First Amendment News

California just passed a law that would punish doctors for spreading misinformation to patients about COVID-19. They define misinformation as “false information that is contradicted by contemporary scientific consensus contrary to the standard of care.” Some doctors argue that with something as evolving and unknown as a virus, there are plenty of legitimate differences of opinion about the best practices. Others think that the law only focuses on “extreme deviation from scientific standards of care

Elon Musk said he would form a policy advisory body made up of those with “diverse viewpoints” to oversee decisions on content moderation. Any decisions about restoring the account of former President Donal Trump will have to wait. In the meantime, Musk made decisions to allow at least one controversial person back on Twitter. Twitter already had an advisory council in place. (TechCrunch, October 28, 2022, by Taylor Hatmaker) Just before taking over Twitter, Musk

Suzanne Nossel, chief executive of PEN America, Los Angeles Times, October 27, 2022, argues that Elon Musk’s plans to go easy on lies on Twitter could hurt free speech. As free speech is essential to open and democratic societies, it is important to keep political lies and propaganda from dominating the nation’s forums lest the public give up on their efforts to determine the truth. Brynn Tannehill in the New Republic, October 26, 2022, makes

A federal appeals court heard arguments over Virginia Tech’s policy that allows students to anonymously report other students they think are participating in biased actions. Opponents of the policy pointed to instances including a student who told a joke about Caitlyn Jenner’s former name before her gender transition. A student filed a complain that the joke exhibited discrimination based on gender identity. (Courthouse News Service, October 25, 2022, by Joe Dodson) The Foundation for Individual

Attorney General Merrick Garland announced that policies limiting subpoenas and search warrants against journalists are now codified. Justice Department lawyers will be trained in the new policies. The department must now avoid using investigative tools against journalists with exceptions for national security and public safety. (CBS News, October 26, 2022, by Robert Legare) Garland solidified policies in place in July of 2021 after it was revealed that former Attorney General Bill Barr secretly sought the