Mr. Barnes explained, detailed affidavits filed by the Trump campaign established the veracity of the claims. Short version: Constitutionally unqualified voters cast Constitutionally unqualified ballots that were Constitutionally unqualified canvassed and counted in far excess of the margin of victory — indeed, more than 10 times the margin of victory. Unlawfully, Fulton County courts blocked the case from ever being heard.
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The Arizona Supreme Court launched a Task Force on Countering Disinformation in 2019 that is raising concerns. It is the first state court system in the country to establish one. The task force has issued two reports with recommendations since its launch.
The task force members include some partisans, and none of them appear to be conservative.
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Idaho professors and teachers unions are alleging that a state law violates their First Amendment rights by preventing them from teaching pro-abortion viewpoints, according to a lawsuit filed Tuesday by the ACLU.
Idaho passed the No Public Funds for Abortion Act in 2021, which prohibits state contracts with abortion providers and bans public employees from promoting abortion, according to Idaho’s legislative website. Public employees who violate the law can be charged with a felony and fired, and professors argue the law has forced them to alter their course modules by taking out entire sections related to abortion due to fear of repercussions, according to the lawsuit.
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Congress and First Amendment supporters have condemned the Twitter Files recently after it came out that government agencies colluded with social media companies to censor information on controversial topics that went against the government’s position. A federal judge in July barred the federal government from communicating with social media companies after two Republican attorneys general sued, but now some Democratic attorneys general, including Arizona’s Kris Mayes, are joining the lawsuit in support of the government.
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A U.S. District Court judge allowed a Utah law requiring age verification for porn websites to remain in effect, dismissing a lawsuit that argued the legislation infringed on the First Amendment and individual privacy, according to a press release.
The Free Speech Coalition (FSC) filed a lawsuit on May 3 after a law went into effect in the state of Utah that required porn websites to use age verification screening or face potential civil suits from Utah citizens. Judge Ted Stewart dismissed the lawsuit Tuesday, allowing the law to remain in place, but FSC announced that they plan to appeal the decision, according to a press release.
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“If the allegations made by Plaintiffs are true, the present case arguably involves the most massive attack against free speech in United States’ history.”
That is what federal judge Terry Doughty wrote in his decision ordering a number of Biden administration officials and agencies from communicating censorship requests to social media companies.
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A Catholic sidewalk counselor petitioned the Supreme Court Friday to reverse a prior ruling that permits states to enforce laws targeting pro-life counseling outside abortion clinics.
In response to the Supreme Court overturning Roe v. Wade in June 2020, Westchester County, New York passed a law creating a 100-foot “buffer zone” outside abortion clinics where it is illegal to approach another person to engage in “oral protest, education, or counseling” without consent. The law is similar to one the Supreme Court upheld in its 2000 Hill v. Colorado decision, which sidewalk counselor Debra Vitagliano, backed by Becket Law, now asks the justices to overrule.
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The House Judiciary Committee on Monday sent a letter to Meta CEO Mark Zuckerburg asking questions about possible censorship occurring on Threads, Meta’s latest social media platform.
“Given that Meta has censored First Amendment-protected speech as a result of government agencies’ requests and demands in the past, the Committee is concerned about potential First Amendment violations that have occurred or will occur on the Threads platform,” Committee chairman Jim Jordan, an Ohio Republican, wrote in the letter.
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Silicon Valley community college officials said “White gays and lesbians” were not welcome in its LGBT center, called Jews “White oppressors” and refused repeated requests to address antisemitism, and forced staff to mouth a “land acknowledgment” that misidentified local indigenous tribes, according to a former diversity official.
The First Amendment lawsuit by Tabia Lee builds on allegations she made against De Anza College, Foothill-De Anza Community College District and officials after they declined to renew her contract this spring, which she called retaliation for challenging its “empty ‘antiracism’ gesture[s]” that reinforce racial stereotypes such as the “noble savage” and for acting like “an ‘uppity’ Black woman.”
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A federal judge denied the Biden administration’s attempt to pause an injunction that bars federal officials from communicating with social media companies for the purposes of censoring protected speech on Monday.
The Biden administration appealed Western District of Louisiana Judge Terry A. Doughty’s July 4 injunction on Wednesday, also requesting an emergency order to pause the injunction while the appeal is pending on Thursday night. Doughty denied the administration’s emergency order Monday, finding that plaintiffs would likely succeed in proving the government colluded with social media companies “to engage in viewpoint-based suppression of protected free speech.”
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A Louisiana federal judge on Tuesday ordered the Biden administration to limit its contact with social media platforms, determining that the government likely violated the First Amendment by working to censor disfavored political viewpoints online. Judge Terry Doughty, a Trump appointed U.S. District Court judge, issued a preliminary injunction barring federal officials and agencies from contacting social media firms to seek the removal of protected speech, Politico reported.
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Christian groups applauded the Supreme Court’s ruling Friday that held “The First Amendment prohibits Colorado from forcing a website designer to create expressive designs speaking messages with which the designer disagrees.”
Organizations, including the Catholic League, Family Research Council, and the Becket Fund for Religious Liberty, submitted friend of the court (amici) briefs in support of 303 Creative, the custom website design business owned by Lorie Smith.
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The disputed 2020 election now appears in the rearview mirror for YouTube, which is now determining what users can see relevant to the next election.
The Alphabet-owned, video-sharing site and Google sibling has censored at least two videos, and may be throttling a third, featuring Democratic presidential candidate Robert F. Kennedy Jr. shortly after ending a two-and-a-half-year ban on questioning the “integrity” of the last presidential election, saying it accomplished little relative to the potential harm it caused.
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