Author: David L. Hudson Jr.

Arresting a Person for Profanity Often Violates the First Amendment

A three-judge panel affirmed in its decision that the key to the case is individuals often have a First Amendment right to utter profanity — even directed at police officers.
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Justice Sonia Sotomayor Once Again is the Most Speech-Protective Justice

Sotomayor recognizes that sometimes officers arrest individuals out of retaliation for their speech more so than because a person has committed a crime.
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50 Years Ago, the Court Enters the True Threats Thicket in Watts v. United States

The case should be celebrated for emphasizing the importance of politically charged advocacy and ensuring that such advocacies are not misconstrued as true threats.
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Divided 10th Circuit Panel Gives Inadequate First Amendment Protection to Employee Demoted for Truthful Sworn Court Testimony

It is an abuse of power to demote a public employee because he gives testimony in a court case.
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Compelled Speech Doctrine Should Apply in Challenges to Sex Registration Laws

Forcing a person to register as a sex offender may violate the right to freedom of speech.
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Censoring Students for Pro-Trump Clothing is Problematic

Students have the right to engage in political speech at school. Censorship is not the answer.
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Texas Appeals Court Rules Defendant’s Free-Speech Rights Not Violated by Introduction of His No-Snitching Tattoo into Evidence

A Court of Appeals ruled tattoos can be used to establish elements of a crime or motive.
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Federal Court Will Allow Prosecutors to Introduce Parts of Music Videos in Trial of Rapper Kontraversy

Federal prosecutors may introduce rap music videos and an interview depicting a rapper with drug and weapons charges without violating the First Amendment.
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Violent-themed Student Speech

In the wake of Columbine, school officials have taken to treating all violent-themed student speech as true threats.
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Roscoe Jones – First Amendment Hero

This African-American Jehovah Witness preacher had the temerity to travel all across the Southeast promoting his religious faith even in all-white areas.
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