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First Amendment › Free Speech › Social Media

The First Amendment to the United States Constitution prohibits the government from making laws respecting the establishment of religion, prohibiting the free exercise of religion, abridging the freedom of speech... more +
The First Amendment to the United States Constitution prohibits the government from making laws respecting the establishment of religion, prohibiting the free exercise of religion, abridging the freedom of speech or the press, preventing citizens from peacefully assembling, or interfering with citizens' ability to petition the government for redress of their grievances. The First Amendment is one of the most sacred aspects of the American legal tradition and has spawned a vast body of jurisprudence and commentary. less -
Morrison & Foerster LLP - Social Media

Social Links: Warnings, Watch Time, and Ghosts in the Feed

Morrison & Foerster LLP - Social Media on

YouTube TV is thriving, and its rivals want a piece of the action. Recently, media ratings giant Nielsen confirmed that YouTube is now not only the most-watched streaming service in the United States, but also the...more

Franczek P.C.

Federal Appellate Court Finds that School Board President Violated First Amendment in Restricting Followers on Social Media

Franczek P.C. on

The U.S. Court of Appeals for the Ninth Circuit, which governs federal districts in the West/Northwest, recently held that a California school board member violated the First Amendment when blocking users’ ability to access...more

Snell & Wilmer

Ninth Circuit Holds School Board Trustee Liable for Blocking Public Comments on Her Social Media Account

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Recently, the Ninth Circuit had the opportunity to apply the U.S. Supreme Court’s test laid out in Lindke v. Freed (March 2024) to determine whether a public official’s use of social media is state action subject to First...more

Sheppard Mullin Richter & Hampton LLP

Arkansas’ Kids Social Media Law: Another One Bites the Dust

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Arkansas’ second attempt at regulating minor’s access to social media – in the form of the Social Media Safety Act (SB 689) – has again been struck down as unconstitutional. The court permanently enjoined the state from...more

Hinckley Allen

Connecticut Supreme Court Protects Free Speech in Online Racism Dispute

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Amidst an increasingly polarized social climate that often manifests on social media, the Connecticut Supreme Court recently affirmed that calling someone on Facebook a “racist” or “white supremacist” could not be the basis...more

Rumberger | Kirk

Court Finds School Board Erred in Punishing Teacher for Political Activity on Social Media

Rumberger | Kirk on

Florida’s Fifth District Court of Appeal (“Fifth DCA”) recently determined the Duval County School Board erred when it disciplined a teacher for politically-charged social media posts made in the run-up to the 2020...more

Shipman & Goodwin LLP

See You In Court - February 2025

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Social media has made it much easier to disseminate hurtful criticisms about teachers, principals, superintendents and even board of education members, and the good people of Nutmeg are no exception....more

Akin Gump Strauss Hauer & Feld LLP

President Trump’s Freedom of Speech Order Takes Aim at Social Media, Broadcasters

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President Donald Trump’s Executive Order titled, “Restoring Freedom of Speech and Ending Federal Censorship” is the Administration’s first step to pursue the President’s content moderation goals for social media and broadcast...more

Troutman Pepper Locke

Missouri AG Announces New Rule for Big Tech

Troutman Pepper Locke on

Missouri’s attorney general (AG) announced on X.com (formerly Twitter) that he is “issuing a rule requiring Big Tech to guarantee algorithmic choice for social media users.” [X.com post (January 17, 2025, roughly 3:35 p.m....more

Akin Gump Strauss Hauer & Feld LLP

Restoring Freedom of Speech and Ending Federal Censorship

Akin Gump Strauss Hauer & Feld LLP on

This order limits the federal government’s ability and the use of taxpayer resources to abridge free speech of American citizens and to take action to correct prior incidents of suppression. It also directs investigation into...more

Kohrman Jackson & Krantz LLP

Ohio Senate Bill 206 Seeks to Expand School Discipline for Conduct on Social Media

Kohrman Jackson & Krantz LLP on

Ohio Senate Bill 206, (SB 206) introduced in 2024, calls for students who post threatening content on social media to be punished with expulsion from school for up to 180 days. The bill defines the proposed prohibited conduct...more

Wiley Rein LLP

Maintaining Civility Post-Election – Guardrails on Employee Political Speech

Wiley Rein LLP on

Election season is officially over, but the tension surrounding discussions about the candidates and the issues in American society is unlikely to end soon. That tension is extending beyond dinner tables and social...more

Dickinson Wright

The Freedom—and Limits—of Political Speech in the Workplace

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With the 2024 election quickly approaching, employers should expect an increase in political conversation and activity in the workplace. It is essential during political seasons for both employers and employees to understand...more

Kohrman Jackson & Krantz LLP

TikTok on the Chopping Block: Will the U.S. Ban the Popular Social Media App?

