donal brown

The Supreme Court may choose to undertake a review of Counterman v. Colorado, a case involving Facebook messages Counterman sent to a professional musician that she felt were threatening. The issue: “Whether, to establish that a statement is a ‘true threat’ unprotected by the First Amendment, the government must show that the speaker subjectively knew or intended the threatening nature of the statement, or whether it is enough to show that an objective ‘reasonable person’

The Editorial Board of The Washington Post, November 28, 2022, argues that Elon Musk’s management of Twitter has undermined free expression. They say his layoffs have meant Twitter can no longer eliminate influence posts, as in Chinese Communist loading pornography onto Twitter to hide news of protests against Covid restrictions. And inconsistent enforcement “will make Twitter’s decision-making more arbitrary and, therefore, less conducive to free expression.” CIA analyst Bob Baer fears that now that Musk

Seeing that societal norms for keeping lies in check are in sad decline, legal scholars are reassessing freedom of speech. One British scholar asserts that receiving valid information is crucial to making decisions affecting personal welfare so as well as a right to free speech, people have a right to not be lied to. At present, the First Amendment protects lies except in commercial speech and defamation, perjury and fraud. Some scholars believe it would

Starting in 2020, citizens with guns are attending rallies and protests in greater frequency. The Times found that of over 700 demonstrations, at about 77 percent of them, the gun totters were right-wing, showing up to intimidate those for such stances as LGBTQ rights, abortion access, and racial justice. Openly carrying guns at public events when it is obvious there is no need for self-defense can have a lethal effect on public discourse. (The New

A sheriff captain feared a coverup and supplied information to the district attorney and FBI and was fired for his efforts. John Ford sued for violation of his free speech rights claiming that the report to the outside agencies was not official speech as described in Garcetti v. Ceballos. A federal district judge ruled that the lawsuit could proceed as Ford supplied evidence he was fired for his speech to outside agencies, and it was