OpEds
There’s no ‘disinformation’ exception to the First Amendment | The Hill
Misinformation and disinformation retain the basic characteristics of speech. Unless they fall into one of very few exceptions, they are protected from censorship under the First Amendment. Consistent with those very limited exceptions, any effort by the government to prevent the dissemination of ideas or opinions, even if they are based on untruths, is unconstitutional.…
Read MoreJack Smith’s requested gag order, like judicial orders restricting Trump’s speech, seeks to balance constitutional rights | The Conversation
In each of former President Donald Trump’s four indictments, he has been allowed to stay out of jail before his trial so long as he abides by certain conditions commonly applied to most people accused of crimes in the U.S. In the federal case in Washington, D.C., that concerns Trump’s alleged efforts to overturn the…
Read MoreJack Smith’s Trump indictment goes where free speech ends and criminal conspiracy begins | The Hill
Before Monday’s additional state indictment in Georgia, former President Trump stood accused in federal court of criminal conspiracy to subvert the 2020 presidential election results. Conspiracy charges, by their very nature, include communication. But on the second page of the federal indictment, in the third enumerated paragraph, the prosecution attempts to make clear that Trump is not being…
Read MoreWhat the First Amendment really says – 4 basic principles of free speech in the US | The Conversation
Elon Musk has claimed he believes in free speech no matter what. He calls it a bulwark against tyranny in America and promises to reconstruct Twitter, which he now owns, so that its policy on free expression “matches the law.” Yet his grasp of the First Amendment – the law that governs free speech in the U.S.…
Read MoreThere is no First Amendment right to violence | New York Daily News
In his farewell address to Congress, Rep. Adam Kinzinger chastised his Republican colleagues for justifying the Jan. 6 attack on the Capitol as “legitimate political discourse.” As the Jan. 6 Committee report made clear, while the message of Trump supporters might be protected political speech, the medium used by the insurrectionists — violent attacks on…
Read MoreCommentary: Here’s what diversity is about, Justice Thomas | Albany Times Union
Dear Justice Thomas, I am a professor at Syracuse University. I teach argumentation, advocacy, and First Amendment theory. During oral arguments in the affirmative action cases brought by Students for Fair Admissions against the University of North Carolina and Harvard University you are quoted saying, “I’ve heard the word ‘diversity’ quite a few times, but…
Read MoreThe Anti-Abortion Movement’s Attempt to Criminalize Abortion Speech | Ms. Magazine
Censorship is a dirty word in America, and so it should be. It imposes silence upon speech, creating an empty void which instead should be filled with debate and discussion. As anti-abortion lawmakers continue to draft legislation to limit abortion access, opponents of new bans are horrified by the sweeping prohibitions lurking within—such as proposals that…
Read MoreCommentary: Limiting commercial speech would be way to fight gun manufacturers | Albany Times Union
In a recent article, “Gun sellers’ message to Americans: Man up,” the New York Times wrote, “Gun companies have spent the last two decades scrutinizing their market and refocusing their message….The sales pitch — rooted in self-defense, machismo and an overarching sense of fear — has been remarkably successful.” That’s correct, but legislatures might have…
Read MoreAbortion Rights Advocates Can Still Count on the First Amendment | Ms. Magazine
If (when) federal constitutional protections for abortions fall, each individual state will have the power to craft its own restrictions on the procedure. Still, the First Amendment might be able to offer a bit of cover to those who seek an abortion as a life choice. Justice Alito’s leaked opinion in Dobbs v. Jackson Women’s Health Organization even offers a…
Read MoreDepp v Heard: The jury’s burden | The Hill
Millions of dollars were at stake in the voyeuristic defamation case between Johnny Depp and Amber Heard. But if either of them believed this action was going to salvage their reputations and vindicate them, they were sadly mistaken. They were also mistaken if they believed this was going to be a cake walk for either of them.…
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