The hottest First Amendment Substack posts right now

And their main takeaways
Category
Top U.S. Politics Topics

Interview With America's Exiled Speech Dissident, Dimitri Simes

TK News by Matt Taibbi • 2758 implied HN points • 10 Mar 26
🇺🇸 U.S. Politics First Amendment
  1. A longtime U.S. journalist was criminally charged under a sanctions law for hosting and being paid by a Russian TV program, an unprecedented use of IEEPA that effectively criminalizes certain foreign media employment.
  2. An aggressive FBI raid confiscated many personal belongings and the journalist now lives in Russia under indictment, showing severe personal consequences and that mainstream U.S. outlets largely distanced themselves despite past reliance on his expertise.
  3. The case raises serious First Amendment and press-freedom concerns because the show was in Russian for a Russian audience and there are no public espionage or clear disinformation allegations, creating a chilling precedent for journalists and others paid by foreign outlets.

Freedom of the Press Won’t Protect Don Lemon

Common Sense with Bari Weiss • 760 implied HN points • 31 Jan 26
🇺🇸 U.S. Politics First Amendment
  1. Journalists do not have special criminal immunity; they can be charged for criminal acts even while reporting.
  2. The reports say he met with protesters ahead of time, knew their plans, kept them secret, and filmed the event—facts that could support charges like obstructing worship.
  3. Proving a crime will be hard because prosecutors must show he intended or knew others would commit the offense, and merely "covering" the news usually isn’t enough to convict.

Florida school district removes dictionaries from libraries, citing law championed by DeSantis

Popular Information • 15704 implied HN points • 10 Jan 24
🇺🇸 U.S. Politics First Amendment
  1. Florida school district removes dictionaries from libraries due to a law by DeSantis
  2. Over 2800 books including dictionaries and biographies have been removed from Escambia County school libraries
  3. Authors, parents, and organizations are fighting back against the book removals, alleging violations of the First Amendment

Brendan Carr Once Defended Free Speech. Now He Is Trump’s Chief Censor.

Common Sense with Bari Weiss • 306 implied HN points • 19 Feb 26
🇺🇸 U.S. Politics First Amendment
  1. Republicans loudly condemned the Biden administration for silencing dissent, but now that they’re in power those First Amendment worries have largely vanished.
  2. Brendan Carr, once a vocal defender of free speech, is now leading efforts to pressure platforms to censor critics under the Trump administration.
  3. During COVID, social platforms suppressed dissenting scientists—blacklisting, banning, and deleting content—which shows how content moderation can stifle alternative viewpoints.

Note on the FIRE Suit

TK News by Matt Taibbi • 5537 implied HN points • 07 Aug 25
🇺🇸 U.S. Politics First Amendment
  1. Aliens living in the U.S. have First Amendment rights just like citizens do. This means they can express themselves freely and have certain protections under the law.
  2. Court cases have established that once an alien is in the country legally, they are covered by the Constitution. The rights given by the Constitution apply to all people here, not just citizens.
  3. In the U.S., there is no way for the government to limit free speech based on a person's immigration status. This makes the U.S. different from some other countries where individual rights might be balanced against societal interests.
Get a weekly roundup of the best Substack posts, by hacker news affinity:

Did Google, Facebook, and Amazon Endorse Jim Crow?

BIG by Matt Stoller • 25210 implied HN points • 02 Mar 24
🇺🇸 U.S. Politics First Amendment
  1. The Supreme Court is currently considering a case involving tech giants like Google, Facebook, and Amazon and the question of whether economic regulations for these platforms are unconstitutional under the First Amendment.
  2. The case has broad societal implications, touching on antitrust, privacy, civil rights, and speech liability claims against big tech firms. The argument raised questions about the extent of tech companies' rights to make decisions like racial segregation or account deletions based on political views.
  3. The case illustrates how the influence of Robert Bork, a conservative antitrust lawyer, has shaped modern American corporate state, particularly the broad support for a society run by big tech, challenging the traditional role of democratically elected officials in regulating private tech platforms.

An Ominous Sign

TK News by Matt Taibbi • 9902 implied HN points • 18 Dec 24
🇺🇸 U.S. Politics First Amendment
  1. The Global Engagement Center (GEC) may not be shut down and could receive a one-year extension. This was part of a deal between Senate Democrats and Republicans.
  2. The GEC has been criticized for funding efforts that involved blacklisting conservative media. This issue continues to raise concerns about free speech.
  3. If the Republican party gives up on standing up for free speech, it could lead to serious consequences for voters. It's important to monitor how this situation develops.

Today’s Censorship Is Personal

Human Flourishing • 2122 implied HN points • 08 Feb 24
🇺🇸 U.S. Politics First Amendment
  1. Governments throughout history have tried to control speech and communication channels.
  2. Technological advancements have made censorship more personal and affect the tools we use every day.
  3. The outcome of Missouri v. Biden case in 2024 will determine the scope of government censorship and impact fundamental rights.

