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The Latest Breaking News from Brandenburg

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.

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.

Jack Smith Explains Why He Did Not Charge Trump With Insurrection

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

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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).

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.

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.

How To Yell 'Fire' in a Crowded Theater

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

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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).

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

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.

Chicago Sun-Times

'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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