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The First Amendment Profile picture
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20 Nov, 4 tweets, 1 min read
I protect your (and Biden’s) right to call Rittenhouse a white supremacist
No, it’s not defamation

But hey at least they made BLT

Can you imagine Twitter if this happened

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More from @USConst_Amend_I

The First Amendment Profile picture
22 Nov
I do much more than protect from prosecution. I also limit civil liability for protected speech.
Exhibit A

mtsu.edu/first-amendmen…
Exhibit B

mtsu.edu/first-amendmen…
Read 5 tweets
The First Amendment Profile picture
3 Oct
I protect a lot of knowingly false disinformation. So let’s break down @VickerySec’s knowingly false (and protected) disinformation about me, shall we?

A few points: Image
1. It is true that defamation, fraud, and perjury are all exceptions, for which one element is (more or less) that the speech is knowingly false.

2. But those exceptions all have *additional* elements that must be met for the speech to be unprotected.
3. You therefore can’t extrapolate from these exception that all knowingly false speech is unprotected. For example, if Congress banned oranges, it would be incorrect to say that all fruit is illegal.
Read 7 tweets
The First Amendment Profile picture
21 Sep
I know I say “I don’t protect you from Twitter” a lot, and that a lot of people (idiots, mostly) are bothered by that, but it is said in defense of First Amendment rights.

A few points:
1. I provide accurate statements of the law so people can learn about 1A rights.

2. I do this even when I don’t agree with the way in which someone is using their 1A rights. For example, I inform people that hate speech is protected, even though I don’t agree with the content.
3. This goes for Twitter’s decisions to moderate content, too. It is protected, and I will continue to point that out even if I don’t agree with any particular decision by Twitter.
Read 8 tweets
The First Amendment Profile picture
10 Sep
I’m seeing a lot of these takes so here is a short, oversimplified explanation.

1/5
Two points.

1. I do not protect actual rioting.

2. Today’s decision about Florida’s anti-riot law does not say you have the right to riot.

2/5
The court said that the Florida law defined “riot” in an overly broad way that criminalized protected speech (i.e., speech that is not rioting). The government can’t punish protected speech simply by calling it “rioting.”

3/5
Read 5 tweets
The First Amendment Profile picture
12 Aug
Am I a law professor now?
For your viewing pleasure:

For background on Schenck and the fire in a crowded theater phrase:

Read 5 tweets
The First Amendment Profile picture
12 Aug
Yes, this California bill would violate me.
Preventing harassment, true threats, etc. can be fine, but not when you define it like this
There Will Be Litigation

Read 4 tweets

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