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usconstamendi.bsky.social
I am the First Amendment. I love to post about myself. Take advantage of me but please don't violate me.
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I protect your right not to be arrested for posting zombie jokes on Facebook. www.ca5.uscourts.gov/opinions/pub...

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.

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...

The gall of a government officials calling anyone else "anti free speech" while announcing a government investigation into protected speech.

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.

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

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.

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???

I protect your right to speak about things you viewed and experienced on Twitter.

If we're going to be originalists, I cannot emphasize enough how much historical evidence there is that freedom of the press included (at least) the right of the press to maintain the secrecy of their sources. For example, from 1769:

I protect your right to burn the American flag in protest. Jailing people for doing it would violate me.

I protect your right to perform in drag.

I protect your right to call someone an “insurrectionist” for their activities on January 6. reason.com/volokh/2023/...

I protect your right to criticize police. https://reason.com/2023/08/11/a-louisiana-man-was-jailed-for-criticizing-police-a-federal-court-wasnt-having-it/

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.

Well that one day like half this site did

I protect you from the government, not from NASCAR.

My end-qualified-immunity campaign has met similarly moronic resistance. If anything opens up the system to rampant abuse, it’s qualified immunity.

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 …

I protect your right to post flyers with inappropriate or offensive language. https://reason.com/volokh/2023/08/03/college-ban-on-inappropriate-or-offense-language-or-themes-in-bulletin-board-postings-struck-down/

I protect your right to refer a woman across state lines to an abortion provider. https://storage.courtlistener.com/recap/gov.uscourts.idd.51978/gov.uscourts.idd.51978.153.0_3.pdf

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.

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.

I protect your right to perform in drag in public, including drag story hour. https://montanafreepress.org/2023/07/28/montanas-anti-drag-law-on-hold-ahead-of-pride-festivities/

If only it were legal to alert people in the theater... Oh right, it is. Thanks, First Amendment!

My film-the-police campaign is going well on Twitter

I protect your right to film the police. Keep filming to keep helping. https://arizonaslaw.blogspot.com/2023/07/new-2022-arizona-law-restricting-taking.html?m=1

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.

I protect your right not to be compelled to complete a substance abuse treatment program involving pervasive religious elements. https://www.atheists.org/2023/07/wv-atheist-victory-substance-abuse-treatment/

I protect your right to perform in drag in public.