First Amendment News

TikTok claims in briefs filed in federal court that the US government did not thoroughly consider options proposed by the platform to deal with national security concerns. TikTok argued that the courts must apply “strict scrutiny” in such free speech cases. TikTok said that Congress failed to provide findings to back its conclusions that TikTok should be shut down. (The Verge, June 20, 2024, by Lauren Feiner) For related FAC coverage, click here, here and

Los Angles is on the hook for the legal expenses of a journalist and activists it sued for publishing photos of LA police officers. The journalists and activists were sued for publishing the photos of thousands of the photos provided by the city itself in complying with a public records request. (Los Angeles Times, June 17, 2024, by Libor Jany) Two days after the $300,000 settlement, the freelance journalist won a second dismissal of a

Iowa argued before the Eighth Circuit U.S. Court of Appeals that it should be allowed to enforce a law banning sexually explicit books from school libraries and teacher’s collections in the classroom. The state was encouraged by judges’ comments in a hearing that Iowa would ultimately prevail in court. (Courthouse News Service, June 11, 2024, by Rox Laird) One judge suggested that those objecting to the ban should sue particular school districts who overstep in

Media Matters was forced to lay off staff to afford a defense against Elon Musk’s frivolous lawsuit. Musk is suing the nonprofit for its report on hate speech on X. The lawsuit is a reminder that SLAPP lawsuits can chill speech and harm those providing vital information to the public and that a federal anti-SLAPP law is needed. (The Hill, June 2, 2024, by Caitlin Vogus) Emily Hockett for the Reporters Committee for Freedom of

A Vanderbilt law professor says that laws restricting speech on race and racism in public schools may not protect teachers or parents in opposition to the laws but that the First Amendment should protect students’ right to information. Francesca Procaccini writes, “the state may not prohibit the teaching and classroom discussion of information that is integral to learning to participate as an informed citizen in a pluralistic democracy” and that “laws that prohibit all classroom