The Free Flow — June 12, 2025
Brazil's Supreme Court makes social media platforms liable for user content, the Philippines proposes a tax and surveillance regime for influencers, AP White House Ban upheld, and more.
This Week At A Glance 🔎
— 🇧🇷 Brazil’s Supreme Court Rules Social Media Platforms Liable for User Content.
— 🇺🇸 Trump bars the AP, threatens flag burners, and warns of “heavy force” at protests.
— 🇵🇭 The Philippines proposes a sweeping tax and surveillance regime for online influencers.
— 🇪🇺 Meta’s Oversight Board says free speech must be the centerpiece of the EU’s Digital Services Act.
— 🇮🇷 Iran sentences a pop star to death for blasphemy.
First of All 🇺🇲
» Judge Orders Release of Columbia Protester Mahmoud Khalil
A federal judge has ruled that the U.S. government must release Mahmoud Khalil, a legal permanent resident and former Columbia graduate student detained since March for his role in pro-Palestinian campus protests.
Details:
The judge ruled, “The Court finds as a matter of fact that the Petitioner’s career and reputation are being damaged and his speech is being chilled — and this adds up to irreparable harm.”
U.S. District Judge Michael Farbiarz said the deportation case likely violates constitutional protections, but stayed the release order until Friday to allow the government to appeal.
» Appeals Court Temporarily Allows Trump to Bar AP from White House Events
On June 6, the D.C. Circuit Court of Appeals ruled 2-1 to pause a lower court order requiring the White House to restore the Associated Press’ access to events like Oval Office briefings and travel on Air Force One.
Details:
The AP sued after its access was revoked for continuing to refer to the Gulf of Mexico by its historical name, rather than the “Gulf of America,” as renamed by Trump.
Judge Rao wrote for the court halting the lower court decision that reopened WH access to AP, writing the lower court’s injunction “impinges on the President’s independence and control over his private workplaces.”
» ABC Suspends Reporter After White House Demands Accountability for Social Media Post
ABC News has suspended senior national correspondent Terry Moran after he posted a critical statement on X describing President Trump and deputy chief of staff Stephen Miller as “world-class haters.”
Context:
The Trump administration swiftly condemned the post, with press secretary Karoline Leavitt calling on the news organization to “hold Terry accountable.”
ABC issued a statement saying the post violated its standards and emphasized its commitment to “objectivity and impartiality.”
This suspension occurred during the administration’s ongoing FCC investigation into the network’s editing of a 60 Minutes interview with Kamala Harris.
» ICE Director ‘Demands’ Stop to Criticism of Immigration Enforcement Efforts
Acting U.S. Immigration and Customs Enforcement Director Patrick Lechleitner demanded that critical rhetoric, which he claims is inciting threats against federal immigration officers and their families, end.
Details: “I’m not asking them to stop — I’m demanding that they stop,” he said in a June 6 post to X.
» Veterans Affairs Orders Scientists to Seek Approval Before Publishing in Journals
Political appointees at the Department of Veterans Affairs have ordered that VA scientists and physicians receive clearance before publishing in medical journals or speaking to the press.
Details:
The directive came hours after The New England Journal of Medicine published an article by two VA pulmonologists warning about the health consequences of staffing cuts and cancelled contracts.
Internal emails from top VA officials reprimanded the doctors and called for stricter enforcement of prior review.
The actions come amidst a broader chilling of scientific speech by the Trump administration.
» Trump Threatens 'Heavy Force' Against Protesters Ahead of Military Parade
Ahead of a large-scale military parade in Washington, D.C., President Trump warned that “any” protestors would be “met with heavy force.”
Context:
At least nine peaceful protests are planned in D.C., with additional demonstrations expected nationwide.
Trump said he will deploy National Guard units at the June 14 event celebrating the U.S. Army’s 250th anniversary.
» Trump Seeks to Jail Flag Burners
Former President Donald Trump stated he is trying to enact a one-year jail sentence for people who burn the American flag.
Context:
In a post on X, he said, “People that burn the American flag should go to jail for one year. We’re going to try and get that done.”
Flag burning has been protected under the First Amendment. In Texas v. Johnson, the Supreme Court ruled that the government cannot criminalize such symbolic political speech.
» U.S. Senator Forcibly Removed from DHS Press Conference
Today, at a Los Angeles press conference held by Department of Homeland Security Secretary Kristi Noem, U.S. Sen. Alex Padilla (D-CA) was forcibly removed and arrested after he interrupted the conference.
