Free speech roundup

  • Sequel to Driehaus case on penalizing inaccurate campaign speech: “A Final Goodbye to Ohio’s Ministry of Truth” [Ilya Shapiro, Cato; earlier here, here]
  • FCC commissioner Ajit Pai: U.S. tradition of free expression slipping away [Washington Examiner]
  • Québécois comedian Mike Ward is already out $100,000 in legal fees after discovering how CHRC can stand for Crushes Humor, Ruins Comedy [Gavin McInnes, The Federalist]
  • 10th Circuit free speech win: Colorado can’t shackle small-group speech against ballot measure [Coalition for Secular Government v. Williams, earlier]
  • New York Times goes after publisher of “War Is Beautiful” book: are picture thumbnails fair use? [Virginia Postrel, earlier]
  • Constitutional? Not quite: Illinois bill would ban posting “video of a crime being committed” “with the intent to promote or condone that activity” [Eugene Volokh]


  • Re: Québécois comedian Mike Ward

    That paragraph where the prosecutrix asks if everyone can hear the TV is comedy gold.

  • If one is not willing to throw out Colorado’s campaign control entirely on First Amendment grounds, one could impose a put-up-or-shut-up test on it:

    If Colorado authorities believe it is important to collect all this information from political campaign speakers, then Colorado should be willing to pay the legal and other costs needed to collect it.

    Possible example:
    For each campaign account, Colorado should pay 100% of legal costs up to $5,000, and then reduced shares on a sliding scale for legal costs above that, say 99% on $5k-10k, and 50% of legal expenses over $500k.

    Political players would have no liability for errors by State legal advisors.