First Amendment Watch • 16th March 2023

Twitter Barred from Disclosing ‘National Security’ Information Requests, Ninth Circuit Says

The FBI restricted what Twitter could publish in its biannual “Transparency Report,” but the U.S. Court of Appeals for the Ninth Circuit ruled March 6 in a 2-1 decision that it was not a violation of the company’s freedom of speech.

First Amendment Watch • 10th March 2023

An ‘Assault on the First Amendment’: Recent Legislation in DeSantis’ Florida

Two Florida bills filed by State Rep. Alex Andrade, a Gov. Ron DeSantis ally, on the same day in late February represent “a full-fledged assault on the First Amendment,” says Bobby Block, executive director of the First Amendment Foundation.

First Amendment Watch • 3rd March 2023

Trump Isn’t Immune to Capitol Riot Lawsuits, the Department of Justice Says

In an amicus brief filed March 2 in the U.S. Court of Appeals for the District of Columbia, the U.S. Department of Justice told the federal appeals court that former President Donald Trump should not be immune to the civil-damages lawsuits filed against him by legislators and injured Capitol police as a result of the Capitol riots on Jan. 6, 2021.

First Amendment Watch • 1st March 2023

Murdoch & Friends: Revelations from an Unsealed Dominion Filing in Suit Against Fox

The recently unsealed filing in Dominion Voting Systems’ defamation lawsuit against Fox includes revelations into internal conversations at the network, and its knowledge that Donald Trump’s claims of a fraudulent presidential election in 2020 were false, but aired them anyway.

First Amendment Watch • 22nd February 2023

Key Takeaways of Supreme Court Oral Arguments in Gonzalez v. Google

During almost three hours of oral arguments Feb. 21, the U.S. Supreme Court discussed for the first time a case that questions Section 230 protections. The case looks at the liability of social media platforms and search engines regarding speech hosted on their sites, and if recommendation algorithms could be responsible for aiding terrorist activity.

First Amendment Watch • 17th February 2023

Fox News Hosts Didn’t Appear to Believe 2020 Election Fraud Claims, a Newly Released Filing Shows

Top Fox News executives and on-air personalities expressed concern over Donald Trump’s fraudulent election claims in 2020, but the network continued to air the falsities anyway, according to a brief made public Feb. 16 in Dominion Voting Systems’ defamation lawsuit against the network.

First Amendment Watch • 17th February 2023

Electronic Frontier Foundation’s David Greene Weighs In on Section 230 and Online Speech

The Supreme Court will hear oral arguments in two cases pivotal to online speech: Gonzalez v. Google on Feb. 21 and Twitter, Inc. v. Taamneh on Feb. 22. Both cases question the liability of social media platforms and search engines regarding speech hosted on their sites, and if recommendation algorithms could be responsible for aiding terrorist activity.

First Amendment Watch • 14th February 2023

Livestreaming Police during a Traffic Stop is Protected Speech, Fourth Circuit Says

A North Carolina man sued a police department and two officers for violating his First Amendment right to record and livestream as a passenger during a traffic stop. The U.S. Court of Appeals for the Fourth Circuit ruled Feb. 7 that livestreaming the police is protected speech.

First Amendment Watch • 6th February 2023

Federal Judge Dismisses the Trump Campaign’s Defamation Lawsuit Against the Washington Post

President Donald Trump’s 2020 campaign sued The Washington Post in 2020 for what it said were false accusations in two articles that the campaign had conspired with foreign governments to interfere with the 2016 election. A federal judge dismissed the lawsuit Feb. 3, ruling the Trump Campaign did not adequately plead the factual basis of actual malice for one of the articles. The other article, said the judge, was protected opinion.

First Amendment Watch • 2nd February 2023

Student Can Wear ‘Jesus Loves Me’ Face Mask; Mississippi School District Settles Lawsuit

A Mississippi public school district agreed to retract a policy in a settlement Jan. 25 after it violated a third grader’s First Amendment right to wear a face mask to school with “Jesus Loves Me” written on it.

