1st Amendment
195 Articles

The Right to Protest Is Under Assault. Frontline Activists Show How to Fight Back.
Governments around the world are cracking down on protest rights; activists are documenting the playbook and building their own.

How Jack Smith May Charge Trump PAC with Fraudulent Fundraising Within the Bounds of First Amendment
Special Counsel Jack Smith could charge Donald Trump with federal wire fraud for his fundraising off of the Big Lie.

Missouri v. Biden Raises More First Amendment Questions Than It Answers
The interactions at the heart of Missouri v. Biden implicate many speech interests: those of the platforms, independent entities researching misinformation, the government, and…

The Just Security Podcast: Free Speech and Content Moderation in Missouri v. Biden
To unpack the initial decision in Missouri v. Biden, and what it means for the First Amendment, we have Knight Institute Fellow Mayze Teitler.

Restricting the Government from Speaking to Tech Companies Will Spread Disinformation and Harm Democracy
Invoking the First Amendment, a single district court judge effectively issued a prior restraint on large swaths of speech, cutting short an essential dialogue between the government…

How DHS is Fueling Georgia’s “Terrorism” Crackdown on Cop City Protests
The charging of Cop City protestors as domestic terrorists highlights the dangerous manner in which the federal government’s DVE policies are playing out on the ground – interacting…

DHS’s Newest Target: Atlanta “Cop City” Activists
Homeland security organizations are injecting federal spy agencies into local political matters, often without meaningful restrictions.
DHS Intelligence Rearranges the Deck Chairs—Again
The new realignment of the DHS Office of Intelligence & Analysis fails to address the agency's fundamental problems.

Montana is Trying to Ban TikTok. What Does the First Amendment Have to Say?
The current debate's failure to engage a complex reality serves neither the interests of national security nor freedom of expression.

Fox News’ Recent Setback Against Dominion Is a Major Victory for the First Amendment
A jury finding Fox News liable for defamation would be both a fair outcome and a victory for democracy and the First Amendment.

Two Supreme Court Cases Could “Break the Internet”: What Role Should Free Speech Play?
Instead of demonstrating eagerness to reconsider Section 230, the Justices appeared unsure about how exactly the law should be interpreted.

Speech or Debate Immunity Will Not Protect Scott Perry’s Phone
On Thursday, the DC Circuit Court of Appeals held a hearing on whether Rep. Scott Perry (R-Penn.) is protected by the Speech or Debate Clause from the Jan. 6 criminal investigation....