The Ongoing Challenge to Define Free Speech

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First Amendment

Getting to the Truth: Fake News, Libel Laws, and “Enemies of the American People”

Jane E. Kirtley

The public wants the press to tell the truth. When politicians call the press “the enemy of the people” and threaten to “open up” libel laws, who will decide what is “fake news”?

First Amendment

What Constitutes a Public Forum on Social Media?

David McGee

As more politicians are using social media to communicate with citizens, the question arises: When is a politician’s social media account considered a public instead of a private forum?

First Amendment

In the Age of Social Media, Expand the Reach of the First Amendment

David L. Hudson, Jr.

The time has come for the First Amendment to be extended to cover powerful private social media entities such as Facebook and Twitter that can limit, control, and censor speech.

LGBTQ Legal Issues

Not a Masterpiece: The Supreme Court’s Decision in Masterpiece Cakeshop v. Colorado Civil Rights Commission

Erwin Chemerinsky

The recent decision in the Masterpiece Cakeshop case allowed a business to discriminate based on its owner’s beliefs, which goes against many established federal, state, and local civil rights laws.

First Amendment

Counterspeech in Response to Changing Notions of Free Speech

Nadine Strossen

Many people hold inconsistent notions of free speech, cherishing the liberty to speak freely but wanting to suppress speech when it is controversial or hateful. The concept of counterspeech promotes more speech as opposed to silencing and censorship.

First Amendment

Thwarting Speech on College Campuses

Stephen J. Wermiel & Josh Blackman

Two companion pieces provide examples of student protesters on college campuses silencing speakers they disagree with—on both sides of the political spectrum. These events raise questions about how our nation deals with speech that is offensive to parts of the population.

First Amendment

Sexual Expression and Free Speech: How Our Values Have (D)evolved

Geoffrey R. Stone

Throughout history, courts have struggled with how to define and regulate obscenity. As thoughts regarding free speech have changed over time, so have social mores, and now an unregulated Internet provides unlimited access to sexual images.

First Amendment

Human Rights Heroes: The Challengers of Free Speech

Stephen J. Wermiel

In this issue of Human Rights, we honor those who have sacrificed to protect the free exchange of ideas in our society.

American Bar Association TM American Bar Association

The Ongoing Challenge to Define Free Speech