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The First Amendment

@usconstamendi.bsky.social
11K followers 35 following 73 posts

I am the First Amendment. I love to post about myself. Take advantage of me but please don't violate me.

PostsRepliesMedia
The First Amendment @usconstamendi.bsky.social · 26/11/2023
I protect your right not to be arrested for posting zombie jokes on Facebook. www.ca5.uscourts.gov/opinions/pub...
ca5.uscourts.gov
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The First Amendment @usconstamendi.bsky.social · 26/11/2023
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.
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Mike Masnick @masnick.com · 21/11/2023
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...
techdirt.com
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...
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Ari Cohn @aricohn.com · 21/11/2023
The gall of a government officials calling anyone else "anti free speech" while announcing a government investigation into protected speech.
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The First Amendment @usconstamendi.bsky.social · 21/11/2023
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.
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Popehat @kenwhite.bsky.social · 21/11/2023
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. /1
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Ben Collins @bencollins.bsky.social · 21/11/2023
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.
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Matthew Segal @segalmr.bsky.social · 21/11/2023
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???
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The First Amendment @usconstamendi.bsky.social · 18/11/2023
I protect your right to speak about things you viewed and experienced on Twitter.
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The First Amendment @usconstamendi.bsky.social · 12/09/2023
I protect your right to burn the American flag in protest. Jailing people for doing it would violate me.
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The First Amendment @usconstamendi.bsky.social · 30/08/2023
I protect your right to perform in drag.
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The First Amendment @usconstamendi.bsky.social · 23/08/2023
I protect your right to call someone an “insurrectionist” for their activities on January 6. reason.com/volokh/2023/...
reason.com
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.
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The First Amendment @usconstamendi.bsky.social · 12/08/2023
I protect your right to criticize police. reason.com/2023/08/11/a-louisiana-m…
reason.com
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.
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Popehat @kenwhite.bsky.social · 07/08/2023
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.
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The First Amendment @usconstamendi.bsky.social · 07/08/2023
Well that one day like half this site did
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The First Amendment @usconstamendi.bsky.social · 06/08/2023
I protect you from the government, not from NASCAR.
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The First Amendment @usconstamendi.bsky.social · 05/08/2023
My end-qualified-immunity campaign has met similarly moronic resistance. If anything opens up the system to rampant abuse, it’s qualified immunity.
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Popehat @kenwhite.bsky.social · 04/08/2023
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 …
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The First Amendment @usconstamendi.bsky.social · 04/08/2023
I protect your right to post flyers with inappropriate or offensive language. reason.com/volokh/2023/08/03/colleg…
reason.com
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.
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The First Amendment @usconstamendi.bsky.social · 04/08/2023
I protect your right to refer a woman across state lines to an abortion provider. storage.courtlistener.com/recap/gov…
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Popehat @kenwhite.bsky.social · 03/08/2023
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.
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The First Amendment @usconstamendi.bsky.social · 02/08/2023
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.
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The First Amendment @usconstamendi.bsky.social · 29/07/2023
I protect your right to perform in drag in public, including drag story hour. montanafreepress.org/2023/07/28/mon…
montanafreepress.org
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.
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Cathy Gellis @cathygellis.bsky.social · 23/07/2023
If only it were legal to alert people in the theater... Oh right, it is. Thanks, First Amendment!
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The First Amendment @usconstamendi.bsky.social · 23/07/2023
My film-the-police campaign is going well on Twitter
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The First Amendment @usconstamendi.bsky.social · 22/07/2023
I protect your right to film the police. Keep filming to keep helping. arizonaslaw.blogspot.com/2023/07/ne…
arizonaslaw.blogspot.com
NEW: 2022 Arizona Law Restricting Taking Video Of Law Enforcement Declared UNCONSTITUTIONAL (READ Or...
Nonprofit news and podcast about Arizona legal news & courts. Opinions/decisions, including Arizona Supreme Court, 9th Circuit, U.S. Supreme Court.
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Popehat @kenwhite.bsky.social · 21/07/2023
There are fewer really bad First Amendment takes here — like FAR fewer — and I worry that @badlegaltakes.bsky.social and @usconstamendi.bsky.social will starve. Also it’s weird.
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The First Amendment @usconstamendi.bsky.social · 20/07/2023
I protect your right not to be compelled to complete a substance abuse treatment program involving pervasive religious elements. www.atheists.org/2023/07/wv-atheist…
atheists.org
WV Court Blocks Unconstitutional Prison Program Targeting Incarcerated Atheist
Charleston, WV — In a sweeping 60-page decision issued yesterday, a federal judge ruled in favor of Andrew Miller, an atheist and Secular Humanist, who has been forced to participate in religious su...
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The First Amendment @usconstamendi.bsky.social · 19/07/2023
I protect your right to perform in drag in public.
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Leah Litman @leahlitman.bsky.social · 14/07/2023
