Over the last couple of weeks I've gotten communications from five different strangers alerting me of something outrageous: the Los Angeles Times has brought a SLAPP suit against Ted Rall! OMG! Except they haven't, of course. But the people who wrote me aren't to blame — at least not entirely. They're only accepting Ted Rall's […]
Last week I argued that the legal outlook for free speech in America remains bright: the Supreme Court's defense of speech is consistent and robust. But the cultural outlook remains grim. Free speech, as a value, is under cultural assault — and feckless, politicized, and unlikely-to-be-effective legal assault — from across the ideological spectrum. Case […]
There are many very stupid ideas about free speech in academia. Perhaps the stupidest is this: free speech is a legal norm used to protect the powerful at the expense of the powerless, but exceptions to free speech will benefit the powerless. Nobody with a passing knowledge of the history of free speech takes this […]
Last night a popular alt-right troll disrupted a controversial modern production of Julius Caesar staged with a Trumplike figure in the lead role. Some people are incensed at this production and arguing that it depicts and encourages the assassination of Trump himself, and that fury has built to the point that random theaters with "Shakespeare" […]
The LA Times ran my column about cliches and slogans that obscure the free speech debate. Kudos to the Times for making me sound like even more of a choad with the headline.
Donald Trump is no friend of free speech. He promotes ignorance about the First Amendment and has a history of bogus censorious lawsuits. It is not necessary to make things up to paint him as censorious and uninformed about free speech values. Yet here we are again. For the third time I return to Nwanguma […]
Yes, rights are important, and we must offer them generously. But surely we can agree that Nazis don't have rights? Can't we? I mean, surely we can agree that we don't have to extend rights to people who, given a chance, would take those rights from us. Surely we don't have to extend rights to […]
Late last week some bad legal journalism about Donald Trump inspired a flurry of outrage, drama, and triumphalism. To their credit, many of the media outlets and journalists have since corrected misleading headlines and stories, but some survive. Take (if you must) The Independent: Or Us Weekly. This is bad legal journalism. Here's what really […]
I have a piece up over at Fault Lines. By the way, Fault Lines is a definitive criminal justice blog, and you should definitely follow it at its new location.