First Amendment News

Even with the jury deliberating during the defamation suit Sarah Palin brought against The New York Times, a Federal District Judge Jed Rakoff ruled that the suit should be dismissed for failure to prove actual malice. The jury will continue to deliberate in anticipation that its findings could be useful in an expected appeal. (Politico, February 14, 2022, by Josh Gerstein). Update: The jury found in favor of the Times. The U.S. Supreme Court has

The Ninth Circuit U.S. Court of Appeals blocked a law forbidding speech abetting undocumented citizens in entering or living in the U.S., ruling that the law violated free speech rights. The court found the law overbroad and potentially stifling speech that should be protected such as encouraging the undocumented to take shelter during a disaster or telling someone that they are unlikely to suffer consequences should they overstay a tourist visa. (Jurist, February 12, 2022,

Rock star Neil Young withdrew his music from Spotify in protest of Spotify’s Joe Rogan podcast that disseminated lies about Covid-19. Other musicians followed Young’s lead while Spotify opted to keep the Rogan podcast. (CBS News, February 1, 2022, by The Associated Press) Spotify said the company was committed to free expression and said they would put warnings on podcasts about Covid-19 and direct listeners to reliable information. (The New York Times, January 1, 2022,

Bill Sternberg, The Free Speech Center, January 24, 2022, writes that in Palin v. The New York Times, Palin is claiming the Times acted with actual malice in mistakenly linking her to the shooting of Rep. Gabby Giffords of Arizona. Sternberg says the texts and e-mails after publication show that it was an honest mistake, but it’s no guarantee of how a jury will see the case. And if the Times wins the upcoming trial,

A lawyer for former President Donald Trump argued in his civil trial for inciting the January 6 insurrection that Trump’s speech to his followers before the riot was protected free speech. When asked by the judge if Trump were immune to inciting a riot and failing to stop it, the lawyer Jesse Binnall said he could not be subject to judicial action because he “failed to do something.” (Business Insider, January 10, 2022, by Sonam