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On September 16, 2024, the U.S. Court of Appeals for the District of Columbia Circuit heard oral arguments in the seminal case of TikTok, Inc. v. Garland, which centers around the potential ban of TikTok under the Protecting...more

Littler

A Case Study on the First Amendment Defense for Entertainment Industry Employers

Littler on

The First Amendment traditionally offers robust protections for expressive employers, such as those in the entertainment and media industries, allowing them to control casting and messaging. In California, however, these...more

Pillsbury - Internet & Social Media Law Blog

In the Supreme Court’s NetChoice Rulings, the Court Leaves the Door Open for Future Social Media Content Moderation Regulations

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Are social media companies more like newspapers or phone companies? This oft-debated question in social media legal circles, while seemingly trivial on the surface, represents a momentous debate over whether—and how...more

Pillsbury - Internet & Social Media Law Blog

In Murthy v. Missouri, SCOTUS Focus on Plaintiff Standing Sidesteps Underlying, Larger First Amendment Questions

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A recent U.S. Supreme Court decision may have substantial effects on social media censorship. Based on their content-moderation policies, social media platforms have taken actions to suppress certain categories of speech,...more

Morgan, Brown & Joy, LLP

The First Circuit Court of Appeals Finds A Public School Teacher’s Social Media Posts Are Not Constitutionally-Protected Speech

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On June 28, 2024, the U.S. Court of Appeals for the First Circuit issued MacRae v. Mattos, a case involving a public school teacher’s First Amendment speech rights. Shortly before being hired as a teacher at Hanover High...more

Bilzin Sumberg

Supreme Court’s Social Media Ruling Tilts Toward Free Speech

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The US Supreme Court this month declined to rule on whether Florida and Texas laws limiting social media platforms’ content moderation violates the First Amendment, sending the issue back to the lower courts. But in doing so,...more

Ballard Spahr LLP

Pennsylvania Protects Press Freedom, Passes Anti-SLAPP Statute

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Yesterday, July 17, 2024, Pennsylvania joins more than 30 states that have enacted anti-SLAPP laws, providing protection to journalists and media outlets from meritless claims....more

Kohrman Jackson & Krantz LLP

Understanding Defamation vs. Free Speech: A Guide for Dealing with Online Defamation

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The distinction between defamation and free speech often confuses those dealing with online issues. While free speech is a protected right under the First Amendment of the U.S. Constitution, it does not shield individuals...more

Clark Hill PLC

SCOTUS Remands Social Media Content Moderation Cases and Signals Content Moderation as a First Amendment-Protected Activity

Clark Hill PLC on

The First Amendment still imposes some limits on the government’s ability to control what content appears online. On July 1, the United States Supreme Court issued its opinion in Moody v. NetChoice and NetChoice v. Paxton,...more

WilmerHale

What's Next After Major First Amendment Win For Online Companies In Supreme Court's NetChoice Decision?

WilmerHale on

On July 1, the Supreme Court issued one of its most significant decisions regarding First Amendment rights on the internet in the NetChoice cases. At issue were a pair of facial First Amendment challenges to Texas and Florida...more

Carlton Fields

Top First Amendment Cases of the 2023-2024 Supreme Court Term

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The U.S. Supreme Court stepped back from the brink in a term that could have reshaped First Amendment law for the internet age. ...more

Constangy, Brooks, Smith & Prophete, LLP

10 social media tips for employers and employees

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Want to stay out of trouble? Read on! Did you know that this Sunday will be "Social Media Day"? Neither did I. But even after all this time, social media continues to get employees and employers in trouble. Here are six...more

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