Statement: Sen. Padilla's office issued the following statement:
"He was in the federal building to receive a briefing with General Guillot and was listening to Secretary Noem’s press conference. He tried to ask the Secretary a question, and was forcibly removed by federal agents, forced to the ground, and handcuffed. He is not currently detained, and we are working to get additional information.”
Secretary Noem’s press conference concerned the ongoing protests of the administration’s immigration policies in L.A.
More to come…
The Digital Age 🤖
» YouTube Quietly Softens Content Moderation Rules
YouTube has updated its internal moderation policies to favor “freedom of expression” over potential harm, even when content technically violates its existing rules.
The platform has not publicly disclosed this change, which was implemented in training materials issued in December.
Details:
Moderators are now instructed to leave up videos where up to 50% of the content violates platform rules, provided the material is considered in the “public interest.”
YouTube considers political events, campaign content, ideological debates, and videos on topics like race, gender, censorship, and elections to be matters of public interest.
This shift to erring against content removal comes as companies like Meta and X ease their reins on online speech under partisan pressure.
» Disney and Universal Sue Midjourney Over AI-Created Copies of Characters
In a landmark move, Disney and Universal have sued AI image-generation platform Midjourney, accusing it of copyright infringement for enabling users to create near-replica images of protected characters like Yoda, Darth Vader, Iron Man, and Minions.
Details:
This case is likely to become a major test of how copyright law interacts with AI-generated content and user expression.
The lawsuit, filed in Los Angeles federal court, includes dozens of examples of AI-generated images placed side-by-side with copyrighted originals to show striking similarities.
» X Pressures Advertisers with Prosecution to Revive Ad Revenue
Elon Musk’s X has threatened to sue major brands unless they return to the platform to regain lost advertising revenue, alleging they engaged in an illegal boycott of X.
Details:
Companies like Verizon, Ralph Lauren, Amazon, and Unilever faced direct or indirect pressure to resume ad spending, with some being added to ongoing lawsuits or subpoenaed in related cases.
At the core of the legal strategy is a claim that advertisers coordinated through industry groups, like the Global Alliance for Responsible Media, which disbanded after being sued by X, to boycott the platform.
Musk’s threatened legal action comes amid an FTC investigation into Media Matters over its role in the X advertising boycott.
» Google Fights $260M Judgment in Mexico Over User Blog
Google is challenging a Mexican court ruling that holds the platform liable for a blog post published by a user on Blogger, which attorney Ulrich Richter claims defamed him.
Details:
Mexico’s Eighth Civil Court upheld an award of over 5 billion pesos ($260 million USD) in moral damages, such as mental distress or loss of reputation, against Google.
Google claims it acted as a neutral intermediary and did not create or alter the 2014 blog post, and that the ruling sets a dangerous precedent for intermediary liability.
» Brazil’s Supreme Court Rules Social Media Platforms Liable for User Content
Brazil’s Supreme Court reached a majority ruling that will hold social media companies legally accountable for user-generated content, a major shift from the current legal framework that only mandates removal after a court order.
Details:
The decision applies to companies like Meta, X, and Microsoft, enabling lawsuits and fines for illegal posts ranging from disinformation to child abuse material and incitement.
Only one justice, André Mendonça, dissented, warning the ruling could erode online speech by encouraging over-removal of critical or dissenting content.
» Senate Removes State AI Moratorium From Budget Package
The Senate removed a provision from its budget blueprint that would place a 10-year ban on state-level AI regulation, and instead renders federal infrastructure funding contingent on a state’s AI regulations.
Under the revised blueprint, federal funds for states’ broadband infrastructure may be withheld should the states regulate AI.
Context: The move comes as states across the political spectrum pursue AI legislation, as reported in past Free Flows (such as in New York and Georgia), and amidst a bipartisan letter from over 40 state attorneys condemning the original decade-long ban.
» Tech Trade Group Challenges Georgia Social Media Law
Georgia’s House Bill 351, which mandates age verification and parental consent for minors under 16 to use social media platforms, is facing a federal constitutional challenge weeks before its July 1 implementation.
Details:
The legislation imposes civil penalties of up to $10,000 for allowing access to harmful content without age verification and $2,500 per violation for noncompliance.
The law also requires public and private schools to develop policies on digital citizenship and submit them to the state, while placing restrictions on targeted advertising to minors.
NetChoice, representing major tech firms like Meta, Google, and Amazon, filed a lawsuit arguing the law violates First Amendment rights, including minors’ rights to access protected speech.
