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First Amendment Legal Guides

5 guides covering First Amendment topics, each with CaseDiver search beside the article.

• Campaign Finance, Party Coordinated Spending, and the First Amendment After Citizens United

  Recent party-coordinated-spending disputes, including National Republican Senatorial Committee v. FEC (2026), build on Citizens United and McCutcheon. This guide frames the doctrinal foundations and research paths.

• Counterman v. Colorado: The Recklessness Standard for True Threats

  Counterman v. Colorado requires a subjective recklessness mens rea for true-threats prosecutions. This guide explains the holding, how it interacts with other speech doctrines, and practical research takeaways.

• Lindke v. Freed: When Public Officials’ Social Media Accounts Are State Action

  Lindke v. Freed sets a two-part test for when a public official’s social media activity is state action. This guide explains the test, related speech precedents, and how it fits with Moody and Murthy.

• Moody v. NetChoice: State Social Media Content Moderation Laws and the First Amendment

  Moody v. NetChoice vacated lower-court judgments on Texas and Florida platform laws and clarified how courts must analyze content-moderation mandates. This guide explains the holding, related speech precedents, and research takeaways.

• Murthy v. Missouri: Government Jawboning, Social Media, and Article III Standing

  Murthy v. Missouri rejected plaintiffs’ standing to challenge federal officials’ communications with social media platforms about content moderation. Learn how jawboning claims interact with First Amendment doctrine and related 2024 cases.