Florida vs. First Amendment

Over the past weeks and months, you may have found yourself asking (or dreading to ask): what aspect of free speech will Florida target next? It started with the “Don’t Say Gay” bill, followed by the “Stop W.O.K.E.” Act’s efforts to ban books (including “woke” math text books), and the...

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Can Anti-Abortion Organizations Discriminate Against Employees Based on Reproductive Healthcare Decisions?

Last year, I wrote about a case challenging New York’s reproductive healthcare nondiscrimination bill on First Amendment freedom of speech grounds. Now, in a related case, the Second Circuit recently held that the law may violate the right to freedom of “expressive association” for certain anti-abortion employers. The law in...

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Gonzalez v. Google: Supreme Court Case Puts Section 230 Immunity on the Line

“No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.”[1] These twenty-six words comprise Section 230(c)(1) of the Communications Decency Act and have, since Congress’ 1996 enactment of the Act, provided internet companies with...

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