When Government Decides What You Can Read (Part 1)

Who is Robert Malone • 12 implied HN points • 10 Mar 26
🇺🇸 U.S. Politics First Amendment
  1. The White House ran a sustained, well-documented campaign pressuring major tech platforms to remove or downrank COVID‑related content, and that campaign was executed day-to-day by political digital operatives who targeted scientists and conservative commentators.
  2. A British nonprofit, the Center for Countering Digital Hate, provided target lists used by the administration, meaning a foreign partisan organization helped shape which American voices were flagged for suppression.
  3. Lower courts found likely government coercion, but the Supreme Court dismissed the case on standing, leaving the central First Amendment question unresolved and showing how procedural rulings can prevent accountability for executive actions.

BOOM: Yesterday In Court We Landed a Major Blow Against the Censorship Leviathan

Human Flourishing • 4186 implied HN points • 05 Jul 23
🇺🇸 U.S. Politics First Amendment
  1. Yesterday a major blow was landed against government censorship in court.
  2. The court granted a temporary injunction in Missouri v. Biden, limiting government officials' communication with social media companies.
  3. The ruling suggested a massive attack on free speech and described government actions as potentially unconstitutional.

On Today’s Absurd New York Times Hit Piece

TK News by Matt Taibbi • 14141 implied HN points • 18 Mar 24
🇺🇸 U.S. Politics First Amendment
  1. The New York Times published a controversial piece about the Twitter Files and its connection to a Trump ally, which the author argues is a misrepresentation of reality.
  2. The Supreme Court case _Murthy v. Missouri_ is significant, as it involves challenges to government monitoring of online content and potential infringement on First Amendment rights.
  3. The article discusses the implications of exposing censorship programs and suggests a potential motive behind the Times' piece as a distraction tactic during the historic case.

LEGAL UPDATE: Missouri v. Biden - Court Denies Government's Motion for Dismissal

Human Flourishing • 3832 implied HN points • 27 Mar 23
🇺🇸 U.S. Politics First Amendment
  1. The court ruled that the case challenging the federal Censorship-Industrial Complex will proceed to trial.
  2. The judge found evidence that government's censorship activities constituted state action in violation of the First Amendment.
  3. Plaintiffs successfully argued against the government's claims of sovereign immunity and lack of standing, moving the case forward.

Why the TikTok Ban is So Dangerous

TK News by Matt Taibbi • 9811 implied HN points • 15 Mar 24
🇺🇸 U.S. Politics First Amendment
  1. Public opinion on the TikTok ban has shifted from strong support to opposition over time.
  2. The passage of the Protecting Americans from Foreign Adversary Controlled Applications Act has raised concerns about potential overreach in granting new powers to the President.
  3. There are worries that the bill could have implications beyond TikTok, leading to broader speech controls and threats to freedom of expression.

How Rupert Murdoch and Fox News Blew the Voting Machine Lawsuit

Peter Navarro's Taking Back Trump's America • 2417 implied HN points • 17 Apr 23
🇺🇸 U.S. Politics First Amendment
  1. The lawsuit against Fox News had a chilling effect on free speech by intimidating people from speaking out.
  2. Fox News failed to investigate voting machine tampering allegations, which may have weakened their defense.
  3. The lawsuit may lead Fox to settle, setting a precedent that lawsuits can silence news organizations.

Free Speech Is Actually Really Simple

Castalia • 1278 implied HN points • 05 Dec 23
🇺🇸 U.S. Politics First Amendment
  1. Free speech is important because it allows everyone to express their ideas, even the ones that are controversial. When we let others speak freely, we protect our own right to speak up too.
  2. There are some concerns that free speech can support harmful ideas or groups. However, allowing open discussion can help check power and make society stronger over time.
  3. Private companies can set their own speech rules, but this can create problems and complicate open discussions. It's often better to stick with the basic idea of free speech to keep conversations simple and honest.

Actual Malice

Glenn’s Substack • 1513 implied HN points • 02 Jun 23
🇺🇸 U.S. Politics First Amendment
  1. The Supreme Court's decision in New York Times v. Sullivan constitutionalized the law of libel.
  2. The case highlighted the importance of the 'actual malice' standard in libel cases, requiring proof of knowledge of falsity or reckless disregard for truth.
  3. The Sullivan case had a significant impact by protecting the press from libel suits, but also raised concerns about media responsibility and trust over time.

It's on, baby!

Adam's Legal Newsletter • 698 implied HN points • 09 Jan 24
🇺🇸 U.S. Politics First Amendment
  1. The Constitution does not require states to include currently ineligible candidates on the ballot, even if they may become eligible in the future.
  2. Allowing ineligible candidates on the ballot can lead to confusion for voters and cause controversy if an ineligible candidate wins the election.
  3. Interpreting the Constitution requires sticking to the text rather than overly creative lawyering to avoid confusion and promote understanding among citizens.

Mr. Lukianoff goes to Washington & introducing FIRE’s Campus Deplatforming Database

The Eternally Radical Idea • 412 implied HN points • 11 Feb 24
🇺🇸 U.S. Politics First Amendment
  1. Greg Lukianoff testified before the House about AI threats to free speech, emphasizing the risks of AI in monitoring, flagging, and censoring individuals.
  2. FIRE introduced Campus Deplatforming Database, aiming to track incidents of censorship on college campuses.
  3. The intersection of law and AI is explored through historical reviews, highlighting the impact of technology on free speech and legal norms.

