Those charged in a plot to kidnap and possibly harm Michigan Governor Gretchen Whitman may try to harness the First Amendment in fighting conspiracy charges. But the federal prosecutors will probably duck that in favor of a kidnapping charge that is much easier to prove. (Detroit Free Press, October 9, 2020, by Phoebe Wall Howard)
The plotters used Facebook to help plan the crime, and Facebook claimed they had cooperated with a Michigan investigation of extremist activity over six months ago. As a private company Facebook does not have to abide by the First Amendment in removing content yet they also talk about free speech when discussing how violent extremists have used its platform. And extremist content generates a lot of traffic. (The Guardian, October 10, 2020, by Lois Becket with contributions from Kari Paul)