#first-amendment

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Brooklyn Eagle
1 day ago
Brooklyn

Judge strikes down NYS rule that bans giving food & water to voters

Federal judge voids NY law banning food/water for voters in line. [ more ]
#supreme-court
Above the Law
1 day ago
Law

How Appealing Weekly Roundup

Key point: Recent legal developments involving the Supreme Court and notable cases. [ more ]
www.nytimes.com
2 months ago
US politics

Supreme Court Stays Out of Dispute Over Drag Show at Texas University

The Supreme Court rejected the request from an L.G.B.T.Q. student group to hold a drag show on campus, citing no reasons.
Republican-led states are increasingly seeking to restrict drag show performances. [ more ]
www.nytimes.com
3 months ago
Digital life

Takeaways From the Supreme Court Arguments on Social Media Laws

The Supreme Court heard arguments on First Amendment cases regarding internet company content moderation laws in Florida and Texas.
Both liberal and conservative justices expressed interest in further fact-finding on how the laws would operate before making a final decision. [ more ]
www.mercurynews.com
3 months ago
Law

Protected beeps? Supreme Court declines to decide if California may ticket drivers for honking a horn

Honking a car horn can be considered protected speech under the First Amendment in certain situations.
The Supreme Court declined to hear the appeal from a Californian who received a ticket for honking during a protest, arguing that anti-honking laws can be unconstitutional. [ more ]
www.nytimes.com
3 months ago
Tech industry

Here's the latest on the arguments.

The Supreme Court will consider if tech platforms like social media sites have the right to make editorial judgments.
The cases involving Florida and Texas laws aim to protect conservative speech by restricting social media content removal based on views. [ more ]
www.nytimes.com
3 months ago
US politics

Supreme Court to Hear Free Speech Challenges to Social Media Laws

The Supreme Court will define social media companies' rights to limit user posts, impacting free speech online.
Ruling against tech platforms could lead to more diverse viewpoints but also increase hate speech and disinformation. [ more ]
moresupreme-court
#tiktok
Social Media Today
5 days ago
Marketing

US Apeals Court Fast-Tracks Hearing Over TikTok Sell Off

The U.S. Court of Appeals will hear TikTok's case in September regarding potential ban amid national security concerns. [ more ]
Engadget
4 days ago
Marketing

The TikTok ban law will be argued in court this September

TikTok fights US law, appeals court hearing set for fall [ more ]
Fast Company
1 week ago
Marketing

TikTok ban vs. First Amendment: Legal experts explain

TikTok sued the U.S. government for violating the First Amendment by forcing the divestiture of the company, claiming it restricts their right to select content. [ more ]
Theregister
1 week ago
Marketing

DoJ and ByteDance ask court to speed up ruling on TikTok ban

Department of Justice and Bytedance seek expedited court decision for TikTok divestment or ban case. [ more ]
Above the Law
2 weeks ago
Marketing

TikTok's Free Speech Argument Has Support Among Legal Scholars

The First Amendment might shield TikTok against the divestment requirement due to lack of evidence of real harm. [ more ]
ABC7 San Francisco
2 weeks ago
Marketing

TikTok content creators sue the US government over law that could ban the popular platform

Content creators suing U.S. government over TikTok ban, citing First Amendment rights violation. [ more ]
moretiktok
#julian-assange
The American Conservative
1 week ago
Right-wing politics

Assange Wins Delay, but 'Punishment by Process' Continues

Julian Assange's extradition to the United States was blocked, but he remains detained in Britain, facing prolonged psychological torture. [ more ]
New York Post
1 week ago
London

WikiLeaks founder Julian Assange can appeal US extradition order: UK court

Julian Assange can appeal extradition to the US on espionage charges, prolonging the legal process. [ more ]
morejulian-assange
#journalism
Slate Magazine
1 week ago
Media industry

The DOJ Is Making a Huge Mistake Censoring a Journalist Who Embarrassed Fox News

Court orders prohibiting news publication are severe First Amendment violations. Florida prosecutors labeling news as 'contraband' to prevent publication raises constitutional concerns. [ more ]
www.nytimes.com
3 months ago
Media industry

The Case That Could Change Social Media, and an Evacuation Plan for Parts of Gaza

The New York Times Audio app offers journalism and storytelling, available to Times news subscribers on iOS.
The app's Headlines feature provides a quick summary of the biggest stories from Times journalists in about five minutes. [ more ]
morejournalism
#free-speech
Inside Higher Ed | Higher Education News, Events and Jobs
1 week ago
Education

The litigation after the protest storm

Campus protests over Israel-Hamas war leading to lawsuits against colleges for alleged unfair treatment of protesters. [ more ]
www.nytimes.com
1 week ago
Education

After Anti-Israel Speeches, a Law School Curtails Graduation Traditions

CUNY Law School faced controversy over the decision to have no student speaker at the commencement ceremony, leading to backlash and withdrawal of scheduled guests. [ more ]
www.nytimes.com
2 weeks ago
Law

Opinion | Is There a Constitutional Right to Talk About Abortion?

