First Amendment

Supreme Court Prepares For Big Second Half

McClatchy | Posted 12.28.2009 | Politics


The Supreme Court entered its holiday intermission with the starkest drama put off until the second act. When justices return on Jan. 11 for their ne...

Isn't There Anyone Who Knows What the Christmas Legal Holiday is All About?

Jim Thomas | Posted 12.24.2009 | Denver


Jim Thomas

I started blogging about our country's "legal" holidays out of concern that, for many, these days were just another day off. Well, it turns out that the Christmas federal holiday is actually just that, legally at least.

Why Hasn't There Been a Progressive March on DC?

Matt Osborne | Posted 12.21.2009 | Politics


Matt Osborne

Popular action is the very definition of democracy. It doesn't happen without us, and it isn't a human right upheld by some magic fairness-fairy. If the public option's not in the bill, it's because we haven't shown up to demand it.

Supreme Court to Hand Government to Republicans, Again: This Time, Forever.

Paul Abrams | Posted 12.17.2009 | Politics


Paul Abrams

Because of the legal nicety of the corporation, established solely to promote commerce, we are now going to be treated to the permanent takeover of the US government by these humanly-created legal fictions.

As Threats Increase, Sometimes It Is The Informants That Go Wild

Brian Levin, J.D. | Posted 12.08.2009 | Politics


Brian Levin, J.D.

While the conduct of a couple of loose-cannon informants can be a headache for the FBI and the butt of jokes, behind the scenes authorities are increasingly concerned about evolving threats from across the ideological spectrum.

Vienna Declaration: Press Freedom and Security Compatible in Fight Against Terrorism

Magda Abu-Fadil | Posted 12.02.2009 | Media


Magda Abu-Fadil

Security and press freedom can coexist, with the free flow of information recognized as the best weapon against terrorism, international media experts argued in a final declaration published this week.

Exposed Breasts Not Covered Under 1st Amendment: Colorado Springs Judge

Colorado Springs Gazette | Daniel Chacon | Posted 12.01.2009 | Denver


A judge has upheld a decision to suspend the liquor license of a Colorado Springs nightclub where several women bared their breasts during a "Girls Go...

Erica Corder Has Case Against Lewis-Palmer High School Thrown Out By Supreme Court

AP | Posted 11.30.2009 | Denver


WASHINGTON — The Supreme Court won't revive a student's lawsuit against a school that punished her for talking about her religion during her hig...

Bridgeton High School Student Sues School After Being Barred From Abortion Protest

AP | GEOFF MULVIHILL | Posted 11.17.2009 | New York


MOUNT LAUREL, N.J. — A New Jersey high school student claims in a federal lawsuit that school administrators violated her First Amendment free-s...

Jerry Brown Aide Showed Bad Judgment, But Didn't Break Law in Secretly Taping Reporter

Peter Scheer | Posted 11.04.2009 | Media


Peter Scheer

Attorney General Jerry Brown's spokesman was unceremoniously "disappeared" from Brown's incipient campaign this week because of a lapse in judgment that, quite frankly, has been grossly overblown.

Conservatives for Privacy, Where is the Left?

J. Bradley Jansen | Posted 11.03.2009 | Politics


J. Bradley Jansen

The best way to keep us safe and free is eternal vigilance--no matter which party is in office. So, let's hold our friends on the left accountable when it's needed.

Guantanamo Bay: College Division

Stu Kreisman | Posted 10.26.2009 | Media


Stu Kreisman

Is a school entitled to discipline a student? Of course -- if a crime is committed. But let's get real here. We're talking about freedom of speech on the Internet.

John McCain, Computer Geek

Auburn McCanta | Posted 10.26.2009 | Politics


Auburn McCanta

During the 2008 election, Senator John McCain famously admitted he didn't know how to use a computer and was only then learning to use a Blackberry. Oh, how times have changed.

Anonymous Push Polls: Coming Soon to a Phone Near You?

Luis Toro | Posted 10.22.2009 | Denver


Luis Toro

What kinds of polls are actually campaign advertisements? A Colorado court is set to rule on the answer.

As Congress Prepares to Reauthorize the Patriot Act, Reader Privacy Must be Protected

Judy Platt | Posted 10.19.2009 | Books


Judy Platt

Readers need to make it clear to their members of Congress and Senators that the privacy of what they read is non-negotiable and that they're entitled to that privacy whether the books they read are borrowed or bought.

Student Blogger Shut Down and Sued by Butler University Over Free Speech

Stu Kreisman | Posted 10.19.2009 | Media


Stu Kreisman

Jess Zimmerman is a junior at Butler University. Last year he wrote criticisms of Butler's administration in an anonymous blog. We now have the first case of a university suing a student over online free speech.

What Do Dog-Fights and Gloria Allred Have In Common?

Judge H. Lee Sarokin | Posted 10.10.2009 | Media


Judge H. Lee Sarokin

When lawyers speculate about wrongdoing, as in the Letterman case, and advance claims without factual basis, I wince for all of us who view the practice of law as an honorable and worthy profession.

Blind Faith: Supreme Court Meltdown

Jeff Schweitzer | Posted 10.09.2009 | Politics


Jeff Schweitzer

If a Christian would not select a Star of David then why on earth would a Jew choose a cross? Yet that is exactly what Scalia proposes. The notion that the cross represents everybody is bizarre.

Interview With Pro-Bono Civil Rights Defense Attorney Paul Hetznecker

Rob Kall | Posted 10.07.2009 | Politics


Rob Kall

On Monday, October 5, over 60 peace activist, anti Afghan war protesters were arrested in front of the White House. It seems like a good time to publish this interview I did on my Rob Kall Bottom Up Radio Show a few weeks ago with Paul Hetznecker, who defends protesters as part of his life work.

Supreme Court Hears First Amendment Case In Selling Of Dogfight Videos

The New York Times | ADAM LIPTAK | Posted 10.07.2009 | Politics


WASHINGTON -- Justice Samuel A. Alito Jr. wanted to know if Congress could ban a "Human Sacrifice Channel" on cable television. Justice Ruth Bader G...

Free Speech Threatened Again (POLL)

The Huffington Post | Jessie Kunhardt | Posted 10.06.2009 | Books


Publishers, librarians, booksellers, and authors have banded together this summer in rejection of a government claim that there can be exceptions to t...

First Amendment Under Siege

The Huffington Post | Judy Platt | Posted 10.06.2009 | Books


I'm in hot water again at home. You try explaining to a family that loves all creatures great and small that you're defending the rights of a man sen...

Free Speech and Funeral Picketing:

Eugene Volokh | Posted 11.24.2009 | Politics


Eugene Volokh

The Fourth Circuit has just reversed the $5 million intentional infliction of emotional distress and invasion of privacy verdict against the group who picketed the funeral of a slain soldier.

Does Humana Have a Free Speech Right To Mislead The Elderly?

Dawn Teo | Posted 11.23.2009 | Politics


Dawn Teo

Medicare officials have admonished one provider for using customer lists to engage in political advocacy and lobbying -- a policy shift that could establish new legal principles in First Amendment law.

Media Mud Pies: CNN's Embarrassing Response to Fox

Linda Milazzo | Posted 11.21.2009 | Media


Linda Milazzo

In response to Fox's childish and embarrassing ad in the Washington Post that challenged competitors' coverage of the 9/12 teabaggers, CNN is airing this equally chilidish and embarrassing ad.