The Free Flow — July 31, 2025

U.S. federal court sides with X over DOJ gag orders, TikToker arrested for false claims about Nigerian president's death, Russia imposes internet blackouts in Siberia, and more.

Join Us? The 2025 Global Free Speech Summit returns on October 3–4 in Nashville, TN. Hosted by The Future of Free Speech and Vanderbilt University, this invite-only event will bring together global leaders, thinkers, and change-makers to confront the most urgent threats to freedom of expression and explore bold, resilient solutions. Attendees will have the opportunity to attend networking receptions where they can exchange ideas with speakers and other guests.

Seats are limited, but we invite you to request an invitation here.

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This Week At A Glance 🔎

—🇺🇲 Federal Court Sides with X Over DOJ Gag Orders

—🇳🇬 TikToker Arrested for False Claims about Nigerian President’s Death

—🇷🇺 Russia Imposes Internet Blackouts in Siberia

—🇪🇺 Meta Will Halt Political Ads in the EU Following New Regulations

—🇨🇳 Tibetan Singer Detained for Dalai Lama Tribute

First of All 🇺🇲

» F.C.C. Approves Paramount Merger After Skydance Promises to Eliminate Diversity Initiatives and “Restore Fact-Based Reporting”

• After media company Skydance promised to eliminate diversity initiatives from Paramount and commit to “unbiased journalism,” the Federal Communications Commission has approved the $8 billion merger between the studios.

• Details:

  • FCC Chair Brendan Carr praised the deal for “addressing bias and restoring fact-based reporting” on CBS and lauded Skydance’s pledge to avoid DEI programming and install a fairness officer in its news division.

  • The deal followed a $16 million settlement between President Trump and Paramount over its editing of an interview with then-presidential candidate Kamala Harris, as previously covered on The Free Flow.

• The Foundation of Individual Rights and Expression (FIRE) said hinging government approval on ideological commitments is an “unconstitutional shakedown.”

» House Judiciary Committee Investigates Whether EU and Biden Administration Pressured Spotify to Censor Podcasters

• The House Judiciary Committee has launched a probe into whether the European Union and the Biden administration pressured Spotify to suppress controversial U.S.-based podcasters like Joe Rogan and Steve Bannon.

• Details:

  • Rep. Jim Jordan (R-Ohio) sent a letter to Spotify CEO Daniel Ek demanding documentation of any contact with foreign governments or U.S. officials regarding content moderation.

  • The letter criticizes foreign speech regulations, like the EU’s Digital Services Act, as potential tools to restrict Americans' access to lawful speech.

  • The committee cited an incident in which EU official Thierry Breton urged X to mitigate “harmful content” related to a Trump interview, despite the company being U.S.-based.

The Digital Age 🤖

» Federal Court Sides With X in Fight Over DOJ Gag Orders

• The D.C. Circuit Court of Appeals ruled that the Justice Department overstepped its authority by issuing a year-long nondisclosure order on potential subpoenas of X.

• Details:

  • The DOJ barred X from disclosing any government requests for user records in connection with an investigation involving former FBI agents.

  • While a district court initially upheld the gag order, the appeals court ruled the DOJ failed to meet the “reason to believe” standard required to impose preemptive speech restrictions.

• • Judge Bradley Garcia emphasized that courts, not prosecutors, must determine when disclosure poses a risk of harm.

» California Advances Bill that Would Fine Social Media Platforms for User Content

• California lawmakers are advancing Senate Bill 771, a measure that would fine social media companies with over $100 million in annual revenue up to $1 million if their algorithms “relay” hate speech or content deemed to violate state civil rights laws.

• Details:

  • The bill would penalize companies that distribute content interpreted as hateful, knowingly or recklessly, through algorithmic recommendations.

  • The bill passed the state Senate and is now under consideration in the Assembly.

  • However, if passed, it is expected to be challenged in court as it contradicts federal law — Section 230 of the Communications Decency Act, which shields platforms from liability for user-generated content.

• “This bill is not about safety. Instead, it represents another effort by a state government to circumvent platforms' constitutional protections in order to implement state-controlled content moderation,” said Senior Legal Fellow Ashkhen Kazaryan.

» NY Court Blocks Suit Against Social Media Firms in Buffalo Shooting Case

• A New York appeals court has ruled that social media companies cannot be held liable for a 2022 mass shooting in Buffalo that authorities allege was racially motivated.

• Details

  • Survivors and victims’ families sued major platforms, including Meta, Alphabet, Discord, and Reddit, claiming their algorithmic design contributed to the radicalization of the shooter, who killed 10 people at a Buffalo grocery store, almost all of whom were Black.

  • The plaintiffs argued platforms are not entitled to First Amendment or Section 230 protection because they were not suing them as publishers, but product designers whose defective, exploitative algorithms led to the event.

• Court’s Ruling:

  • In a 3–2 opinion, the court affirmed platforms’ immunity from liability of third-party user content under Section 230, saying that the use of algorithms does not deprive social media companies of their publisher status.

