I protect your right not to be arrested for posting zombie jokes on Facebook. www.ca5.uscourts.gov/opinions/pub...

I protect hate speech. While some hateful speech might otherwise meet the test for another exception, there is no exception to me for speech that is bigoted, racist, or hateful.

Another day hiking in the wilderness but took enough of a break to write up my thoughts on Elon Musk's SLAPP suit. www.techdirt.com/2023/11/21/c...

The gall of a government officials calling anyone else "anti free speech" while announcing a government investigation into protected speech.

There is no radical left-wing organization exception to me. I protect your right to report that Twitter showed you ads next to hateful content.

X filed this in federal court in Texas to avoid application of an anti-SLAPP statute. In the Fifth Circuit — including Texas — anti-SLAPP statutes do not apply in federal court even to state claims. The Ninth Circuit — where X has its principal place of business - applies anti-SLAPP statutes. /1

After years of presenting shams about government censorship, this is an actual government censorship and chilling of speech through intimidation and lawfare on behalf of the richest man in America.

The press release candidly concedes that the goal is to target what it calls "radical left-wing organizations," so I guess it's undisputed that this case involves targeting people at least in part because of their perceived political associations???

I protect your right to speak about things you viewed and experienced on Twitter.

I protect your right to burn the American flag in protest. Jailing people for doing it would violate me.

I protect your right to perform in drag.

I protect your right to call someone an “insurrectionist” for their activities on January 6. reason.com/volokh/2023/...

I protect your right to criticize police. https://reason.com/2023/08/11/a-louisiana-man-was-jailed-for-criticizing-police-a-federal-court-wasnt-having-it/

By the way, because the issue rarely gets litigated and even more rarely appealed, the application of the First Amendment to pretrial gag orders and speech-related conditions of release is appallingly sparse and mostly unhelpful.

Well that one day like half this site did

I protect you from the government, not from NASCAR.

My end-qualified-immunity campaign has met similarly moronic resistance. If anything opens up the system to rampant abuse, it’s qualified immunity.

Problem with statement is that “free speech absolutist” is used to mean (1) actual free speech absolutists, like William O. Douglas, none of whom I have ever encountered, (2) people who accurately describe and/or support the current state of the law but that makes people salty, or …

I protect your right to post flyers with inappropriate or offensive language. https://reason.com/volokh/2023/08/03/college-ban-on-inappropriate-or-offense-language-or-themes-in-bulletin-board-postings-struck-down/

I protect your right to refer a woman across state lines to an abortion provider. https://storage.courtlistener.com/recap/gov.uscourts.idd.51978/gov.uscourts.idd.51978.153.0_3.pdf

Anti-SLAPP victory this morning. Dear California plaintiffs and lawyers: please remember that under CA law even if I take a case pro bono, I am entitled to recover my fees and costs at my rack rates.

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

I protect your right to perform in drag in public, including drag story hour. https://montanafreepress.org/2023/07/28/montanas-anti-drag-law-on-hold-ahead-of-pride-festivities/

If only it were legal to alert people in the theater... Oh right, it is. Thanks, First Amendment!

My film-the-police campaign is going well on Twitter

I protect your right to film the police. Keep filming to keep helping. https://arizonaslaw.blogspot.com/2023/07/new-2022-arizona-law-restricting-taking.html?m=1

There are fewer really bad First Amendment takes here — like FAR fewer — and I worry that @badlegaltakes.bsky.social and @usconstamendi.bsky.social will starve. Also it’s weird.

I protect your right not to be compelled to complete a substance abuse treatment program involving pervasive religious elements. https://www.atheists.org/2023/07/wv-atheist-victory-substance-abuse-treatment/

I protect your right to perform in drag in public.

The fifth circuit temporarily halted the injunction barring the federal government from meeting with social media companies about content moderation and misinformation online

I protect your right to cuss.

I protect you from the government, not from Bluesky. A private company choosing not to allow racial slurs on its platform does not violate me.

This is a fair critique. People accurately explaining 303 Creative need to acknowledge that (1) however narrow it is there are going to be concerted efforts by bad people to push it much further and (2) some of those efforts may temporarily succeed before bad judges.

Another SLAPP-suit down—something like our 15th since the Tennessee Public Participation Act (Tennessee's first meaningful anti-SLAPP statute) was enacted in 2019: https://horwitz.law/metro-councilman-dave-rosenberg-prevails-against-slapp-suit-filed-by-failed-tennessee-house-candidate/

Officials in a Kansas town are (again) pressuring the local county library to remove all “transgender books,” as “God does not make mistakes.” https://kansasreflector.com/2023/07/11/st-marys-officials-again-threaten-library-because-of-lgbtq-books/

Speaking of hypocrites who claim they're fighting for free speech while actively attacking it, @aricohn.com has... some words for some GOP AGs. https://www.techdirt.com/2023/07/12/republican-ags-decide-that-coercive-jawboning-is-good-actually-when-they-do-it/

Which nerd invited the 1st amendment account?

I protect your right to sell LGBT-themed merchandise.

The First Amendment is about to break the top 10 most blocks and I’ve dropped out of the top 50 like a schnook. Cc: @usconstamendi.bsky.social

I protect your right to sing different lyrics to the National Anthem. Revoking an American’s citizenship for that would violate me.

However unsavory the Plaintiff, this is a mega-smash, super important First Amendment win. Surreptitious recording is essential in a host of news-gathering and other contexts. https://cdn.ca9.uscourts.gov/datastore/opinions/2023/07/03/22-35271.pdf (Via Short Circuit IJ.)

Another example of why I am awesome

He was looking up obscenity cases in Westlaw. Ugh. 🙄

When we see FL and TX passing laws against "CRT" based on the premise that it's harmful to Whites - and those laws appear so far to be mostly blocked by the courts - it's just crazy to me for the left to be advocating for a weakening of 1A.

Okay, okay, my post about the injunction against the federal government from talking to social media companies is finally up: https://www.techdirt.com/2023/07/06/the-good-the-bad-and-the-incredibly-ugly-in-the-court-ruling-regarding-government-contacts-with-social-media/

I protect your right to hold a “God Bless the Homeless Vets” sign outside of city hall. https://www.thefire.org/news/victory-after-fire-lawsuit-georgia-city-rescinds-law-requiring-mayors-permission-protest

Incitement requires the advocacy of imminent lawless action that is likely to produce such action. The material here, while repugnant, doesn't meet that standard.

I protect your right to say “Fuck the First Amendment” and “Fuck the Constitution” and that’s exactly why I deserve (though do not require you to show me any) respect.