The Supreme Court has vigorously protected free speech rights, expanding coverage even to controversial activities like refusing to pay union dues. [ more ]
Sacramento Bee
4 weeks ago
Black Lives Matter

Is my right to protest protected on university grounds? 'It depends,' California expert says

While the First Amendment protects the right to protest, there are limitations on California university campuses. [ more ]
Miami Herald
1 month ago
NYC LGBT

For free-speech sake, let controversial lawmaker ride in Pride Parade - and be booed again | Opinion

The case of Republican state Rep. Fabian Basabe highlights tensions between free speech and event organizers' rights.
Basabe's controversial actions have led to calls for resignation and a public debate on ethics in politics. [ more ]
www.nytimes.com
2 months ago
US politics

Justices Seem Likely to Side With N.R.A. in First Amendment Dispute

Supreme Court seems to support NRA's argument of First Amendment violation by NY official
Case involving government advocacy and free speech rights highlighted in Supreme Court [ more ]
morefree-speech
#social-media
Fast Company
1 week ago
Remote teams

Do managers have a right to fire workers for divisive social media posts?

Employers can discipline or terminate employees for offensive social media posts; First Amendment protections do not apply in the private sector. [ more ]
Forbes
1 month ago
Black Lives Matter

Protests Can Trend On Social Media-Yet, Reactions Aren't So Supportive

Social media plays a crucial role in amplifying protests and spreading news quickly. [ more ]
Electronic Frontier Foundation
2 months ago
Privacy professionals

Lawmakers: Ban TikTok to Stop Election Misinformation! Same Lawmakers: Restrict How Government Addresses Election Misinformation!

Government and social media communication legality debated
Supreme Court case involving First Amendment and content moderation [ more ]
english.elpais.com
3 months ago
Parenting

Florida gets closer to banning social media for kids under 16

Florida Senate passed a bill banning minors under 16 from social media
Critics argue restrictions violate First Amendment and parental rights [ more ]
New York Post
3 months ago
Law

Ohio blocked from implementing law restricting children's use of Instagram, TikTok

A federal judge has blocked Ohio's law that requires parental consent for children under 16 to use social media platforms like Instagram and TikTok.
The judge agreed with NetChoice that the law violated minors' free speech rights under the First Amendment.
This ruling is part of a larger debate about how to protect young people online from the potential dangers of social media. [ more ]
moresocial-media
#freedom-of-speech
Electronic Frontier Foundation
2 weeks ago
Marketing

EFF Urges Ninth Circuit to Hold Montana's TikTok Ban Unconstitutional

Montana's TikTok ban violates the First Amendment according to EFF and others, as it restricts speech and imposes financial penalties on TikTok. [ more ]
www.nytimes.com
3 weeks ago
Education

How Is This Antisemitism Hearing Different From Ones on College Campuses?

K-12 leaders face similar challenges as college presidents regarding antisemitism and anti-Israel activism, differing in how pro-Palestinian speech is handled due to stricter standards in public schools. [ more ]
LGBTQ Nation
1 month ago
Education

An LGBTQ+ student was suspended for rapping an anti-gay slur. He's suing the school.

A 17-year-old LGBTQ+ student in Upstate New York is suing his school district for suspending him over using anti-gay slurs in a rap song he created to reclaim the words. [ more ]
Above the Law
1 month ago
Black Lives Matter

...And There Goes The Right To Assembly

The U.S. Supreme Court decision allows a Louisiana police officer to sue a Black Lives Matter activist, setting a risky precedent for public demonstrations. [ more ]
morefreedom-of-speech
#donald-trump
Above the Law
2 weeks ago
Law

Donald Trump: Still Gagged

Trump's gag order upheld by court despite his repeated violations and ongoing legal challenges. [ more ]
Truthout
1 month ago
Left-wing politics

Georgia Judge Rejects Trump's Request to Drop Charges on First Amendment Grounds

Former President Donald Trump's request to dismiss election interference charges in Georgia was rejected on First Amendment grounds.
The court found that speech alleged to have been made in furtherance of criminal activity could lead to prosecution, even if addressing matters of public concern. [ more ]
Truthout
4 months ago
Law

