First Amendment News

States stepping up to protect election workers

Vermont, Maine and Washington are considering laws to increase protection for election workers. Reuters found 850 threats and hostile messages to U.S. election officials and workers. Nearly all planted their threats in former President Donald Trump’s big lie that the election was stolen. The proposed laws would respect free speech protections but bring state laws more in concert with federal laws that make it easier to prosecute in case of violent threats. (Reuters, January 24,

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San Francisco mayor cleared of free speech violation

A Ninth Circuit Court of Appeals court ruled that San Francisco Mayor London Breed did not violate the First Amendment in pressing ad companies to take down two billboards paid for by Ellen Lee Zhou, an opposition candidate. Breed was in the clear so long as she did not threaten government action. (msn, January 14, 2022, by Bob Egelko of the San Francisco Chronicle) A federal district court had already dismissed claims that Breed caused

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Trump runs out of cover in fight for Jan. 6 documents

The U.S. Supreme Court denied former President Donald Trump’s request to stop the House committee investigating the Jan. 6 insurrection from obtaining presidential records. Contrary to Trump’s assertions, a lower court found a serious legislative need to see the documents and no valid executive privilege to withhold them since President Joe Biden has the power to withhold or release documents to Congress under these circumstances. (SCOTUSblog, January 19, 2022, by Amy Howe) The ruling also

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Florida professors victorious in free speech case

University of Florida received a stiff reprimand by a federal judge who ruled that they could not prevent six professors from providing expert testimony on lawsuits against the state. Judge Mark E. Walker said the university committed viewpoint discrimination by singling out the six professors while allowing others to speak freely. (The New York Times, January 21, 2022, by Michael Wines) For related FAC coverage, click here.

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Biden averse to news conferences, interviews

President Joe Biden leads his predecessors in avoiding press conferences and interviews. After speeches before reporters he may answer one or two questions but then walks off leaving reporters without news. (AP News, January 9, 2022, by Aamer Madhani) Biden’s press secretary Jen Psaki said last November that the dearth of press conferences was a media problem rather than one for the America people. Psaki claimed Biden answered 20 to 30 questions a week in

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