Incitement to Violence and The Big Lie | Medium

The work of the January 6 committee serves as a masterclass on the power, potency, and purpose of the First Amendment: to subject all ideas, bad and good, to review and debate as an exercise in discovering the truth. But as some of us watch the televised hearings, we might wonder if the First Amendment…

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Another Win for the First Amendment | Medium

In a working democracy, the people retain rights and the government exercises power. The government is often called upon to assert its power when individual rights clash: my right to speak, even to speak hatefully, vs your right to live a life in the pursuit of happiness; or my right to own a gun vs…

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Sarah Palin’s Duplicity and the Actual Malice Standard | Medium

Malice is intentional. It is designed to injure. Actual malice, a misnomer if ever there was one, is a constitutional standard applied in defamation actions that does not include the intent to cause harm. Sarah Palin is suing the New York Times for defamation, specifically libel, which is the written form of defamation; slander is the verbal…

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Censorship of the News in the News | Medium

Project Veritas has largely won the first two rounds in a lawsuit against the New York Times that goes to the very heart of our First Amendment freedoms of speech and press. Project Veritas promotes itself as a “non-profit journalism enterprise …[that] investigates and exposes corruption, dishonesty, self-dealing, waste, fraud, and other misconduct in both public and private…

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Bear Spray and Speech | Medium

Certainly, those who attacked the Capitol on January 6, 2021, had something to say. The exact content of their messages might have differed: some wanted to express their (mistaken) belief that the presidential election was fraudulent, others were simply angry that Donald Trump lost the election, and some were opportunists who used the false flag…

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The Politics of Defamation | Medium

Families tyrannized by Alex Jones, far-right radio show host and founder of Infowars, recently won a libel suit against him. The families are seeking monetary compensation for Jones’ false claims that the massacre of children and staff at the Sandy Hook Elementary School in December 2012 was a hoax. (Jones has asserted his intent to appeal the…

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