First Amendment Archives

MACDONALD: The Eleven-Minute Rule

August 5, 2026 Steve MacDonald

I smell a lawsuit coming. Something along the lines of a First Amendment violation. Abridging the freedom of the press. The People’s Republic of Burlington, Vermont, has instituted a 10-minute rule in city hall. The City Hall Code of Conduct and Trespass Policy. It is quite unprogressive. For example, a city that favors progressive vagrancy … Read more

ORTOLANO: Urging a Court to Silence Advocacy in a First Amendment Case

January 16, 2026 Laurie Ortolano

In a recent pretrial filing, defense counsel asked the Court to “caution all parties” against extrajudicial statements, citing one of my writings as an example (Viewpoint Discrimination in Plain Sight, Dec. 29, 2025). That writing was not a social media post. It was a long-form blog essay published on my civic-advocacy website and in this … Read more

BANFIELD: Are Some Portsmouth Students More Equal Than Others?

October 24, 2025 Ann Marie Banfield

The Portsmouth School District seems to hold some students in higher esteem than others. The latest controversy centers on Anthony Ferola, a 17-year-old senior at Portsmouth High School, who has been told to refrain from praying publicly during basketball games. According to Seacoast Online, Ferola prayed before games for his teammates’ health and to express … Read more

GIRARD: Invective against Levasseur Sidesteps Important Questions

October 2, 2025 Rich Girard

As the Board of Mayor and Aldermen moves to replace at-Large Alderman Joe Kelly Levasseur as its chair, it has both avoided the very questionable conduct of a city department head and embarked on a course of action that would place unconstitutional restrictions on the First Amendment rights of elected officials. Levasseur is “in trouble,” … Read more

American Flag original image by by Dave Sherrill on Unsplash

MACDONALD: Trump Goes Prog Fishing With Flag Bait

August 26, 2025 Steve MacDonald

Flag burning is a protected expression. Rainbow, Mexican, Ukrainian, and even the American flag, which is what Democrats are about to do a lot more of, to their political detriment, thanks to President Donald Trump. While it is constitutionally protected, it’s not exactly a message that resonates well with most Americans. That’s what makes this … Read more

MacDonald: Unlikely Ally on Abortion

July 21, 2025 Steve MacDonald

Robert F Kennedy Jr. is a lifelong Democrat who carried all of their baggage, at least until recently. He parted ways on vaccine mandates and a range of public health concerns that got him the sort of harassment reserved for folks like Donald Trump. Trump embraced his commitment to public health and put him where … Read more

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MacDonald: All the Speech You’re Free to Hate

June 9, 2025 Steve MacDonald

The idea that saying things about Jews or Israel that are contrary to the approved narrative is hate speech is dangerous. Antisemitism is a thing, but as I warned previously, it continues to be wielded with destructive effect. Anti-Semitism can’t be dismissed, nor can it be allowed to infringe, but laws to address it look … Read more

The Government Need Not Subsidize Constitutional Rights To Avoid Infringing Them

May 8, 2025 Steve MacDonald

While the center-right spins up a recent District Court ruling that looks like another nail in the coffin of nationwide injunctions (restraining judicial tyranny is never a bad thing), another Judge Timothy Kelly just punched the DEI cabal in the throat. Background. Private Contractors sued the Federal Government on First Amendment grounds (among other things) … Read more

A Fresh Warning to Public Officials Who Block People on Social Media

January 27, 2025 Steve MacDonald

The courts have said don’t do it. Do not block “constituents” on social media – if you use that platform for politics. The lesson is to separate the two, but not everyone is able. In some cases, especially for the Marxist-Leaning lot, they could no sooner separate politics from discourse than bones from their flesh. … Read more

Merits Hearing on the Nashua Flag Case & the Abuse of Mootness

November 13, 2024 Laurie Ortolano

The Federal Flag Hearing On Tuesday Morning, November 5, 2024, the Concord Federal Court held a merits hearing on the Scaer v City of Nashua First Amendment Flag case. The coincidence of our National Voting Day and this case could not be more fitting. I had the pleasure of attending. The City filed yet another … Read more

Please Stop Feeding the RINOs

October 2, 2024 Doris Hohensee

There is no upside to electing Kelly Ayotte over Joyce Craig. Ayotte will maneuver with stealth in favor of anti-freedom policies and will be difficult for many Republicans to go against. Those same policies initiated by Craig would be resoundingly opposed by Republicans. Donald Trump has been continually battling establishment Republicans. There are many, including Gov. Sununu, … Read more

Free Speech and the Department of Political Justice

September 15, 2024 Andrew P. Napolitano

In 1966, two famous Russian literary dissidents, Yuli Daniel and Andrei Sinyavsky, were tried and convicted on charges of disseminating propaganda against the Soviet state. The two were authors and humorists who published satire abroad that mocked Soviet leaders for failure to comply with the Soviet Constitution of 1936, which guaranteed the freedom of speech. … Read more

On VT Bashing Christians and Ignoring Its State Constitution

July 16, 2024 Skip

Vermont joins Oregon in hating Christians, going after not those wishing to adopt but those who want to give children a foster home while their parents get their acts together (a majority of the cases; I’ll put aside other types of reasons like parental deaths for now).

Slippery Slope of Transgenderism Hot Air FI

Silly Me Thinking that Government Was Supposed To Stay Out Of Our “Religious Healthcare”…

July 15, 2024July 14, 2024 Skip

The Left is always yammering about “Reproductive Healthcare,” which ALWAYS requires Government intervention, even as the baby killers keep saying that only women and doctors should be involved in such a decision to kill a baby.

On Vermont Bashing Christians and Ignoring Its State Constitution

July 15, 2024July 14, 2024 Skip

New Hampshire Library Forced To Admit it Violated Employees First Amendment Rights

November 19, 2024June 11, 2024 Steve MacDonald

Arlene Quaratiello is an NH House Rep. and local Librarian who ran afoul of the wokeasaurus in Raymond when she dared to exercise her First Amendment right to free speech by supporting a candidate for which her Public Library “betters” did not approve.

RFK, Jr. On The Threat The Biden-Regime Poses To Democracy

April 3, 2024 Ed Mosca

Far from a perfect answer. Not even a very good answer … as RFK, Jr. accepted CNN’s nonsense that questioning an obviously rigged election is somehow the equivalent of trying to overthrow the government. BUT … he hit the nail on the head about the threat the Biden-Regime poses to democracy. You canNOT have a … Read more

Irony Alert: Congress Wants to Ban a Platform Doing More to Protect Free Speech Than They Do

March 21, 2024 Steve MacDonald

The Congressional TikTok Ban is a bad idea, and Republicans promoting and advancing it make it worse. We can wonder why they are helping Biden’s agenda but a greater issue is wanting any president to have the ability to censor any social media platforms at an executive whim.

With 9-0 Decision SCOTUS Tells Public Officials How Blocking People on Social Media Could Get them Sued

March 17, 2024 Steve MacDonald

I like to harp on local House Reps, typically Democrats, who block people on social media that disagree with their public political statements, positions, or advocacy. Now, I can say they should have seen this coming, especially those who praised the courts for smacking then-President Trump around for doing the same thing.

“Storming the Court” – And the First Amendment

March 4, 2024 Michael Moffett

“Eleven conferences — the Atlantic 10, Big East, Big South, Big Ten, Big 12, Conference USA, Mid-Eastern Athletic, Pac-12, WAC, Southeastern and West Coast — recently told ESPN that a home school with a post-game celebratory court storm could be subject to a fine under certain circumstances. Some have precise penalties, while others have general … Read more