Free Speech

Rapp v. Jews for Jesus, Rehnquist in Brennan's Robes

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In Jews for Jesus v. Rapp, No. SC06-2491, 2008 WL 4659374 (Fla. Oct. 23, 2008), the Florida Supreme Court appears to do the First Amendment a great service by declining to recognize the false light invasion of privacy tort. However, this is a case of the ghost of William Rehnquist haunting Florida after stealing William Brennan's robes.

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Will Your ISP Stand Up for Your Free Speech Rights?

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There are a lot of things to consider when making the decision to launch a blog or website, including questions of cost, ease of use, and ownership of content.  Understanding how these considerations impact your legal rights and potential liability can help you make an intelligent choice as to what platform to use and what precautions to take when you speak online (we've got a whole section on these concerns, and others, in our legal guide).  But one area most people tend to overlook is whether their

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Skype Cannot be Trusted, Period

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As Salon notes in "Skype sells out to China," the eBay-owned service has collaborated with a Chinese company to enable spying on the allegedly encrypted messages that Skype users send each other to and from, and within, China. This disgusting sellout should surprise no one.

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Virginia Supreme Court: State Anti-Spam Law is Unconstitutional

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It looks like Jeremy Jaynes, the first person in the United States to be convicted of a felony for spamming, is going to get a free pass, thanks to a decision handed down by the Virginia Supreme Court last week striking down Virginia's anti-spam law, Va. Code Ann. § 18.2-152.3:1, on First Amendment grounds. 

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Libel Tourism: A First Amendment Holiday

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Over the past few months, I've blogged several times (see here and here) about the proposed federal Free Speech Protection Act of 2008, which would allow a federal court to enjoin the enforcement in the United States of a foreign libel judgment if the speech at issue would not constitute defamati

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Congressman Wears Two Hats: Legislator and Citizen Journalist

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Even elected officials can be citizen journalists.  The New York Times has an interesting report about Representative John Culberson (R) of Texas, who took on a role normally filled by CSPAN after the House had officially adjourned for its summer recess last Friday.

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Appeals Court Strikes Down the Child Online Protection Act (Again)

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Yesterday, the Third Circuit Court of Appeals affirmed a lower court decision ruling that the Child Online Protection Act (COPA) violates the First Amendment.  COPA makes it a crime to knowingly post sexually explicit material that is "harmful to minors” on the web  “for commercial purposes.” Although Congress apparently intended that COPA app

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Revisiting Foreign Libel Law's Pernicious Impact on First Amendment Speech

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Back in April, I blogged about New York's Libel Terrorism Protection Act, which bars the enforcement of foreign defamation judgments unless a New York court has found that the foreign court proceeding provided at least as much protection for freedom of speech and press in that case as would be provided by both the United States and New York Constitutions.

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Global Voices Summit 2008

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Last week, Global Voices held a summit in Budapest, Hungary for its members and the wider community of bloggers, activists, technologists, journalists and others from around the world. Called the

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