First Amendment News

U.S. Congress seems to embrace French president’s views on fighting fake news

French President Emmanuel Macron brought a joint session of Congress to its feet in affirmation of his comments about joining with the U.S. in a war against fake news. Europeans have long criminalized insulting, harassing and intimidating speech with some disturbing results and now are targeting fake news. Macron wants laws that would stop fake news on the social media. “Before we protect free speech by killing it, however, Americans should look at what Macron

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Freedom of Information Act: FBI climate survey shows FBI not ‘in turmoil’

Results of the annual FBI climate surveys showed that the bureau was not “in turmoil” as claimed by President Donald Trump in justifying his firing of FBI director James Comey. The survey was obtained through a Freedom of Information Act request. Editors of Lawfare have just filed a request for the 2018 survey. (Lawfare, April 24, 2018, by Scott R. Anderson and Benjamin Wittes) The FBI released climate surveys from 2013-17 after FOIA requests. The

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Trump’s fake news allegations boost ratings and readership for news outlets

With The New York Times and The Washington Post leading the surge, news media of all stripes under attack from President Donald Trump are reaping benefits in increased audience numbers and revenues. That trend will only continue with the midterm elections in sight. (CNBC, April 23, 2018, by Michelle Castillo) But ratings surges are dwarfed by the dangers of Trump’s campaign as Trump supporters enthusiastically take up his cudgel against the media and care nothing

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First Amendment ruling: Sixth Circuit Appeals Court strikes down Ohio law depriving Planned Parenthood of federal funds

An Ohio federal appeals court blocked a 2016 law depriving Planned Parenthood of federal funds. The law was intended to punish the agency for providing abortions, but the judges ruled unanimously that Planned Parenthood provided many other services and was unfairly a target for supporting abortion rights with its own funds. Judge Helene White cited the U.S. Supreme Court decision of 2013 that held that under that it was unconstitutional to require some organizations, but

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California open government roundup: Los Angeles man plans appeal in fine for attempting to film public meeting

A man attempting to film a meeting of a sheriff commission in 2017 in a federal courthouse was escorted out of the meeting and fined for scuffling with security. YouTuber Gil Gileno appealed the fine only to lose with the judge emphasizing that security in a federal building was  a serious issue and Gileno should have followed orders. Gileno claimed he had a right to film the proceedings under the First Amendment and plans to

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