Elizabeth Pipkin Co-authors Article Comparing Limits on Protected and Unprotected Speech

In an article for the Daily Journal, partner Elizabeth Pipkin and summer associates Annan Chen, Miriam Pieters, and James O’Donnell take a close look at recent U.S. Supreme Court decisions that have impacted the scope of First Amendment protections on the internet.

The authors examine each of the Court’s decisions in 303 Creative LLC v. Elenis, Counterman v. Colorado, and U.S. v. Hansen, as well as several federal court first impression cases, to compile a summary of First Amendment protections in the 21st century and to show the dividing lines between protected and unprotected speech. Elizabeth states that the Supreme Court’s decisions have provided clarity for “determining whether speech is in fact constitutionally protected.” 

The article concludes: “As legislators and users continue to grapple with the impact of internet speech on virtually every aspect of human experience, courts will continue to find themselves challenged to draw clear and reasonable lines.”

To read the full article, visit the Daily Journal. (subscription required)