I occasionally hear people argue that the freedom of the press was originally understood as extending only to publications on political topics. I don’t think that’s right. The freedom of the press was certainly understood as providing some protection for political publication, though there was disagreement about what limitations were permitted, and even whether the […]
Archive | Freedom of Speech
Telling Legislator, “If You Vote for This Law, We’ll Try to Defeat You in the Next Election,” Forbidden in Colorado?
That’s what Colo. Rev. Stat. § 24-6-308 seems to say: (1) No person engaged in lobbying shall: … (h) Attempt to influence the vote of a covered official in connection with any pending matter by threat of a political reprisal, including without limitation the promise of financial support of, or opposition to, the covered official’s […]
Final Thoughts: Changing the Culture on Campus
By Greg Lukianoff, guest-blogging on November 2, 2012 6:50 pm in First Amendment, Freedom of Speech, Freedom of Speech at Colleges and Universities
This week I survived Hurricane Sandy, a massive tree covering the entire front of my house, an intermittent Internet connection, and even guest-blogging for The Volokh Conspiracy. For my last post, I wanted to end on a positive note. First, I wanted to let you all know that I am having a book event for […]
Amicus Brief in Elane Photography v. Willock (the New Mexico Wedding Photography Case)
I’m pleased to report that I filed a friend-of-the-court brief, on behalf of the Cato Institute, Dale Carpenter, and myself, arguing that wedding photographers (and other speakers) have a First Amendment right to choose what expression they create, including by choosing not to photograph same-sex commitment ceremonies. All the signers of the brief support same-sex […]
‘The New York Times’, Yale, and Sissygate
By Greg Lukianoff, guest-blogging on November 2, 2012 10:52 am in First Amendment, Freedom of Speech, Freedom of Speech at Colleges and Universities
Last week, I had the pleasure of having my first op-ed published in The New York Times, and I was pleased (and a little surprised) when the letters to the editor that were published the next day were overwhelmingly positive. The op-ed changed a lot during the editing process, evolving from what started as a […]
Private Religious Colleges and Free Speech
By Greg Lukianoff, guest-blogging on November 1, 2012 10:38 am in First Amendment, Freedom of Association, Freedom of Speech, Freedom of Speech at Colleges and Universities
I have been guest blogging this week, and Eugene asked me to reserve some of my posts to respond to reader comments. From the moment that Eugene announced I would be posting, a few commenters have decided that the single most important thing FIRE should actually be fighting is the scourge of censorship-happy Christian colleges. […]
Only a Few Examples of Censorship on Campus?
By Greg Lukianoff, guest-blogging on October 31, 2012 6:10 pm in First Amendment, Freedom of Speech, Freedom of Speech at Colleges and Universities
A few commenters on my latest post for The Volokh Conspiracy have been riffing on the theme that the Foundation for Individual Rights in Education (FIRE, where I work) is only able to show a few examples of censorship on campus, and therefore it must not be that big of a problem. Here’s my erudite […]
May a State Ban Electioneering on Election Day?
The answer is pretty clearly “no,” given the First Amendment, and Emineth v. Jaeger (D.N.D. Oct. 29, 2012) has struck down such a North Dakota statute: Any person asking, soliciting, or in any manner trying to induce or persuade, any voter on an election day to vote or refrain from voting for any candidate or […]
The Reality of College Censorship, Part 2: Speech Codes
By Greg Lukianoff, guest-blogging on October 31, 2012 9:45 am in First Amendment, Freedom of Speech, Freedom of Speech at Colleges and Universities
While the public seems to fondly believe that speech codes are a thing of the past — a bygone product of the “political correctness” movement of the 1980s and 1990s — they are alive and well on the modern college campus. As I explain in Unlearning Liberty, these days, you’re unlikely to open up a student handbook and […]
Mann v. Steyn — The Defendants Respond
By Jonathan H. Adler on October 25, 2012 8:51 pm in Climate Change, Defamation, Freedom of Speech, Politicizing Science
On Monday, famed climate scientist Michael Mann filed suit against National Review and the Competitive Enterprise Institute over some allegedly defamatory blog posts. Now some of the defendants have responded. Here is CEI’s official response, and a legal analysis from their lawyer. Of note, while CEI refused to apologize for the initial blog post (which […]
Sixth Circuit Upholds Exclusion of “Fatwa on Your Head? … Leaving Islam?” Ad From Detroit Area Buses
In American Freedom Defense Initiative (AFDI) v. Suburban Mobility Authority for Regional Transportation (SMART) (6th Cir. Oct 25, 2012), AFDI had tried to buy an ad on the sides of SMART city buses reading, Fatwa on your head? Is your family or community threatening you? Leaving Islam? Got Questions? Get Answers! RefugefromIslam.com SMART’s established policy […]
Upcoming Debate on Citizens United at Amherst College
By Ilya Somin on October 23, 2012 2:35 pm in Freedom of Speech, Restrictions on Campaign Contrbs. and Expenses
This Friday at 7:30 PM, I will be debating the Citizens United decision and campaign finance issues at my alma mater, Amherst College. The other participants in the debate will be Prof. Larry Lessig (Harvard Law School), John Samples (Cato Institute), and John Medaille (University of Dallas). I answered some common criticisms of Citizens United […]
Mann v. Steyn — Popcorn Time
By Jonathan H. Adler on October 23, 2012 2:19 pm in Climate Change, Defamation, Freedom of Speech, Politicizing Science
Climatologist Michael Mann, creator of the infamous “hockey stick” graph, has filed suit against National Review and the Competitive Enterprise Institute for allegedly defamatory blog posts attacking Mann and his work. Dr. Mann has posted a release about the suit on his Facebook page. I’ll post links to the complaint once it’s on-line. In the […]
The First Amendment and Free Online Courses [UPDATE: Minnesota Backs Down]
The Chronicle of Higher Education reports that Minnesota has barred Coursera from offering free online courses — including ones that don’t even result in a degree — because it hasn’t properly registered as an educational institution with the Minnesota Office of Higher Education, and, presumably, because the universities and colleges that provide classes through Coursera […]
First Amendment Protects TV Show’s Right to Select Participants Based on Race
So holds Claybrooks v. ABC (M.D. Tenn. Oct. 15, 2012), and I think that’s the right result. Federal antidiscrimination law specifically provides that sex can be a “bona fide occupational qualification,” and the use of sex in casting has long been seen as a classic example of that; but race is omitted from the list […]