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...
First Amendment
Public Records and Accusations of Election Fraud
Since the 2020 elections, public records requests to elections agencies have increased exponentially. Elections officials say that people who believe they will find evidence of voter and election fraud have caused the increase. Elections officials say the increased...
First Amendment History: The Deborah Lipp Case
Consider this from First Amendment history: In August 1977, Deborah Lipp won a First and Fourteenth Amendment case against the principal of her New Jersey public school and the state attorney general arising from her refusal to stand during the Pledge of...
Florida’s “Stop WOKE Act” Does Not Survive First Amendment Scrutiny
If speech makes people uncomfortable, should it be restricted? Would such a restriction be a violation of First Amendment law? Florida Governor Ron DeSantis’s Individual Freedom Act (IFA), also known as the “Stop WOKE Act,” provoked these questions with its enactment...
Edward Birk elected to the Florida First Amendment Foundation’s Board of Trustees!
Congratulations to First Amendment attorney Edward Birk for being named to the Florida First Amendment Foundation's Board of Trustees! The First Amendment Foundation believes that government openness and transparency are critical to citizen trust and involvement in...
Ocasio-Cortez Apologizes for Blocking Critic on Twitter
While our courts continue to apply and set precedents for free speech liberties in the digital age, Democratic Congresswoman Alexandria Ocasio-Cortez is receiving accolades for her handling of the First Amendment violation suit against her for blocking a critic on...
Sarah Palin Revives Lawsuit Against NY Times
In 2017, the New York Times published an article regarding a printed map Sarah Palin’s political action committee distributed. It included superimposed images of crosshairs over Democratic congressional districts to be challenged in future elections. As I wrote then,...
Turning Courtroom Discontent Into Raw Social Media Hostility in the Digital Public Square Gets Florida Attorney Nowhere
Since February 27, Florida lawyer Ashley Ann Krapacs has been suspended from practicing law in the state until further notice. She claims First Amendment protection. The Florida Bar and Supreme Court of Florida point out that even the First Amendment has limits, and...