Judicial Notice (01.13.24): In The Hot Seat

Original Jurisdiction • 579 implied HN points • 14 Jan 24
🇺🇸 U.S. Politics First Amendment
  1. Fulton County District Attorney Fani Willis is facing allegations that could lead to her removal from a high-profile case involving Donald Trump.
  2. The allegations suggest an improper relationship between Willis and one of the special prosecutors appointed in the case, potentially impacting the outcome of the prosecution.
  3. Legal experts believe that while the allegations may not dismiss the charges, they could result in the disqualification of Willis and her office, leading to delays and other complications in the case.

Berenson v. Biden: The Potential and Significance

COVID Reason • 1566 implied HN points • 19 Apr 23
🇺🇸 U.S. Politics First Amendment
  1. Journalist Alex Berenson is suing President Biden and others for orchestrating a public-private censorship campaign against him.
  2. Mainstream media has been silent about Berenson's case, highlighting the issue of censorship in the Covid era.
  3. The lawsuit could lead to uncovering significant information about the Covid era, challenging government censorship and the influence of powerful entities.

New York Times journalist rage quits Substack over inability to censor everything he deems 'hate speech' and 'extremism'

The Dossier • 2214 implied HN points • 12 Jan 24
🇺🇸 U.S. Politics First Amendment
  1. A New York Times journalist quit Substack because he couldn't censor what he considered 'hate speech' and 'extremism'.
  2. Substack stayed true to its mission by refusing to engage in censorship, even under pressure from major publications.
  3. The situation highlights the importance of free speech and the dangers of censorship in shaping narratives and promoting government control.

True Threats And American Cultural Gulfs

The Popehat Report • 3630 implied HN points • 27 Apr 23
🇺🇸 U.S. Politics First Amendment
  1. American society is diverse and faces challenges in applying legal standards like the reasonable person test across different cultures.
  2. Cultural context plays a significant role in determining what constitutes a true threat in First Amendment cases.
  3. To strike a balance between free speech and protection from threats, considering the intended audience's cultural context in true threats analysis could be a valuable approach.

Violent Rioters at Berkeley. In Defense of Self-Driving Cars. Richard Lewis, RIP

Common Sense with Bari Weiss • 1456 implied HN points • 29 Feb 24
🇺🇸 U.S. Politics First Amendment
  1. Maintaining the distinction between speech and violence is crucial in civil society.
  2. Self-driving cars are safer than those driven by humans and can help reduce the high number of road deaths.
  3. Texas A&M decided to shut down its Qatar campus due to national security concerns related to the school's relationship with Qatar and its ties to groups like Hamas and Iran.

The Law of Trump - Part II

Adam's Legal Newsletter • 299 implied HN points • 22 Nov 23
🇺🇸 U.S. Politics First Amendment
  1. The First Amendment is being challenged by the unique case of Trump's statements, requiring the creation of new laws governing his speech.
  2. The court faces challenges in determining the risks justifying a gag order and in assessing the evidence and mental state of Trump's statements.
  3. Trump's political speech blurs the line between protected speech and intimidating behavior, posing challenges for traditional legal analysis.

The Law of Trump - Part I

Adam's Legal Newsletter • 239 implied HN points • 20 Nov 23
🇺🇸 U.S. Politics First Amendment
  1. The appeal in Trump's case highlights new legal questions that need resolution due to his unconventional actions, leading to the creation of 'The Law of Trump.'
  2. Trump's statements about the prosecutors, judge, and witnesses are at the center of the appeal against a court order restricting his speech, raising First Amendment concerns.
  3. There is a split among lower courts on the constitutionality of gag orders against criminal defendants, with examples like _United States v. Ford_ and _United States v. Brown_ showcasing different perspectives.

Dominion v. Fox: Very Much Aforethought Regarding Malice And So Many Other Things

The Chancery Daily • 359 implied HN points • 17 Apr 23
🇺🇸 U.S. Politics First Amendment
  1. The Dominion v. Fox trial in the Delaware Superior Court involves high-profile personalities and is expected to be a dramatic and historic event.
  2. The case touches on themes of norm-breaking and the challenges of handling significant legal cases in courts such as Delaware's Court of Chancery.
  3. The trial, expected to last six weeks, is anticipated to result in an appeal to the Delaware Supreme Court or potentially even the Supreme Court of the United States due to First Amendment considerations.

My questions for the GOP candidates

The Watch • 860 implied HN points • 21 Aug 23
🇺🇸 U.S. Politics First Amendment
  1. Some key questions for GOP candidates revolve around their stance on important issues like the COVID-19 vaccine, QAnon conspiracy theories, and racism.
  2. The GOP candidates are asked about their views on the death penalty, executing drug dealers, and their opinions on the Trump administration's policies.
  3. Questions are raised about the GOP candidates' stance on law enforcement, policing, and criminal justice reforms, including their views on the Capitol riots and the FBI.