First Amendment Watch • 27th January 2023

Fifth Circuit to Decide if Texas Citizen Journalist’s Arrest Violated the First Amendment

The U.S. Court of Appeals for the Fifth Circuit heard arguments en banc Jan. 25 in the case of a Texas citizen journalist who was arrested for asking a police officer a question. Legal observers are watching this case which pits free speech against the qualified immunity protections of public officials.

First Amendment Watch • 18th January 2023

DeSantis Didn’t Violate Court Order Blocking ‘Stop WOKE’ Act, Federal Judge Rules

A federal judge ruled Jan. 12 that Florida Gov. Ron DeSantis’ administration did not violate an order blocking the academic provision of the “Stop WOKE” Act, which restricts race-based discussions in higher education classrooms.

First Amendment Watch • 13th January 2023

Police Review Board Member Ousted for 'Abolish Police' Sticker Sues; City of Tallahassee Seeks to Dismiss

The City of Tallahassee filed a motion to dismiss a lawsuit on Jan. 5 filed by a former Citizens Police Review Board member who was voted off the board because of an “abolish police” sticker on her cup.

First Amendment Watch • 9th January 2023

Ninth Circuit Affirms Expulsion of California High School Student; Free Speech Protections Don’t Apply

A federal appeals court held that a California public high school was within its rights after it disciplined two former students for creating and interacting with an Instagram account that shared posts targeting their Black classmates. Some of the posts used racial slurs and imagery of nooses and lynchings.

First Amendment Watch • 21st December 2022

Federal Judge Grants Trial in Virginia Tech Soccer Player’s First Amendment Lawsuit

A former Virginia Tech women’s soccer player who refused to kneel in support of political protest in 2020 sued her coach for allegedly retaliating against her and forcing her off the team. On Dec. 2, a federal district judge denied the coach’s motion for summary judgment, advancing the case to trial.

First Amendment Watch • 15th December 2022

Julian Assange, the Espionage Act and Dangerous Press Freedom Implications

“Publishing is not a crime,” wrote five news organizations in a letter urging the U.S. government to drop its charges against WikiLeaks founder Julian Assange.

Assange is the first publisher in history to be charged with the World War I-era Espionage Act, igniting pushback from journalists around the world who say this could threaten press freedoms and endanger First Amendment protections.

First Amendment Watch • 8th December 2022

U.S. Federal Judge Dismisses Lawsuit Against Saudi Crown Prince in Journalist’s Killing

A U.S. federal judge dismissed a lawsuit Dec. 6 against Saudi Crown Prince Mohammed bin Salman and two of his alleged co-conspirators in the killing of journalist and democracy advocate Jamal Khashoggi. President Biden’s administration argued that the Saudi prince was immune legally as the head of state, and the federal judge heeded its suggestion.

First Amendment Watch • 6th December 2022

Supreme Court Justices Argue Free Speech Issue in Anti-Discrimination Case

The Supreme Court heard oral arguments Dec. 5 in 303 Creative LLC v. Elenis, a case brought by a Colorado-based website designer who argues that the state’s anti-discrimination law violates her freedom of speech and religion — but her challenge came before the law was enforced against her.

First Amendment Watch • 2nd December 2022

Alex Jones Files for Personal Bankruptcy, Owes $1.5 Billion in Sandy Hook Trial Damages

Conspiracy theorist Alex Jones filed for personal bankruptcy Dec. 2, citing the $1.5 billion in damages he owes to nine families who lost their children in the Sandy Hook Elementary School massacre. The damages were awarded to the families who the court determined endured a decade of defamation and emotional distress due to Jones’ conduct.

First Amendment Watch • 1st December 2022

Timeline: E. Jean Carroll v. Donald Trump and the Ongoing Defamation Legal Battle

The legal battle between E. Jean Carroll and former President Donald Trump has been ongoing since 2019, when Carroll sued Trump for defamation due to statements he made about her while publicly denouncing her sexual assault allegations against him.