Why university presidents find it hard to punish advocating genocide − college free speech codes are both more and less protective than the First Amendment | The Conversation

If a student were to walk off the Harvard campus and onto a street in the city of Cambridge, Massachusetts, and argue for the genocide of Jews, the U.S. Constitution would bar prosecuting her for hate speech. If the same student left her perch on the sidewalk and returned to the Harvard campus to continue…

Read More

Supreme Court to consider giving First Amendment protections to social media posts | The Conversation

The First Amendment does not protect messages posted on social media platforms. The companies that own the platforms can – and do – remove, promote or limit the distribution of any posts according to corporate policies. But all that might soon change. The Supreme Court has agreed to hear five cases during this current term, which ends in…

Read More

Jack 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 More

Indoctrination, Orthodoxy and The First Amendment | Medium

Whether it comes from the right or the left, viewpoint discrimination is poison to democracy. And these days, it is coming from both sides. It is positively Orwellian — each side hopes it can exorcize words and phrases from the lexicon and thereby purge unwanted perspectives from our collective thoughts. Each seeks to cancel the…

Read More

There 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 More

Unpacking Trumps lawsuit against social media giants: Facebook, Twitter and YouTube | Medium

How can former President Trump, through his attorneys, argue that even though Facebook, Twitter, and YouTube are private (albeit publicly traded) companies, they none-the-less must abide by the First Amendment? Mr. Trump’s frames his class action lawsuit against Facebook, Twitter, and YouTube as a clarion call for First Amendment protection against censorship. Censorship is an…

Read More