Freedom of speech and freedom of press are covered by many of the same laws. And both concepts are covered under the First Amendment: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the...
Media Law
Will Sun Sentinel Face Consequences for Revealing Redacted Info on Nikolas Cruz?
After the Parkland shooting at Marjory Stoneman Douglas High School, there was an investigation into how effectively the school district provided counseling and education services to shooter Nikolas Cruz in the months leading up to the horrific crimes he is charged...
Judge Confirms: You Can Be Fired for Flipping Off the President without Violating Your First Amendment Rights
At the end of last year, I shared about the case of Juli Briskman, who was photographed flipping the bird at President Trump’s motorcade. Her company, which oversees government contractors, fired her after she shared the photo on social media. Briskman then filed a...
Supreme Court: Our Right to Criticize and Petition the Government Remains Fundamental
From the earliest days of our Nation, criticizing government officials without retribution has been a hallmark of the freedoms our Founders determined as essential to our democracy. At the same time, those who serve in public office deserve respect and must be able to...
Why the NFL and ABC Are Free to Squelch the Free Speech of Football Players and Roseanne
Roseanne’s racist tweet. Kneeling football players. These recent events have caused people on both the right and left to express concerns about freedom of speech and expression in the United States. But these concerns are based on a misunderstanding. The truth is...
Mr. President, Unblock Your Twitter Account
A single tweet from President Trump is often fodder for an entire news cycle. It can completely change the national conversation and take over the public discourse. But what if the Tweeter-in-Chief blocks you from his conversations because you disagree with his ideas?...
Calling Someone a Drunkard Is Libel – Unless It’s True
Making public statements —written or verbal—about someone’s professional or personal conduct is risky business. I wrote about some of the dangers in a recent post. The news media know the law. They must have facts to back up reports about a person’s conduct,...
Trade Secret Exemption from Public Records Unchanged
In an earlier post, I discussed public records legislation that would have removed the trade secrets exemption for businesses contracting with state agencies. But HB 459 died in the process during the 2018 session that ended in March, along with three other pieces of...