Archive | Freedom of Speech

Here’s a passage from Holder v. Humanitarian Law Project that would be very troubling if the restriction weren’t limited to speech coordinated with groups designated as foreign terrorist organizations — and may be very troubling even given that limitation. The Court is explaining why the restricted speech may jeopardize the government interest in “combating terrorism,” […]

[UPDATE: I have since added a post that takes a different — and, I think, more helpful, look — at the strict scrutiny test as it is affected by Holder v. Humanitarian Law Project; you can see it here.] The Holder v. Humanitarian Law Project majority acknowledges that the law was a content-based restriction on […]

The Supreme Court has long distinguished content-based speech restrictions, which are almost never upheld (when they’re imposed by the government as sovereign rather as proprietor, and deal with speech outside the established First Amendment exceptions), from content-neutral speech restrictions, which will often be upheld if they leave open ample alternative channels for communication. And the […]

A post on Humanitarian Law Project and content discrimination reminded me that I’d never blogged my summary of the content-based/content-neutral speech restrictions under current First Amendment law. So here it is, extracted from my First Amendment textbook. (Note that all this assumes that the government is regulating speech acting as sovereign — not as proprietor, […]

Today’s Holder v. Humanitarian Law Project says something that’s important for speech restrictions generally. Some laws ban a wide range of conduct that causes a certain kind of harm, and include speech that tends to causes the harm — and thus triggers the law — because of what the speech communicates. Thus, for instance, A […]