  • The court reasoned that ruling in favor of the plaintiffs “would gut the immunity provisions” of Section 230 and “result in the end of the Internet as we know it” since social media companies “would be subject to liability for every untruthful statement made on their platforms.”

» TikToker Arrested After Making False Claims about Nigerian President’s Death

• A Nigerian court has detained 29-year-old TikToker Ghali Isma’il to Keffi Correctional Centre after he was arrested for a video falsely claiming President Bola Tinubu had died from poisoning.

• Details:

  • Isma’il was charged with spreading false information and inciting disaffection, with prosecutors alleging he intentionally generated contempt for the President.

  • A Chief Magistrate in Abuja denied Isma’il’s bail and remanded the case until August 19.

» Russia Imposes Mobile Internet Blackouts in Siberia Over ‘Security Threats’

• Authorities in Russia’s Krasnoyarsk region have cut mobile internet access due to unspecified “security threats.”

• Details:

  • Telecom providers MTS and Beeline said that the outages began on July 26, and similar shutdowns were announced in Sverdlovsk.

  • Mikhail Kotyukov, the Governor of Krasnoyarsk Krai, also confirmed that authorities were restricting this access and urged residents to be understanding, but didn’t clarify what “threats” they were combating.

» China Increases Online Censorship about Drivers Hitting Children Near Schools

• Chinese authorities are increasingly censoring information about drivers crashing into pedestrians, particularly children near schools, following a November attack in Zhuhai that killed 35 people.

• Background:

  • In recent months, the state has reportedly taken down images and news coverage of multiple car attacks in cities like Beijing, Jinhua, and Tengzhou on social media.

  • The incidents have received notably little coverage in media outlets, and neighborhood volunteers were allegedly deployed to discourage residents from speaking with independent journalists.

» Denmark Introduces AI Deepfake Legislation

• Denmark has introduced a new bill allowing citizens to demand that platforms remove content that uses their image or likeness without consent under copyright law.

• Experts Say:

  • “Satire and critical speech are protected under this Danish legislation, for example, for politicians and public figures, perhaps. But where is that line drawn when it comes to private individuals?” AI expert Henry Adjer asked in an interview with GBH.

» Iran Withdraws Proposed Internet Censorship Bill

• Iran has abruptly withdrawn proposed legislation following Iran’s 12-day war with Israel that sought to impose penalties for online content deemed false or harmful.

• Details:

  • The bill, titled Combating the Dissemination of False Content in Cyberspace, was submitted to parliament on July 20 and included penalties ranging from prison terms to social media bans for accused users.

  • The use of vague language, which included content that is “distorted, misleading, and harmful to public perception,” drew criticism from human rights advocates.

The Brussels Effect: Europe and Beyond 🇪🇺

» Meta Will Halt Political Ads in the EU in Response to New Regulations

• In response to the EU’s new Transparency and Targeting of Political Advertising regulation, Meta announced it will stop allowing political, electoral, and social issue advertising on Facebook and Instagram in the EU starting in early October 2025.

• Context:

  • The TTPA, introduced in March 2024, attempts to address disinformation and foreign interference in EU elections by requiring platforms to label political ads with details about funding, targeting, and election context or face fines of up to 6% of their global revenue.

  • Meta is already under investigation by the European Commission for its handling of disinformation under the Digital Services Act ahead of the 2024 European Parliament elections.

  • Meta said the regulation poses “significant operational challenges and legal uncertainties,” and hinders voter access to information.

  • Alphabet’s Google previously announced a similar halt on political ads in the EU.

  • It should be noted that studies from Princeton and the Alan Turing Institute found no evidence of a significant deepfake interference in the 2024 EU elections.

Press Freedom Watch 🗞️

• Appeals Court Won’t Reinstate AP Access To Trump Events: After the Associated Press was barred from Oval Office and Air Force One coverage, allegedly in retaliation for refusing to adopt the term “Gulf of America, the U.S. Court of Appeals denied the Associated Press's bid to regain full access to presidential events while its lawsuit proceeds. A full ruling on the case’s merits is expected this fall.

• Nigerian Editors to Launch EU-Backed Fact-Checking Desks: Editors from the Nigerian Guild of Editors have agreed to establish fact-checking desks across the country to combat the spread of fake news and restore credibility in the media.

• Felony Charges Dropped Against Journalists at Kentucky Protest: Felony rioting charges were permanently dismissed against CityBeat reporter Madeline Fening and intern Lucas Griffith, who were arrested while covering a protest on the Roebling Bridge, although the pair is still facing misdemeanor charges.

• Media Coalition Sues To Block Tennessee Police Buffer Zone Law: Seven news outlets are challenging a new Tennessee law that makes it a crime to approach within 25 feet of police after being told to back away. The suit argues the law gives officers unchecked power to silence journalists and violates the First and Fourteenth Amendments by criminalizing routine newsgathering. Read more about the First Amendment issues of this law from Ashkhen Kazaryan.

