The First Amendment
@usconstamendi.bsky.social
I am the First Amendment. I love to post about myself. Take advantage of me but please don't violate me.
I protect your right not to be arrested for posting zombie jokes on Facebook.
www.ca5.uscourts.gov/opinions/pub...
www.ca5.uscourts.gov/opinions/pub...
www.ca5.uscourts.gov
November 26, 2023 at 2:54 AM
I protect your right not to be arrested for posting zombie jokes on Facebook.
www.ca5.uscourts.gov/opinions/pub...
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.
November 26, 2023 at 2:45 AM
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.
Reposted by The First Amendment
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...
www.techdirt.com/2023/11/21/c...
Congrats To Elon Musk: I Didn’t Think You Had It In You To File A Lawsuit This Stupid. But, You Cr...
So, yesterday we covered Elon Musk’s ridiculous censorial threat to sue Media Matters “the split second the court opens on Monday.” Of course, as we noted, you can file lawsuits 24/7. And yet, a...
www.techdirt.com
November 21, 2023 at 11:54 PM
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...
www.techdirt.com/2023/11/21/c...
Reposted by The First Amendment
The gall of a government officials calling anyone else "anti free speech" while announcing a government investigation into protected speech.
NEW: Texas AG Ken Paxton says he's opening an investigation into Media Matters
November 21, 2023 at 2:18 AM
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.
NEW: Texas AG Ken Paxton says he's opening an investigation into Media Matters
November 21, 2023 at 2:19 AM
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.
Reposted by The First Amendment
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.
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NEW: X/Twitter's lawsuit against Media Matters storage.courtlistener.com/recap/gov.us...
November 21, 2023 at 12:27 AM
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.
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Reposted by The First Amendment
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.
NEW: Texas AG Ken Paxton says he's opening an investigation into Media Matters
November 21, 2023 at 1:03 AM
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.
Reposted by The First Amendment
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???
NEW: Texas AG Ken Paxton says he's opening an investigation into Media Matters
November 21, 2023 at 1:44 AM
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.
November 18, 2023 at 2:45 PM
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.
September 12, 2023 at 12:42 AM
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.
BREAKING: Tennessee prosecutor threatens pride event, warning he will enforce anti-drag law. A lawsuit against the prosecutor, Blount County's Ryan Desmond, is expected on Wednesday.
A Law Dork exclusive: www.lawdork.com/p/tennessee-...
A Law Dork exclusive: www.lawdork.com/p/tennessee-...
Tennessee prosecutor threatens pride event, warning he'll enforce anti-drag law
Law Dork was provided a memo Blount County prosecutor Ryan Desmond sent to law enforcement, Blount Pride, and other officials. A lawsuit is expected.
www.lawdork.com
August 30, 2023 at 12:39 AM
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/...
reason.com/volokh/2023/...
Lawsuit Over Alec Baldwin's Publicly Labeling Woman "Insurrectionist" for Her Jan. 6 Activities Dism...
Plaintiffs sued for defamation, and also for negligence and intentional infliction of emotional distress stemming from the comments aroused by Baldwin's posts.
reason.com
August 23, 2023 at 1:03 AM
I protect your right to call someone an “insurrectionist” for their activities on January 6.
reason.com/volokh/2023/...
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/
https://reason.com/2023/08/11/a-louisiana-man-was-jailed-for-criticizing-police-a-federal-court-wasnt-having-it/
He was jailed for criticizing police. A federal court wasn't having it.
The decision supports the notion that victims should be entitled to recourse when the state retaliates against people for their words. But that recourse is still not guaranteed.
reason.com
August 12, 2023 at 12:31 AM
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/
https://reason.com/2023/08/11/a-louisiana-man-was-jailed-for-criticizing-police-a-federal-court-wasnt-having-it/
Reposted by The First Amendment
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.
You know ALL I am asking for is a few days to research the poorly documented and incomplete law on First Amendment challenges to pretrial restrictions on speech. A FEW DAYS before anyone forces the issue. Is that so much to ask?
August 7, 2023 at 4:36 PM
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
Who the fuck blocks the First Amendment?
August 6, 2023 at 11:58 PM
Well that one day like half this site did
I protect you from the government, not from NASCAR.
August 6, 2023 at 12:43 AM
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.
If anything opens up the system to rampant abuse, it’s qualified immunity.
August 5, 2023 at 2:11 AM
My end-qualified-immunity campaign has met similarly moronic resistance.
If anything opens up the system to rampant abuse, it’s qualified immunity.
If anything opens up the system to rampant abuse, it’s qualified immunity.
Reposted by The First Amendment
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 …
Always block “free speech absolutists.”
August 4, 2023 at 5:43 PM
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/
https://reason.com/volokh/2023/08/03/college-ban-on-inappropriate-or-offense-language-or-themes-in-bulletin-board-postings-struck-down/
College Ban on "Inappropriate or Offense Language or Themes" in Bulletin Board Postings Struck Down
The case involved Young Americans for Freedom postings about "Leftist Ideas" and about abortion.
reason.com
August 4, 2023 at 12:43 AM
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/
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
https://storage.courtlistener.com/recap/gov.uscourts.idd.51978/gov.uscourts.idd.51978.153.0_3.pdf
August 4, 2023 at 12:40 AM
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
https://storage.courtlistener.com/recap/gov.uscourts.idd.51978/gov.uscourts.idd.51978.153.0_3.pdf
Reposted by The First Amendment
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.
August 3, 2023 at 9:56 PM
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.
August 2, 2023 at 12:45 AM
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/
https://montanafreepress.org/2023/07/28/montanas-anti-drag-law-on-hold-ahead-of-pride-festivities/
Montana’s anti-drag law on hold ahead of Pride festivities
A federal judge temporarily restrained officials from enforcing HB 359 after a Wednesday hearing on the Republican-crafted law.
montanafreepress.org
July 29, 2023 at 2:32 AM
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/
https://montanafreepress.org/2023/07/28/montanas-anti-drag-law-on-hold-ahead-of-pride-festivities/
Reposted by The First Amendment
If only it were legal to alert people in the theater...
Oh right, it is. Thanks, First Amendment!
Oh right, it is. Thanks, First Amendment!
when you’re watching Barbie but the Oppenheimer 70MM showing next door achieves atmospheric ignition
July 23, 2023 at 2:42 AM
If only it were legal to alert people in the theater...
Oh right, it is. Thanks, First Amendment!
Oh right, it is. Thanks, First Amendment!