First Amendment News

First Amendment News

Yes, this is Free Speech Week (October 19-25).  ______________________________________ “[C]ourts have extended the immunity in §230 far beyond anything that plausibly could have been intended by Congress.” — Rod Smolla, 1 Law of Defamation §4:86, p. 4–380 (2d ed. 2019)  In his lone opinion respecting a denial of certiorari in Malwarebytes, Inc. v. Enigma Software Group, USA,... Read more Read more


First Amendment News

“First, defenders of a free press must collect historical evidence that draws Thomas’s thesis into question on its own originalist terms. Second, the merits of the methodology itself, the originalist approach, must be attacked at the same time.”   — Matthew Schafer  (July 2020) Some seven months ago First Amendment News had a post titled “Living Originalism... Read more Read more


First Amendment News

For those who missed it, FAN 272 had an extensive list of new and forthcoming 2020-21 books. _________________ Philadelphia has decided that the Archdiocese of Philadelphia can believe what it likes about marriage, so long as it speaks and acts to the contrary. Such a conflict was anticipated in Obergefell, was exacerbated by the Third... Read more Read more


First Amendment News

This issue of First Amendment News is dedicated to the memory of Justice Ginsburg. Read more


First Amendment News

In this special issue, we offer a wide range of new and forthcoming books on free expression. Read more


First Amendment News

Last week the First Amendment community lost a giant in the area of free speech litigation: John  H. Weston. Read more


First Amendment News

Oregon's most distinguished jurist, for whom I once clerked (1980-81), died last week. Hans Arthur Linde was 96. Read more


First Amendment News

FIRE has just announced the forthcoming release of “Mighty Ira: A Civil Liberties Story.” Read more


First Amendment News

"or doctrinal and practical reasons, the 'cure' for a First Amendment violation cannot be worse than the disease in terms of its effect on speech." Read more


First Amendment News

Clearview AI hires Floyd Abrams and more news. Read more



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