Full District of Court of Appeals Rules Against Trump's Call to Lift Gag Order

The U.S. Court of Appeals for the District of Columbia has rejected Donald Trump's appeal regarding a gag order in his election subversion case.
None of the 11 members of the district court found Trump's First Amendment speech claims credible. [ more ]
New York Post
4 months ago
Law

Court won't rehear case that let special counsel comb Trump Twitter account

A federal appeals court has denied Twitter's request to block prosecutors from accessing former President Donald Trump's account information.
Twitter was fined at least $350,000 for resisting the subpoena and was unable to inform Trump about the search warrant. [ more ]
moredonald-trump
#censorship
The American Conservative
3 weeks ago
Right-wing politics

Conservative Media Outlets Are Beating Back the State Department

Judge rejects dismissal of censorship lawsuit against U.S. State Department. [ more ]
Above the Law
2 months ago
Law

How Appealing Weekly Roundup

Apple lost Mandamus Transfer Action
Possible Supreme Court vs. FDA on First Amendment
Judge approves $125 million PACER fees settlement [ more ]
morecensorship
Washington Post
3 weeks ago
US news

D.C.'s largest high school allows pro-Palestinian film after lawsuit

The D.C. Public School system and Jackson-Reed High School agreed to end the ban on an Arab student group's pro-Palestinian documentary screening and cultural events. [ more ]
#california
Sacramento Bee
4 weeks ago
California

California GOP lawmakers call for stripping financial aid from violent student protesters

California Republican legislative leaders propose revoking state financial aid for students committing violent acts during campus protests. [ more ]
Global IP & Technology Law Blog
2 months ago
Privacy professionals

The California Age-Appropriate Design Code Act Enjoined

The District Court for the Northern District of California granted a preliminary injunction against the California Age-Appropriate Design Code Act.
The AADC raises First Amendment concerns due to compelled speech aspects and regulations on protected expression. [ more ]
Electronic Frontier Foundation
3 months ago
Privacy professionals

EFF to Court: Strike Down Age Estimation in California But Not Consumer Privacy

EFF challenges the constitutionality of California's Age Appropriate Design Code (AADC) in a court case.
EFF supports data privacy provisions in the AADC but argues that the age estimation scheme and vague terms make the law unconstitutional. [ more ]
Tech Policy Press
4 months ago
Privacy professionals

Reviewing Amicus Briefs Filed in Appeal of California Age Appropriate Design Code Act Injunction | TechPolicy.Press

The Age Appropriate Design Code Act in California, which seeks to create a safer online space for minors, has been preliminarily enjoined due to First Amendment concerns.
California Attorney General Robert Bonta has filed an appeal arguing that the lower court mischaracterized the Act as speech regulations instead of economic regulations. [ more ]
morecalifornia
The Verge
1 month ago
Left-wing politics

Republicans release tech executives' internal communications

Conservatives are leveraging a report to align a narrative about Biden's administration potentially violating the First Amendment through backchannel communications with social media platforms, linked to a pending Supreme Court case. [ more ]
Inside Higher Ed | Higher Education News, Events and Jobs
1 month ago
Education

Armed crackdowns on student protesters evoke the Vietnam era

The heavy use of force by police on college campuses during pro-Palestinian demonstrations is alarming. [ more ]
#tiktok-ban
www.theguardian.com
1 month ago
Marketing

Senate passes bill banning TikTok if parent company does not sell it

Senate passes bill to ban TikTok or force sale to US company, giving ByteDance one year to comply before deletion from US app stores. [ more ]
time.com
1 month ago
Marketing

The House TikTok Ban Is an Empty Threat

The proposed TikTok ban by the House of Representatives may face legal and practical challenges.
TikTok has taken significant measures to secure data on American users to address concerns about Chinese government exploitation. [ more ]
www.fastcompany.com
5 months ago
Marketing

A federal judge just upheld Texas' ban of TikTok on state-owned devices

A federal judge in Texas upheld the state's TikTok ban on official devices and networks.
The ban was challenged by The Knight First Amendment Institute at Columbia University on the grounds of violating the First Amendment. [ more ]
moretiktok-ban
www.mercurynews.com
1 month ago
Black Lives Matter

Protests that snarled Golden Gate Bridge, I-880 spur question about penalties

Public pressure for tougher consequences on highway-blocking protests is increasing. [ more ]
www.theguardian.com
1 month ago
Education

Florida can't ban teacher from asking students to use her preferred pronouns, judge rules

Federal judge rules in favor of transgender teacher's right to use preferred pronouns in Florida school despite state law
Ruling highlights First Amendment issues in relation to laws dictating public school teachers' speech [ more ]
Above the Law
1 month ago
Artificial intelligence

