TikTok filed a lawsuit against the U.S. government for a violation of the First Amendment, aiming to prolong the time before being forced to sell or be banned. [ more ]
TikTok content creators sue the US government over potential ban
Content creators on TikTok are taking legal action against the U.S. government in response to a new law requiring ByteDance to sell assets or face a ban. [ more ]
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 ]
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 ]
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 ]
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 ]
Eight TikTok creators file their own suit against the divest-or-ban law
The lawsuit challenges the potential impact on creators' speech if TikTok is banned, emphasizing the platform's unique characteristics for expression. [ more ]
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 ]
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 ]
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 ]
Supreme Court denies conservative challenge to California ban on conversion therapy
The Supreme Court declines to hear a challenge to bans on conversion therapy for LGBTQ children, leaving laws in California, Washington, and 20 other states intact.
The Alliance Defending Freedom (ADF), a Christian conservative legal advocacy group, represented Brian Tingley in the challenge and argued that prohibiting conversion therapy is a violation of the First Amendment. [ more ]
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 ]
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 ]
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 ]
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 ]
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 ]
He Cursed at a Police Officer. Now He's Caught in a Free Speech Fight.
The incident involving Tony Rupp at Chef's Restaurant led to a legal battle centered around First Amendment rights and free speech.
The case against the city and police commissioner could set a significant precedent regarding citizens' ability to criticize public officials. [ more ]
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 ]
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 ]
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 ]
Florida Attorney General Argues for Removing LGBT Library Books
Florida's government is arguing that school districts have the First Amendment right to remove LGBTQ books.
The argument that public-school libraries convey the government's message is being made in lawsuits over the removal of books in school libraries. [ more ]
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 ]
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 ]
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 ]
In Landmark Battle Over Free Speech, EFF Urges Supreme Court to Strike Down Texas and Florida Laws that Let States Dictate What Speech Social Media Sites Must Publish
The Electronic Frontier Foundation argues that a 1998 federal law criminalizing access to digital works for lawful purposes is unenforceable and violates the First Amendment.
The EFF is urging the Supreme Court to reverse a ruling that allows the Justice Department to censor a platform's ability to publish information about government data requests. [ more ]
LGBTQ+ rights group sues over Iowa law banning school library books, gender identity discussion
Families in Iowa are suing to stop a new law that bans LGBTQ+ content in school libraries and prohibits discussions of gender identity in the classroom.
The law seeks to silence LGBTQ+ students and erase LGBTQ+ representation in public schools.
The lawsuit argues that the law violates free speech and equal protection rights. [ more ]
The D.C. Circuit Court Revealed the Huge Flaw in Trump's Gag Order Claim
The oral argument in the U.S. Court of Appeals highlights the issue of Judge Tanya Chutkan's limited ban on Donald Trump's pretrial free speech rights.
The court debated on the level of threat needed to issue a gag order and the potential impact on future political speech.
There is concern that limiting Trump's outbursts and interference may set a precedent for future cases. [ more ]