Free speech roundup

  • Howard Dean, in hole re: grasping legal status of “hate speech,” keeps digging [Eugene Volokh (“No, Gov. Dean, There Is No ‘Hate Speech’ Exception to the First Amendment”), more (Chaplinsky and “fighting words”), Ronald K.L. Collins (will Dean publicly debate Volokh?]
  • White House Chief of Staff Reince Priebus gets asked on a talk show about Trump’s much-criticized hopes for libel law. Did he say much that was new? [Volokh]
  • “Don’t Compel Doctors to Promote State-Favored Programs” [Ilya Shapiro and Thomas Berry on Cato amicus brief supporting Supreme Court certiorari in National Institute of Family & Life Advocates v. Becerra]
  • “Newspapers and magazines tend to bury stories about libel settlements. Don’t want to give readers ideas.” [@jackshafer on Twitter]
  • Until courts definitively smack down New York Attorney General Eric Schneiderman’s war on wrongful climate advocacy, this interim freedom-of-information win is nice [CEI] Related: Leo Doran, Inside Sources.
  • First “alternative facts,” now this: “Students Have an ‘Alternate Understanding’ of the First Amendment.” [Stephanie Castellano, Newseum]


  • So, under my “alternate understanding” of the Second Amendment, the NFA, FFA, 68 GCA, and just to name one, NYS’s Sullivan Act, are all unconstitutional?


  • Only, of course, that’s the plain language originalist interpretation of the 2A.