Protest Watch ✊

• Dozens Arrested at Anti-War Protests in Haifa and Tel Aviv: Israeli police arrested at least 26 protesters in Haifa and three in Tel Aviv during mass demonstrations against the Gaza war. In Haifa, arrests came within minutes of a rally organized by Arab Israelis, while in Tel Aviv, mounted police moved to disperse a large anti-war march.

• Saudi Human Rights Defender Conditionally Released: On July 13, Saudi human rights defender Abdulaziz al-Shubaily was released from prison after serving an eight-year prison sentence for “communicating with foreign organizations,” “insulting the integrity of the judicial system and judges,” and “inciting public opinion against the rulers of this country.” Al-Shubaily was a founding member of the Saudi Civil and Political Rights Association, which the courts disbanded. He remains subject to an 8-year travel ban and is barred from using social media.

• Fourth Circuit Backs Sound Ban Near Clinics and Schools: A federal appeals court upheld Asheville, North Carolina’s ordinance banning amplified sound within 150 feet of schools and medical clinics, rejecting a pro-life protester’s challenge on First Amendment grounds. The majority found the rule content-neutral and narrowly tailored, though a dissent warned it could chill protected speech by sweeping in innocuous devices.

Quick Hits 💨

• House Report Warns EU DSA Threatens U.S. Free Speech: A new interim report from the House Judiciary Committee claims the EU’s Digital Services Act is pressuring platforms to censor constitutionally protected American speech, especially conservative speech and political slogans, to avoid global penalties. Citing LA Times commentary by Jacob Mchangama, the report alleges that the DSA effectively turns Big Tech into “privatized censors” under vague and subjective standards imposed by foreign governments.

• Tunisia Mass Convicts Opposition Figures in “Conspiracy 2” Case: A Tunisian court sentenced 21 opposition figures, many from the Ennahda party, to up to 35 years in prison in a trial widely condemned for violating due process and the use of vague counter-terrorism laws to criticize dissent and silence the critics of President Kais Saied. The defendants were charged with “conspiracy against state security” and forced to participate in the trial via remote video link, which restricted their access to the court and their legal counsel.

• Second Circuit Shields NY Official Despite Likely First Amendment Violation: Following the Supreme Court's unanimous ruling that the National Rifle Association had a First Amendment claim against former New York regulator Maria Vullo — who coerced banks and insurers to sever ties with the organization — the case was remanded to a second circuit court. The lower court ruled that Vullo cannot be sued due to qualified immunity because the Supreme Court’s ruling, which says "Government officials cannot attempt to coerce private parties to punish or suppress views that the government disfavors," was not established at the time of the challenged conduct.

• Hungary Bans Irish Rap Group Over Alleged Hate Speech: The Hungarian government barred Irish rap group Kneecap from performing at the Sziget Festival and entering the country for three years, citing "antisemitic hate speech" and alleged praise for Hamas. The lead singer, Liam Óg Ó hAnnaidh of the group, was previously released on bail after being charged under the UK’s terrorism laws, as reported in a previous Free Flow.

• German Court Acquits Satirist ‘El Hotzo’ Over Trump Assassination Joke: A Berlin court acquitted comedian Sebastian Hotz after he was charged for posting “Sorry, Just Missed” shortly after President Trump’s attempted assassination. The judge ruled the posts were protected satire under German free speech law.

• Indian Supreme Court Dismisses Defamation Case: The Supreme Court quashed criminal proceedings against an activist who called the Congress President “ayogya” (unfit), ruling the comment was protected political expression and not criminal defamation.

• UN Experts Urge Pakistan to Repeal Blasphemy Laws: A group of UN human rights experts called on Pakistan to end its blasphemy laws and protect religious minorities from escalating violence and discrimination. The statement highlights increasing attacks on Ahmadiyya Muslims and other vulnerable communities, including arbitrary arrests, gender-based violence, and desecration of worship sites.

• NJ Antisemitism Bill Sparks Free Speech Concerns: A New Jersey Assembly panel advanced a bill adopting the IHRA definition of antisemitism after a heated seven-hour hearing. Supporters say it addresses rising hate crimes; critics warn it risks criminalizing criticism of Israel and violating the First Amendment. The bill was amended to clarify it does not restrict political speech, but civil liberties groups, like the ACLU of New Jersey, disagree.

• Tibetan Singer Detained For Dalai Lama Tribute: Chinese authorities have detained Tibetan singer Asang after he performed a song honoring the Dalai Lama, according to the Central Tibetan Administration. The exile government condemned the arrest as part of China's ongoing suppression of Tibetan cultural expression and called the detention, without charges or known whereabouts, a violation of international human rights norms.

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  Ava Sjursen is a communications intern at The Future of Free Speech and a student at Boston College studying communications and political science.

  Ashley Haek is a communications coordinator and research assistant at The Future of Free Speech.