First Amendment News

COVID-19: Getting good information as virus crisis unfolds


In times of crisis, from natural disasters to 9/11 and more, a free press has consistently delivered the goods, saving lives and asking the necessary and often inevitable challenging questions of the public officials on whom we depend for safety and security.
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Google v. Oracle: Tech battle ultimately about free speech

First Five 2.20 Feature v2

Current Supreme Court case between Google and Oracle could limit our ability to communicate with each other, dampening the web’s potential for increasing public engagement in debate and decision on matters that affect us all.
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‘More Speech, Not Enforced Silence’

D.Hudson Counter Speech Feature

At times, it is most tempting to censor speech or to call for the censorship of speech we don’t like, but before engaging in those impulses, we should consider Justice Brandeis’s time-honored message of “more speech, not enforced silence.”
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Don’t Get Stuck on Prayers in Public Schools


It’s time we stop reducing complex questions of religion and education to political debates about prayer.
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Famed Sculptor Stood Up for Civil Rights

United States Flag

When we appreciate the beauty and artistic genius of Frederick Hart, let’s also remember his commitment to justice and civil rights.
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Federal Appeals Court: Plaintiffs Lack Standing to Challenge Removal of Confederate Monuments


The Sons of Confederate Veterans and concerned individuals lacked standing to pursue their First Amendment claims over the removal of Confederate monuments in Texas.
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The ‘Bedrock Principle’ of the First Amendment

United States Flag

The “bedrock principle” phrase from a 1989 flag-burning decision, has come to represent a cardinal principle of First Amendment law — that the First Amendment protects much offensive expression.
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‘A Profound National Commitment’ to ‘Robust’ Debate

New York Times

Public officials who sue for libel, must meet a high standard of proof and show that the publisher printed the statements knowing they were false or acted with “reckless disregard.”
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Baby Jesus Wasn’t a Patriotic American

Christmas Nativity

Religious communities should be concerned when public officials, including those in the White House, use religious holidays like Christmas to stoke nationalist sentiments among their Twitter followers.
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What a Phrase: “Falsely Shouting ‘Fire’ in a Theatre”

Theatre Feature

Justice Oliver Wendell Holmes Jr produced one of the most-often quoted phrases from First Amendment jurisprudence that has transcended the Supreme Court reports into the normal cultural sphere, the “‘Fire’ in a theatre” language.
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