First Amendment News

The Supreme Court has yet to rule on three cases that could reshape First Amendment law. United States v. Hansen concerns whether the law against encouraging immigration chills speech; Counterman v. Colorado concerns whether someone can be convicted of making true threats without proof that they subjectively intended to threaten the listener; 303 Creative LLC v. Elenis deals with whether a public-accommodation law can regulated an artist’s expression. Next term the court will hear the

Law professor Heidi Kitrosser, Lawfare, June 13, 2023, writes that a provision of the Espionage Act was used by the Trump administration to charge five individuals for leaking information to the press. This is the same provision used to indict Trump, but several of those indicted by the Trump administration sought to release important information to the public or report abuses in government. “There is no magic formula,” writes Kitrosser, “that will strike a perfect

The Berkeley Judicial Institute is holding a series of virtual programs on why and how judges should deal with the news media. On June 16 at noon, Pacific, it’s why judges should communicate with the media; June 23 at noon, Pacific, how judges should communicate with the media in general; and June 30 at noon Pacific, how judges should communicate with the media during a case. FAC is a co-sponsor of the series. (Berkeley Law,

YouTube announced it will allow content that claims the 2020 presidential election was plagued by “fraud, errors, or glitches.” The company claimed that continuing the ban would limit political speech without reducing the risk of violence. (Axios, June 2, 2023, by Sara Fischer) Owned by Google, YouTube said they would continue removing lies about when, where and how to vote and claims that discourage voting. they would also take down posts that prompt others to

A federal district judge ruled that a Tennessee law restricting drag shows in places where children could view them was vague and overbroad and a violation of the drag performers’ First Amendment rights. Some 26 similar bills have been introduced this year in state legislatures. (Politico, June 3, 2023, by Giselle Ruhiyyih Ewing) Judge Thomas Parker, appointed by former President Donald Trump, said the law was a content restriction on free speech. The Tennessee attorney