First Amendment

Latest in First Amendment

First Amendment

Document: Lawsuit Challenging Constitutionality of Intelligence and Military Pre-Publication Review

On Tuesday, former intelligence and military officials filed a lawsuit challenging the constitutionality of the government's pre-publication review process, which requires former personnel to submit public writing for review before publication. The complaint for declaratory and injunctive relief, filed in the U.S. District Court for the District of Maryland, is available in full here and below.


First Amendment

Document: Fourth Circuit Says Virginia Politician’s Facebook Page is a ‘Public Forum’ and that First Amendment Prohibits Blocking Constituents

On Monday, the U.S. Court of Appeals for the Fourth Circuit ruled in Davidson v. Randall that a Virginia county official who blocked a constituent's access to the official’s Facebook page had violated the First Amendment. The court held that the official’s Facebook account amounted to a “public forum” and that blocking constituent access based on political viewpoints is unconstitutional. The full ruling is below.

Civil Liberties and Constitutional Rights

How White House Threats to Revoke Security Clearances Violate the First Amendment

The White House’s threat Monday to revoke the security clearances of former intelligence community officials who have criticized the president over his response to Russian interference in the 2016 election (and Tuesday’s apparent escalation) is the latest move in the Trump administration’s ongoing campaign to punish those who voice disagreement with the president.

Communications Decency Act

Document: Lawsuit Argues FOSTA is Unconstitutional

The Electronic Frontier Foundation has filed a lawsuit challenging the constitutionality of the Allow States and Victims to Fight Online Sex Trafficking Act of 2017 (FOSTA), on behalf of two human rights organizations, the Internet Archive, and two individual plaintiffs. FOSTA creates a loophole in the immunity granted to internet platforms for third-party content under Section 230 of the Communications Decency Act: under FOSTA, websites can be held liable for promoting or facilitating prostitution. Plaintiffs seek to declare the law unconstitutional under the First and Fifth Amendments.

Donald Trump

Document: Trump's Blocking of Critics on Twitter is Unconstitutional, U.S. District Court for the Southern District of New York Rules

The U.S. District Court for the Southern District of New York has issued a declaratory judgment holding that President Trump's blocking of his critics on Twitter violates the First Amendment. The ruling is included in full below.

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