First Amendment News

Justice Sotomayor Expresses Concern Over Court’s True Threat Jurisprudence

What level of intent makes someone’s words a true threat? She thinks the Supreme Court should clarify.
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Judge Gorsuch Shows Sensitivity to First Amendment Issues

First Amendment Scholar David Hudson takes a look at Supreme Court nominee Judge Gorsuch’s track record on religious liberty, freedom of the press, and free speech.
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Freedom of Assembly and Edwards v. South Carolina: Protecting the Peaceful Expression of Unpopular Views

How freedom of assembly was upheld during the Civil Rights Movement, and how those laws protect our right to protest today.
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Federal Appeals Court: Artistic Expression Can’t Be Used to Punish Defendant

The court held that a defendant’s musical lyrics, which referenced violence and drugs, could not be used as objective evidence of his motive for unlawfully possessing a machine gun.
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Sexually Explicit Picture Not Fighting Words, Rules Colorado Appeals Court

The court found that a 14-year-old did not commit disorderly conduct because the explicit picture he drew was protected by the First Amendment.
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Appeals Court Issues Troubling Ruling to Photographer Based on Qualified Immunity

The 1st Circuit declined to rule on the constitutionality of seizing a freelance photographer’s photographs.
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First Amendment Freedoms Need “Breathing Space”

First Amendment Scholar David L. Hudson discusses the concept of protecting questionable speech in order to provide “breathing space” for other expression.
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Federal Appeals Court Upholds South Carolina Anti-Profanity Law

free speech

You better not curse within hearing distance of a church or school in South Carolina.   That’s because the state has a law that specifically bans such profanity.  Krystal Johnson challenged
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Georgia High Court Invalidates Law Prohibiting the Insulting of School Officials

A Georgia law prohibiting any non-student from upbraiding, insulting, or abusing a public school official in the presence of a minor infringes on too much protected speech, the Georgia Supreme
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Federal Judge: School Officials Justified in Suspending Student for Cyberbullying

What happens when cyberbullying laws and policies collide with a student’s First Amendment free-speech claims? A recent federal district court decision out of New Jersey recently struck the balance in
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