Category Archives: First Amendment theory

ELB Podcast 5:3: The Trump Prosecutions, the First Amendment, and Election Interference (Genevieve Lakier and Eugene Volokh)

October 30, 2023, 2:00 pmELB Podcast, election subversion risk, ethics investigations, First Amendment theoryRick Hasen

New ELB Podcast: Do gag orders against presidential candidate Donald Trump in his civil or criminal trials violate the First Amendment? What should we make of Trump’s claims that his actions to overturn the results of the 2020 elections are… Continue reading

How Big a Risk is Government “Jawboning” Where Government Pressures Media or Platforms to Include, Remove, or Demote Content?

October 22, 2023, 4:24 pmFirst Amendment theoryRick Hasen

The Knight First Amendment institute has a first-rate set of papers on this topic that just posted. And it couldn’t be more timely with Friday’s quick cert. grant in the Murthy v. Missouri case. I was struck in my conversation… Continue reading

Watch Archived Video of My Conversation with Genevieve Lakier and Eugene Volokh on “The Trump Prosecutions, the First Amendment, and Election Inteference”

October 19, 2023, 3:35 pmchicanery, First Amendment theoryRick Hasen

An interesting and spirited conversation for the Safeguarding Democracy Project’s webinar series. Watch:

“Supreme Court turns away coal baron’s defamation claim against news companies”

October 10, 2023, 7:53 amFirst Amendment theoryRick Hasen

NBC News: The Supreme Court on Tuesday declined to consider overturning a landmark case that gives protections to news organizations facing defamation claims by rejecting an appeal brought by West Virginia coal baron Don Blankenship. Blankenship, also an erstwhile Republican… Continue reading

Free Safeguarding Democracy Project Webinar Oct. 17: “The Trump Prosecutions, the First Amendment, and Election Interference” with Genevieve Lakier and Eugene Volokh

October 9, 2023, 8:36 amelection subversion risk, First Amendment theoryRick Hasen

I hope many of you will join us for this webinar on October 17 at 12:15 pm PT. Should be a lively discussion. Free registration required.

“Trump trials: What counts as protected free speech?”

August 29, 2023, 6:45 amchicanery, First Amendment theoryRick Hasen

Christian Science Monitor: “There’s nothing more protected under the First Amendment than political speech,” Mr. Lauro said. Many legal analysts are skeptical this approach will work in a courtroom. There is no First Amendment right to engage in a… Continue reading

“Trump’s defense team casts Jan. 6 indictment as an attack on free speech”

August 2, 2023, 3:35 pmelection subversion risk, First Amendment theoryRick Hasen

Washington Times: University of California, Berkeley law professor John Yoo said free speech isn’t an all-encompassing right and some speech is criminal. “As a historical matter, this is the most important criminal prosecution that has ever been brought by the… Continue reading

“Free Speech and Voter Intimidation After Counterman v. Colorado”

July 7, 2023, 7:26 amFirst Amendment theoryRick Hasen

New from Protect Democracy: How to defend Section 11(b) of the Voting Rights Act under the updated “true threats” exception to the First Amendment.

Disney v. DeSantis

May 3, 2023, 4:07 pmFirst Amendment theoryJustin Levitt

On April 26, Disney sued DeSantis in federal court. And on May 1, DeSantis (well, the five DeSantis appointees to the new Central Florida Tourism Oversight District) sued Disney in state court. The federal case is essentially about a… Continue reading

Montana state legislator sues over censure

May 1, 2023, 7:47 pmelection law and constitutional law, First Amendment theory, legislation and legislatures, petition clause, political equalityJustin Levitt

The lawsuit filed today in state court by Rep. Zephyr – Montana’s first openly transgender lawmaker — and several of her constituents contends that her censure and subsequent barring from Capitol grounds violates the Montana state constitution. I’m still hoping… Continue reading

Paul Clement leads cert petition in Mazo v. New Jersey Secretary of State on ballot speech issue

April 26, 2023, 11:50 amballot access, First Amendment theory, Supreme CourtDerek Muller

Late last year here at ELB, I highlighted the Third Circuit’s decision in Mazo v. New Jersey Secretary of State. (Disclosure: I filed an amicus brief in that case.) Check out that post for more on the background. Paul… Continue reading

“Supreme Court to decide if First Amendment stops government officials from blocking social media critics”

April 24, 2023, 7:27 amcheap speech, First Amendment theory, Supreme CourtRick Hasen

Tierney Sneed for CNN: The Supreme Court said Monday that it will consider whether the First Amendment protects social media users from being blocked from commenting on the personal pages that government officials use to communicate actions related to their… Continue reading