Free Speech
Who’s Being Pornographic Here? (And Were Pornography Allegations Related to School Library Book Reading Defamatory?)
From yesterday's opinion in Wilburn v. Guthrie by the Colorado Court of Appeals (Judge Karl Schock, joined by Judges Matthew Grove and David Yun):While running for a seat on a local school board, Wilburn participated in…
Firing Government DEI Executive Didn’t Violate First Amendment
From Judge Dabney Friedrich (D.D.C.) Wednesday in Jewell v. Jagadesan, which generally seems correct to me: In December 2022, Jewell joined as its Chief Diversity and Inclusion Officer (CDIO). After DFC's Equal…
Brickbat: Blocked and Reported
Australia's medical regulators ordered psychiatrist Andrew Amos not to post about gender medicine or transgender people on social media. Amos has been critical of transgender care and treatments. The Australian Health…
Three Students’ Libel Lawsuit over Columbia “Doxing Truck” Can Go Forward
From Hafez v. Accuracy in Media, Inc., decided last Thursday by N.Y. trial court judge Phaedra F. Perry-Bond: Defendant is a not-for-profit corporation that allegedly uses investigative journalism to expose bias, corruption,…
Anthropic lawsuit asks whether AI systems have First Amendment rights
Anthropic is suing the federal government over its response to the company refusing to remove safeguards that prevent Anthropic's artificial intelligence system, Claude, from being used for mass domestic surveillance and…
9th Circuit Rules on Student Speech
The 9th Circuit Court of Appeals ruled in favor of an elementary school student’s First Amendment rights after she was punished for adding the words “any life” to a picture of “Black Lives Matter.” The student, with the…
Free Speech Unmuted: Equal Time, Stephen Colbert, and the Future of Political Broadcasting, with Stuart Benjamin
Is the FCC about to revive a broad reading of the Equal Time Rule—and should broadcast TV still get "special" First Amendment treatment in 2026? Jane and I discuss the matter with Prof. Stuart Benjamin, a leading…
First Amendment May Protect First-Grader’s Giving Black Classmate “Black Lives Mater Any Life” Drawing
As established in Tinker, students do not "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate." But Tinker also "emphasized the need for affirming the comprehensive…
Britain is using Grok’s crude soccer jokes to justify internet censorship
Grok, X's AI chatbot, has sparked controversy again, this time for its commentary on Premier League soccer. Over the weekend, Grok responded to users who asked the chatbot to make remarks about soccer-related stadium…
California AI Model Training Disclosure Law Likely Doesn’t Violate First Amendment
From last Wednesday's decision in X.AI LLC v. Bonta, by Judge Jesus Bernal (C.D. Cal.): Assembly Bill 2013 …, entitled "Artificial Intelligence Training Data Transparency" requires developers of "a…
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