Articles Posted in Free Speech

The United States Supreme Court ruled 8-1 in favor of protecting public school students' free speech rights on Wednesday, June 23, 2021, in Mahanoy Area School District v. B.L. The ruling expounds upon Tinker v. Des Moines Independent Community School District, bringing student free speech jurisprudence into the internet era. "[S]ometimes it is necessary to protect the superfluous in order to preserve the necessary."


On Wednesday, the Facebook Oversight Board upheld former President Donald Trump’s January suspension from the platform, citing his creation of “an environment where a serious risk of violence was possible.”


The United States Supreme Court heard oral arguments today, April 28, 2021, in Mahanoy Area School District v. B.L. At issue in the case is whether the precedential case, Tinker v. Des Moines Independent Community School District, applies to student speech that occurs off-campus.


The second impeachment trial of former President Donald Trump began this week in the Senate with Trump’s lawyers arguing in part that the former President’s statements are protected under the First Amendment as free speech.


On Thursday, January 7, the U.S. Supreme Court rejected a case by Republican Congressman Louie Gohmert asking it to prohibit Vice President Mike Pence from certifying the election results.


In a reversal, Facebook is increasing its enforcement against hate speech.


Posted in: Free Speech

On Monday, August 17, 2020, Children's Health Defense filed a lawsuit against Facebook, Inc. in the U.S. District Court, Northern District of California. The lawsuit alleges that Facebook acted jointly or in concert with federal government agencies or actors to deny Children's Health Defense's First Amendment speech and Fifth Amendment property rights. At issue in the case is Facebook's use of fact-checking warning labels and Facebook's disabling of the fundraising feature on Children's Health Defense's Facebook page.


Governor Brian Kemp of Georgia has filed a lawsuit against Atlanta Mayor Keisha Lance Bottoms, seeking to bar her from ordering city residents to wear face coverings to prevent the spread of COVID-19. The lawsuit comes days after Kemp issued an executive order prohibiting municipalities from mandating that residents utilize face masks. Kemp argues that Bottoms does not have the authority to modify or change his executive orders.


A Las Vegas resident has filed a lawsuit against the City of Sacramento, California regarding a section of the city code that requires people to stand when the national anthem is played. He alleges that he plans to attend at least one Sacramento Kings NBA game in the foreseeable future, but that it will be impossible for him to go if he must subject himself to criminal prosecution for exercising his freedom of speech by refusing to stand for the anthem at such an event.


Two plaintiffs have filed a lawsuit against the City of Cincinnati, alleging violations of the First and Fourteenth Amendments arising from the curfew the City recently imposed in light of ongoing protests against police violence and systemic racism. The plaintiffs state that they wanted to participate in the protests, but did not for fear of being subjected to arrest or injury due to police use of tear gas, pepper projectiles, rubber bullets, and other displays of force.