First Amendment News

Eric Wemple, The Washington Post, August 19, 2021, describes the carnage in the virtual courtroom of the New York State Supreme Court Judge David B. Cohen as Fox News attempted to dismiss the voting machine company Smartmatic’s libel lawsuit. Smartmatic lawyer J. Erik Connolly presented convincing arguments that Fox should enjoy no protection in presenting statements with no evidentiary basis and that the company’s business only became public when the defendants made up lies implicating

Public comments at local government meetings are rife with false information regarding masks, vaccines and Covid-19. Comments at a recent session of the St. Louis County council were so out of bounds that YouTube removed a video of the proceedings. (ABC News, August 16, 2021, by David Klepper and Heather Hollingsworth of The Associated Press) A public school system in Albemarle County, Virginia attempting to adopt a transgender policy in July found themselves holding a

California law SB 742 would enact criminal penalties for threatening or harassing anyone going to a vaccination site. Lawmakers concerned about the intensity of hostility around vaccination sites and want to establish a 30 foot buffer zone so that those going for vaccinations would not receive leaflets or be confronted with signs or verbal protests. Free speech advocates including FAC’s Glen Smith think the 30 foot barrier is excessive and out of compliance with court

Harvard law professor Martha Minow, Harvard Gazette, August 11, 2021, says that to fight the flood of lies on the social media it may be necessary to alter Section 230 the provides immunity to platforms for user content. Companies should be held to develop standards, report on them and be responsible if they violate them. She also advocates a greater role for the FCC in fighting the lies on broadcast and cable television, stepping up

Florida lost the first round in their battle to impose criminal penalties for protesters after they argued those bringing the suit had no standing and the legal issues weren’t in play as yet. Those challenging the law argued that the law was overbroad and could criminalize someone who is merely present where violence or property destruction occurs. (Tallahassee Democrat, August 12, 2021, by Dara Kam of News Service of Florida) The law HB 1 establishes