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31 May 2022, 2:44 pm by Eugene Volokh
Irish-American Gay, Lesbian and Bisexual Group of Boston, Inc. (1995) (parade organizer); Miami Herald Publishing Co. v. [read post]
23 May 2022, 6:42 am by Eric Goldman
” “Texas maintained below that these [transparency] intrusions are less objectionable than the government’s direct exercise of editorial control, as if forcing the Miami Herald to disclose why it rejected Pat Tornillo’s submissions would have been a defensible compromise. [read post]
12 May 2022, 9:01 pm by Vikram David Amar
”And in any event, the suggestion that the First Amendment problem dissolves because regulated individuals remain free to speak themselves is in deep tension with the reasoning of other precedents of the Court.For example, in 1974 in Miami Herald Publishing Co. v. [read post]
30 Dec 2021, 9:12 am by Eric Goldman
And there is no comparison to legislative designation of telephone companies as common carriers, for telephone companies do not exercise editorial discretion over the communications they carry, and no legislature ever complained that telephone companies were forwarding a leftist agenda by blocking conservative calls. [read post]
15 Dec 2021, 11:50 am by Aaron Rubin and Heather Whitney
Our focus in this post is on what came next: Texas House Bill 20 (HB 20), which was enacted in September and which Texas Governor Abbott described as targeting “a dangerous movement by social media companies to silence conservative viewpoints and ideas. [read post]
2 Dec 2021, 11:32 am by Eric Goldman
” The court continues: The Supreme Court’s holdings in Tornillo, Hurley, and PG&E, stand for the general proposition that private companies that use editorial judgment to choose whether to publish content—and, if they do publish content, use editorial judgment to choose what they want to publish—cannot be compelled by the government to publish other content. [read post]
9 Jul 2021, 10:41 am by Eugene Volokh
(Miami Herald also held that a right of access is unconstitutional if it's triggered by the content of what the property owner says, for instance if it's triggered by a newspaper's publishing criticism of candidates. [read post]