Sorry, Trump, But That's Not How The First Amendment Works - See Also

Attacking a judge's family isn't protected speech
Biglaw firms expanding into new markets [ more ]
#trump
Above the Law
1 month ago
Law

Trump Fails To Persuade Court That Attacking Family Members Is 'Core First Amendment' Speech

The gag order in the New York hush money case was expanded to cover family members of the judge and the district attorney.
Despite evidence that refutes the claims, Trump and his lawyers continue to push for the expansion of the gag order. [ more ]
www.mediaite.com
2 months ago
Left-wing politics

Trump Lawyer Alina Habba Attacks Biden On Fox News In Rant About Election Crimes Case Accuses Him Of Racketeering

Alina Habba accused Biden and Garland of racketeering for prosecuting Trump
The court hearing focused on the claim that the indictment relates to First Amendment rights [ more ]
moretrump
Electronic Frontier Foundation
2 months ago
Privacy professionals

U.S. Supreme Court Does Not Go Far Enough in Determining When Government Officials Are Barred from Censoring Critics on Social Media

Supreme Court crafting a test for 'state action' on social media by government officials
Challenges in determining state action on social media for public officials [ more ]
#us-supreme-court
www.npr.org
2 months ago
Law

Supreme Court examines whether government can combat disinformation online

Supreme Court hearing on First Amendment in the internet age
5th U.S. Circuit Court ruling against key government officials contacting social media companies [ more ]
New York Post
4 months ago
Privacy professionals

Supreme Court rejects X Corp.'s bid challenging US surveillance disclosures

The US Supreme Court rejects Elon Musk's X Corp's request to publicly disclose information about federal law enforcement investigations.
The lower court ruled that the FBI's restrictions on what X Corp can say about investigations do not violate their free speech rights. [ more ]
moreus-supreme-court
Electronic Frontier Foundation
2 months ago
Privacy professionals

SXSW Tried to Silence Critics with Bogus Trademark and Copyright Claims. EFF Fought Back.

Austin for Palestine Coalition has been in conflict with SXSW regarding trademark and copyright claims.
The First Amendment protects the right to use trademark parodies in political statements, according to the Rogers test. [ more ]
WIRED
2 months ago
Privacy professionals

Porn Sites Need Age-Verification Systems in Texas, Court Rules

Texas can enforce age-verification systems on porn websites while excluding health warnings provision.
Appeals court found age-verification requirement legitimate in preventing minors' access to pornography, not violating the First Amendment. [ more ]
Slate Magazine
2 months ago
Digital life

Why the Supreme Court Is So Uniquely Awful at Tech Cases

New technologies amplify online disinformation, impacting real-life conflict.
Courts face challenges in addressing election integrity threats posed by social media and disinformation. [ more ]
#ron-desantis
Above the Law
2 months ago
Law

Ron DeSantis Trades Getting Butt Kicked By Trump For Getting Butt Kicked By Trump Judges

DeSantis faced legal losses in attempts to implement controversial policies.
DeSantis' attempted bans on workplace trainings were rejected by the Eleventh Circuit. [ more ]
The American Conservative
3 months ago
Right-wing politics

What Is Going On With the Ron DeSantis Redemption Arc?

Disney's lawsuit against Florida Governor Ron DeSantis has been dismissed due to lack of standing.
DeSantis's victory in the lawsuit is seen as a significant win for him and marks a redemption in his political career. [ more ]
www.nytimes.com
4 months ago
US politics

Appeals Court Finds DeSantis Violated Prosecutor's First Amendment Rights

A federal court of appeals ruled that Florida Governor Ron DeSantis violated First Amendment protections by suspending a progressive state prosecutor for political gain.
This ruling undermines DeSantis' claims of strong-arm leadership in his presidential campaign. [ more ]
moreron-desantis
#court-ruling
Advocate.com
2 months ago
Law

Trump judge tosses DeSantis's 'Stop Woke Law,' and calls it 'First Amendment sin'

The 11th Court of Appeals struck down Florida's 'Stop Woke Law' component.
The law aimed to restrict discussions on race, privilege, and discrimination in schools and workplaces. [ more ]
Baltimore Sun
4 months ago
Law

Panel of federal judges says a First Amendment challenge to Maryland's digital ad tax should be considered

The U.S. Court of Appeals for the 4th Circuit has directed a lower federal court to consider a challenge to Maryland's digital advertising tax on First Amendment grounds.
The law, which taxes companies like Facebook and Google for digital ads on the internet, has faced opposition from Big Tech and is being closely watched by other states. [ more ]
morecourt-ruling
www.mercurynews.com
2 months ago
East Bay (California)