The fifth circuit temporarily halted the injunction barring the federal government from meeting with social media companies about content moderation and misinformation online
Order: appeal is expected; temporay administrative stay granted; stay pending appeal motion deferred to merits panel. Panel: Stewart, graves, Oldham
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The First Amendment @usconstamendi.bsky.social · 17/07/2023
I protect your right to cuss.
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The First Amendment @usconstamendi.bsky.social · 14/07/2023
I protect you from the government, not from Bluesky. A private company choosing not to allow racial slurs on its platform does not violate me.
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Popehat @kenwhite.bsky.social · 13/07/2023
This is a fair critique. People accurately explaining 303 Creative need to acknowledge that (1) however narrow it is there are going to be concerted efforts by bad people to push it much further and (2) some of those efforts may temporarily succeed before bad judges.
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Daniel A. Horwitz @danielahorwitz.bsky.social · 12/07/2023
Another SLAPP-suit down—something like our 15th since the Tennessee Public Participation Act (Tennessee's first meaningful anti-SLAPP statute) was enacted in 2019: horwitz.law/metro-councilman-dave-r…
horwitz.law
Metro Councilman Dave Rosenberg Prevails Against SLAPP-Suit Filed By Failed Tennessee House Candidat...
District 35 Councilman Dave Rosenberg has prevailed in full against a $300,000.00 defamation lawsuit filed by failed Tennessee House candidate and former District 35 challenger Michelle Foreman, a jud...
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Adam Steinbaugh @adamsteinbaugh.bsky.social · 12/07/2023
Officials in a Kansas town are (again) pressuring the local county library to remove all “transgender books,” as “God does not make mistakes.” kansasreflector.com/2023/07/11/st-m…
kansasreflector.com
St. Marys officials again threaten library because of LGBTQ books - Kansas Reflector
St. Marys city commissioners are once again considering pulling the library's lease over a book about a transgender teenager.
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Mike Masnick @masnick.com · 12/07/2023
Speaking of hypocrites who claim they're fighting for free speech while actively attacking it, @aricohn.com has... some words for some GOP AGs. www.techdirt.com/2023/07/12/republi…
techdirt.com
Republican AGs Decide That Coercive Jawboning Is Good, Actually (When They Do It)
It will surprise nobody to learn that when politicians trumpet the First Amendment, they are generally referring only to expression that they agree with. But occasionally, they demonstrate their hy…
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Neil McCauley era @mindcrime.bsky.social · 11/07/2023
Which nerd invited the 1st amendment account?
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The First Amendment @usconstamendi.bsky.social · 12/07/2023
I protect your right to sell LGBT-themed merchandise.
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Popehat @kenwhite.bsky.social · 11/07/2023
The First Amendment is about to break the top 10 most blocks and I’ve dropped out of the top 50 like a schnook. Cc: @usconstamendi.bsky.social
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The First Amendment @usconstamendi.bsky.social · 08/07/2023
I protect your right to sing different lyrics to the National Anthem. Revoking an American’s citizenship for that would violate me.
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Daniel A. Horwitz @danielahorwitz.bsky.social · 07/07/2023
However unsavory the Plaintiff, this is a mega-smash, super important First Amendment win. Surreptitious recording is essential in a host of news-gathering and other contexts. cdn.ca9.uscourts.gov/datastore/opin… (Via Short Circuit IJ.)
Oregon law makes it a crime to surreptitiously record conversations with another person without their knowledge . . . unless you’re a cop performing official duties, in which case, record away! Project Veritas—which has something of a history of secretly recording conversations—challenges the recording ban as a violation of the First Amendment. Ninth Circuit: And they’re right. The ban is unconstitutional. Dissent: We should just sever the exceptions for law enforcement and then the ban is fine.
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The First Amendment @usconstamendi.bsky.social · 07/07/2023
Another example of why I am awesome
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AskAubry 🦝 🐆 @ask-aubry.com · 07/07/2023
He was looking up obscenity cases in Westlaw. Ugh. 🙄
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Chris Jones @cjonesny.com · 06/07/2023
When we see FL and TX passing laws against "CRT" based on the premise that it's harmful to Whites - and those laws appear so far to be mostly blocked by the courts - it's just crazy to me for the left to be advocating for a weakening of 1A.
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Mike Masnick @masnick.com · 06/07/2023
Okay, okay, my post about the injunction against the federal government from talking to social media companies is finally up: www.techdirt.com/2023/07/06/the-goo…
techdirt.com
The Good, The Bad, And The Incredibly Ugly In The Court Ruling Regarding Government Contacts With So...
One has to think that Donald Trump judicial appointee Judge Terry Doughty deliberately waited until July 4th (when the courts are closed) to release his ruling on the requested preliminary injuncti…
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The First Amendment @usconstamendi.bsky.social · 07/07/2023
I protect your right to hold a “God Bless the Homeless Vets” sign outside of city hall. www.thefire.org/news/victory-after-…
thefire.org
VICTORY: After FIRE lawsuit, Georgia city rescinds law requiring mayor’s permission to protest
A Georgia city has eliminated an unconstitutional law that required citizens to get approval from the mayor and city council before they could exercise their right to protest.
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Kathryn Tewson @kathryntewson.bsky.social · 06/07/2023
Incitement requires the advocacy of imminent lawless action that is likely to produce such action. The material here, while repugnant, doesn't meet that standard.
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The First Amendment @usconstamendi.bsky.social · 06/07/2023
I protect your right to say “Fuck the First Amendment” and “Fuck the Constitution” and that’s exactly why I deserve (though do not require you to show me any) respect.
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