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The Latest Breaking News from Brandenburg

Journal of Free Speech Law: "Gitlow Revisited: Disentangling Ideas and Crimes Via the Harm Principle," by Ronald Krotoszynski

The final article from the "Gitlow v. New York at 100" symposium, held last year at the Arizona State University Sandra Day O'Connor College of Law.

Reason

First Amendment Protects Islam Expert's Post-Sept. 11 Speech Urging People to Join Taliban

So a Fourth Circuit panel held today, vacating the defendant's convictions from 2005.

Reason

What Alleged Behavior Was Constitutionally Protected Against Harassment Liability in CUNY Hunter College Case

As I noted earlier this morning, Friday's Report and Recommendation in Garrett v. City Univ. of N.Y. (S.D.N.Y.) (written by… The post What Alleged Behavior Was Constitutionally Protected Against Harassment Liability in CUNY Hunter College Case appeared first on Reason.com.

Reason

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Accused Buffalo Mass Shooter's Speech Wasn't "Incitement" Under First Amendment Rules

So holds the judge in rejecting this as an aggravating factor in the government's death penalty case, though many other aggravating factors remain.

Reason

The Standard for 'Vicious' Speech Trump Laid Out After Kirk's Murder Would Implicate Trump Himself

Freedom of speech cannot reliably protect conservatives unless it also protects people they despise.

Reason

Would Graham Linehan's "If All Else Fails, Punch Him in the Balls" Be Protected Under U.S. Law?

Irish writer Graham Linehan has reportedly been arrested on his return to the U.K., in part apparently based on this… The post Would Graham Linehan's "If All Else Fails, Punch Him in the Balls" Be Protected Under U.S. Law? appeared first on Reason.com.

Reason

Trump’s war on the First Amendment is likely to plant a burning flag back on the Supreme Court steps

NEWS ANALYSIS: Trump is picking a fight he knows he can’t win, writes John Bowden. Does he want to provoke protests or merely rile up his supporters against liberal judges?

The Independent UK

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The Trump Administration Says Its Speech-Based Deportation Policy 'Does Not Exist'

The government’s lawyers also say that supposedly nonexistent policy is perfectly consistent with the First Amendment.

Reason

Publishing Pro-Hamas Propaganda Is Protected by First Amendment

From Judge Tiffany Cartwright (W.D. Wash.) in Friday's Jan v. People Media Project: Plaintiff Almog Meir Jan is an Israeli… The post Publishing Pro-Hamas Propaganda Is Protected by First Amendment appeared first on Reason.com.

Reason

Jack Smith Explains Why He Did Not Charge Trump With Insurrection

And Smith demonstrates why the Colorado Supreme Court got it wrong.

Reason

Book Review (by Prof. Jacob Mchangama): "Fearless Speech" Doesn't Take First Amendment History Seriously

A review of Prof. Mary Anne Franks' new book, Fearless Speech: Breaking Free from the First Amendment (plus a response by Prof. Franks to Prof. Mchangama's Tweeted criticisms, and a reply by Prof. Mchangama).

Reason

He Was Arrested for Making a Joke on Facebook. A Jury Just Awarded Him $205,000 in Damages.

The verdict vindicates the constitutional rights that Louisiana sheriff's deputies flagrantly violated when they hauled Waylon Bailey off to jail.

Reason

Was the Capitol Riot an 'Insurrection,' and Did Trump 'Engage in' It?

The Colorado Supreme Court's reasoning in deciding that Trump is constitutionally disqualified from running for president seems iffy.

Reason

How To Yell 'Fire' in a Crowded Theater

Aside from narrowly defined exceptions, false speech is protected by the First Amendment.

Reason

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Reason

Posting Condemnation of Ex-Husband, Urging Viewers to Contact Him, Is Protected by First Amendment

So says the New Jersey intermediate appellate court, in a case involving a Jewish wife who was claiming her husband refused to give her a "get" (a Jewish religious divorce).

Chicago Sun-Times

Time to extinguish the claim that you can’t yell ‘fire in a crowded theater’

A court decision against a Louisiana man who made a COVID joke illustrates the continuing influence of a misbegotten, century-old analogy that is frequently used as an excuse to punish or censor constitutionally protected speech.

Reason

'No Reasonable Officer' Would Have Arrested a Guy for a COVID-19 Joke, the 5th Circuit Says

The appeals court ruled that a Facebook post alluding to World War Z was clearly protected by the First Amendment.

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