First Amendment
DC Court Upholds FOSTA-SESTA, Rejects Free-Speech Challenge
The U.S. District Court for the District of Columbia rejected a legal challenge to FOSTA-SESTA presented by First Amendment and free speech advocates, ruling that the U.S. government can continue enforcing the controversial legislation.
Bipartisan Indiana State Bill Targets Adult Business Zoning
Two Indiana state legislators have taken a municipal battle over zoning discrimination against “sexually-oriented businesses” and ramped it up to the statewide level through a proposed bill prompted by recent legal wins by two adult boutiques.
Digital Rights Experts Warn Against Democrats' Sprawling 'America COMPETES' Bill
Digital rights experts and advocates are sounding the alarm about new provisions for government intervention in online commerce outlined in the lengthy "America COMPETES" bill, which they say may result in restrictions for potentially controversial content, including porn.
9th Circuit Rejects First Amendment Challenge to California's AB5
A panel of Ninth Circuit appeal judges rejected yesterday a First Amendment and Equal Protection challenge to California's Assembly Bill 5, a law that makes it harder for businesses to classify certain professionals — including writers, photographers and video content producers — as freelancers rather than as employees.
Sen. Klobuchar Introduces First Major Section 230 Carve-Out Since FOSTA-SESTA
A new Section 230-eroding bill, the “Health Misinformation Act” (HMA), was introduced yesterday by Sen. Amy Klobuchar (D-Minn.) to create liability for platforms that allow third-party content that is deemed to spread “misinformation” about an “existing public health emergency.”
Georgia Judge Orders Tokyo Valentino Location Shuttered
A Cobb County Superior Court judge has ordered a Tokyo Valentino store closed as the adult boutique awaits an appeal over a zoning and licensing dispute instigated by local officials who oppose “sexually oriented businesses” in the Atlanta-area city of East Cobb.
ACLU Warns Against Biden's Latest Attack on Section 230
The ACLU sharply criticized President Joe Biden and his administration for his direct attack on Section 230 liability protections, which the White House has blamed for a proliferation of misinformation.
Texas Judge Upholds Under-21 Stripper Ban, Claims 'Belief' It May Curb 'Human Trafficking' Trumps 1st Amendment
A U.S. District Court Judge in Texas has denied a proposed preliminary injunction against the recent state law preventing sex workers aged 18-21 from being employed at strip clubs and other “sexually oriented businesses.”
Florida Judge Halts Controversial 'Free Speech' Law
A Florida court enjoined last week the implementation of Florida’s controversial new law making social media platforms liable for moderation policies, in the name of political — but not sexual — "free speech."
Strip Clubs Challenge 'Prurient' Loan Discrimination in Court
A group of strip club owners in Pennsylvania, California, New Jersey, South Carolina and Maryland are suing the federal Small Business Administration (SBA) in a Pennsylvania federal court over their discriminatory policy classifying sex-oriented businesses as “prurient” and preventing them from receiving COVID relief.
Opinion: Why Larry Flynt Was Crucial in the Fight for Free Expression
Almost all the Larry Flynt obituaries this past week emphasized his dual role as a successful businessman who built a massive, multi-sector adult industry empire from scratch, and also as First Amendment warrior and a ceaseless fighter in the seemingly endless struggle for the right to have open, free sexual expression in America.
Adult Industry Attorney J.D. Obenberger Passes Away
First Amendment attorney J.D. Obenberger, a noted specialist in adult industry issues and a self-described “advocate of liberty in general,” passed away Saturday at age 66, according to family sources.
Trump Executive Order Targets Section 230, the 'First Amendment of the Internet'
A draft of the executive order announced yesterday by Donald Trump via Twitter in response to the platform’s attempt to fact-check his tweets proposes a radical modification of Section 230, the so-called “First Amendment of the Internet.”
Michigan Strip Club Sues Over SBA Loan's 'Sex Business Exclusion'
DV Diamond Club of Flint, the company doing business as gentlemen's club Little Darlings in Flint, Michigan, sued the Small Business Administration (SBA) and federal officials on Wednesday over the discriminatory language against sexually-oriented businesses in the disaster loan application for COVID-19 relief.
Young People Diss First Amendment; Porn Arrests Continue
Since 1997, the First Amendment Center has supported an annual survey of American attitudes about the First Amendment.
Larry Flynt to Discuss 'Fighting for the First Amendment' at Syracuse University
Hustler magazine publisher Larry Flynt has agreed to speak about the First Amendment on March 5 at Syracuse University in Syracuse, N.Y.
Playboy Seeking Nominees for First Amendment Awards
The Playboy Foundation is once again looking for nominees for the Hugh M. Hefner First Amendment Awards.
Woman Protestor Argues First Amendment Rights
Elizabeth Book, the activist who was arrested for exposing her breasts during a protest at Bike Week in Daytona Beach last March, will go to trial on Thursday, Nov. 5, and argue that police officers violated her First Amendment rights by arresting her.
First Amendment Attorney Gives City $92,000 Option
In its battle with Imperial Showgirls, Pico Rivera has spent nearly $400,000 in legal costs fighting the strip club, which sued in January 2002 after officials tried to shut it down. Now the city has been given a chance to save $92,000 in legal fees.
Court Doesn’t Buy Pedophile’s First Amendment Claim
In a novel case which tests rights of pedophile stalkers on the Internet, a federal appeals court ruled Monday that a defendant who solicits a minor to engage in sexual activity can be convicted even though his accuser is not an actual minor.