Category Archives: First Amendment theory

My New Paper: “From Bloggers in Pajamas to The Gateway Pundit: How Government Entities Do and Should Identify Professional Journalists for Access and Protection”

March 29, 2024, 7:57 amFirst Amendment theoryRick Hasen

I have posted this draft on SSRN. I will be presenting it at a May 3 Knight Columbia conference, and it is forthcoming as a book chapter in THE FUTURE OF PRESS FREEDOM: DEMOCRACY, LAW & THE NEWS IN… Continue reading

“Law School clinic files brief to combat intentionally false statements about voting”

February 28, 2024, 7:46 amcheap speech, chicanery, First Amendment theoryRick Hasen

Yale Daily News: Yale Law School’s Media Freedom and Information Access Clinic filed an amicus brief on Feb. 12 in United States v. Mackey, a case currently at the Second Circuit Court of Appeals. The case involves an influential… Continue reading

“At worst [Douglas Mackey’s tweets containing false information about how to vote] were calculated to cause voters to send futile text messages and then stay home on election day.”

February 21, 2024, 7:30 amchicanery, First Amendment theoryRick Hasen

Pretty remarkable statement in Douglas Mackey’s reply brief in his criminal appeal before the Second Circuit. To me, the “at worst” it seems pretty bad! As a reminder, Protect Democracy and the Yale Media Freedom and Information Access Clinic filed … Continue reading

Our Amicus Brief in United States v. Mackey: Lying About When, Where or How People Vote Violates Federal Law (18 USC 241) and Prosecution is Consistent with the First Amendment

February 13, 2024, 7:27 amcheap speech, chicanery, First Amendment theoryRick Hasen

Protect Democracy and the Yale Media Freedom and Information Access Clinic filed this Second Circuit amicus brief (with me as client and co-counsel) in United States v. Mackey. Mackey was convicted “under 18 U.S.C. § 241 for conspiring “to use… Continue reading

“Wisconsin Judge Dismisses Felony Charge in ‘Ballot Selfie’ Case”

November 29, 2023, 7:47 amelection administration, First Amendment theoryRick Hasen

NYT: A Wisconsin judge on Monday dismissed a felony charge against a school board candidate who had posted a photograph on Facebook of a ballot with his name filled in. In his ruling, the judge, Paul V. Malloy of Ozaukee… Continue reading

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