Hayward man charged with hate crime for allegedly burning Israeli flag during protests

Arson, robbery, grand theft, and hate crime charges filed against a man for burning an Israeli flag during a protest.
District Attorney clarifies that the First Amendment does not protect actions like threats, intimidation, and property damage. [ more ]
www.nytimes.com
3 months ago
US politics

Charges Against Two White Nationalists Are Dismissed as Selective Prosecution'

Selective prosecution based on political ideology is unconstitutional.
First Amendment protection applies to all groups, regardless of beliefs. [ more ]
Above the Law
3 months ago
Law

It Takes Two To Make Money! - See Also

Top Biglaw M&A Lawyers
Missouri's misunderstanding of the First Amendment [ more ]
#lawsuit
www.nytimes.com
4 months ago
US politics

Federal Judge Dismisses Disney Lawsuit Against DeSantis

A federal judge has thrown out a lawsuit filed by Disney against Florida Gov. Ron DeSantis, claiming that DeSantis violated the First Amendment by taking over a special tax district that encompasses Walt Disney World.
Disney and DeSantis have been at odds for nearly two years over Disney World, with DeSantis taking over the tax district and ending the company's ability to self-govern the park. Disney plans to appeal the ruling. [ more ]
Sacramento Bee
4 months ago
California

Business groups sue to block California environmental laws. Lawmaker says it's 'straight up climate denial.'

The U.S. Chamber of Commerce and the California Chamber of Commerce are suing to block two state corporate climate accountability laws from going into effect.
The lawsuit argues that the laws violate the First Amendment by compelling companies to engage in speech and regulating an area outside California's jurisdiction. [ more ]
ABA Journal
4 months ago
Law

Arrested citizen journalist wasn't 'martyr' for journalism, 5th Circuit says in tossing her First Amendment suit

Qualified immunity protects police and prosecutors in a lawsuit filed by a citizen journalist arrested for publishing nonpublic information.
The 5th U.S. Circuit Court of Appeals at New Orleans ruled in favor of the defendants' qualified immunity, tossing the citizen journalist's suit. [ more ]
Newsmax
4 months ago
Law

Federal Court Takes Up Big Tech Challenge to Maryland's Digital Ad Tax

A federal appeals court has directed a lower court to consider the challenge to Maryland's digital advertising tax on First Amendment grounds.
Other states considering a similar tax are closely watching this case. [ more ]
morelawsuit
New York Post
4 months ago
US politics

Biden's Big Brother teams are now watching what you BUY - hope you pay in cash

The Biden administration has secretly expanded surveillance of Americans' purchases.
Purchases of books and religious texts are now being targeted as potential extremist indicators. [ more ]
Above the Law
4 months ago
Law

Florida Has Yet Another Unconstitutional Social Media Bill; Wants To Ban Kids From Social Media

The Florida legislature has a history of passing unconstitutional bills that violate the First Amendment.
The latest bill, HB 1, seeks to ban social media use for minors under the age of 16, but it has been deemed unconstitutional elsewhere. [ more ]
Advocate.com
4 months ago
Books

Texas book ban law is likely unconstitutional, appeals court rules

A federal appeals court ruled that a Texas law requiring booksellers to review books for sexual content before selling them to schools is likely unconstitutional and cannot be enforced.
The Texas law, known as the READER Act, requires vendors to rate books for sexually explicit or sexually relevant material and restricts the sale and circulation of such materials in school libraries. [ more ]
The Seattle Times
4 months ago
Law

Panel of judges says a First Amendment challenge to Maryland's digital ad tax should be considered

A federal appeals court has directed a lower court to consider the merits of a challenge to Maryland's digital advertising tax on First Amendment grounds.
The other three challenges to the tax should be dismissed, according to the appeals court. [ more ]
Electronic Frontier Foundation
5 months ago
Law

Internet Archive Files Appeal Brief Defending Libraries and Digital Lending From Big Publishers' Legal Attack

A 1998 federal law criminalizing access to digital works for lawful purposes is unenforceable and violates the First Amendment.
Technical standards incorporated into public law can be freely disseminated without liability for copyright infringement. [ more ]
www.berkeleyside.org
5 months ago
Education

Lawsuit intensifies spotlight on free speech controversies at UC Berkeley

UC Berkeley is facing a debate about First Amendment protections and religious intolerance amid the tragedy in the Middle East.
The debate has led to a discrimination lawsuit against the UC system and a broader debate over the boundaries of First Amendment protections. [ more ]
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