Do student newspapers and TV stations have the same degree of First Amendment protection as independent newspapers and broadcasters? A pending Nebraska case will examine that question. In the Northwest Public School District, the Viking Saga, a student-run newspaper,...
First Amendment
Check Out the MTSU Free Speech Center Annual Report
Are you interested in becoming more informed about the First Amendment, but you’re not sure where to begin? The Middle Tennessee State University Free Speech Center is a great place to start. The center’s annual report for 2022 is available here: annual report. The...
Court: Fees and Permits for Commercial Filming at National Parks Are Reasonable Under First Amendment
What happened to the commercial filmmaker who filmed at a national park without first obtaining a permit? He claimed the need to pay a fee and obtain a permit violated the First Amendment. The trial court ruled in his favor. The U.S. Court of Appeals for the D.C....
DMCA Abuse & How Anonymity Protects Free Expression
Have you ever been served a DMCA Takedown Notice? This legal tool was created by the Digital Millennium Copyright Act in 1998 to protect intellectual property on the internet. But decades down the road, we’ve seen that some internet users experience DMCA abuse –...
Is Abortion Speech Protected by the First Amendment?
We know that the Supreme Court overturning of Roe v. Wade affects abortion rights throughout the nation. But is abortion speech protected by the First Amendment even if it’s banned in certain states? The new state-by-state nature of abortion law is what renders...
First Amendment Complications of AZ HB2319: Restricting Filming of Police
Even though case law is well settled, the debate over the filming of police as a First Amendment right continues. The 10th Circuit Court of Appeals recently reinstated a lawsuit, ruling that civilian videos of police are protected by the constitution: “[The...
Coincidence or Correlation in Yakima, WA?
Most free-speech cases are complicated. For instance, a case regarding free speech in Yakima, WA rests on the intersection of protection against discrimination and public safety. A local furniture business owner sued the city and several public employees, alleging...
Does Your State Have an Anti-SLAPP Law? SC Doesn’t
I have posted about anti-SLAPP laws. SLAPP stands for Strategic Lawsuits Against Public Participation. Often brought by public figures or organizations with greater power and resources, anti-SLAPP lawsuits are filed with the unstated purpose of silencing critical...