» FTC Summit Signals Shift in Tech Oversight
A recent FTC summit, titled “The Attention Economy: How Big Tech Firms Exploit Children and Hurt Families,” signaled a major shift in the agency’s tech oversight, from antitrust enforcement to a broader push to regulate online content in the name of child protection.
Details:
The summit featured predominantly conservative speakers advocating a regulatory agenda that furthers reforms to online speech, privacy, and platform governance.
FTC Chair Andrew Ferguson proposed expanded surveillance powers for parents and platforms, including mandatory age verification using biometric or government ID data.
Other proposals included anti-porn legislation and the promotion of broad “family values.”
» Philippines Proposes Cybercrime Law Revisions, Taxes for Content Creators
The Philippine House tri-committee investigating online misinformation has released sweeping recommendations aimed at tightening control over digital content, including changes to cybercrime laws, stricter social media oversight, and new tax systems for content creators.
Recommendations:
A law outlining social media platforms’ responsibilities, including user verification and proactive content moderation.
A false content penalization law targeting those who produce, publish, or fund misinformation.
AI legislation to address deepfakes and algorithmic deception, including liability for developers.
Creation of a Digital Council of the Philippines to regulate social media actors, modeled after broadcast and journalism associations.
Tax compliance systems for digital content creators, improving income verification, and enforcing obligations on foreign-paid influencers.
The Brussels Effect: Europe and Beyond 🇪🇺
» Meta’s Oversight Board Says Free Speech Must Be the Centerpiece of the EU’s Digital Services Act
In a comprehensive policy paper released by Meta’s Oversight Board, they highlight that human rights, particularly freedom of expression, must be placed at the core of systemic risk assessments. Under the DSA, companies are required to mitigate risks like the dissemination of illegal content or negative effects on issues like electoral processes or citizens’ well-being.
Details:
The report recommended clarifying the meaning of systemic risks, drawing on human rights standards, systematically engaging with stakeholders, and ensuring that companies use quantitative and qualitative data in their assessments.
The report cited essays by Jordi Calvet-Bademunt and Joan Barata to emphasize the risks of political interference.
» EU Member States Push for Age Limits for Social Media
A coalition led by Greece, France, and Spain is urging the European Union to impose bloc-wide restrictions on minors' access to social media, sparking concerns over platform liability and the erosion of online anonymity and free expression.
Details:
The plan calls for establishing a uniform “age of digital adulthood” across the EU, requiring parental consent before minors can access social media platforms.
The European Commission is developing an age-verification app and has issued draft guidelines under the Digital Services Act, recommending stricter defaults for minors’ accounts, though these remain non-binding.
Press Freedom Watch 🗞️
Florida Agency Accused of Suppressing Nonprofit Scrutiny: The Florida Department of Children and Families, overseen by the DeSantis administration, sent an unsigned cease-and-desist letter to Orlando Sentinel reporter Jeffery Schweers over his reporting on DeSantis' wife's nonprofit, the Hope Florida Initiative, alleging he behaved with "coercion." DeSantis shared the letter on X, labeling Schweers a "bottom feeder." The Sentinel rejects the allegations and describes the letter as an attempt to stifle ongoing investigative work related to Hope Florida's finances and political activity.
Illinois Legislature Advances Anti-SLAPP Protections: Illinois lawmakers have advanced a bill extending SLAPP protections to news media after the Illinois Supreme Court blocked such shield defenses in a defamation suit against the Chicago Sun‑Times.
Thailand Enacts Anti-SLAPP Law to Shield Whistleblowers: Thailand has enacted a strengthened anti-corruption law that incorporates Anti-SLAPP protections, aiming to protect citizens who report misconduct from legal retaliation. Effective June 5, the law provides criminal defense assistance, legal representation, and court fee coverage, intervening in malicious civil, criminal, or professional proceedings.
Protest Watch ✊
Military deployed against LA deportation protests: In Los Angeles, protests erupted against mass arrests and deportations by ICE. In response, President Trump deployed National Guard and Marine troops over Governor Gavin Newsom’s objections, drawing sharp criticism from free speech advocates.
Video footage shows a police officer firing a round and hitting Lauren Tomasi, a correspondent for Australia's 9News, in the leg with a rubber bullet while broadcasting live from downtown Los Angeles.
New Charges Aim to Keep Joshua Wong in Jail: Hong Kong pro-democracy activist Joshua Wong faces a new charge of “conspiring to collude with foreign forces” under the Beijing-imposed National Security Law, just as he was set for release in 18 months. The charge carries a potential life sentence. Authorities allege Wong conspired with exiled activist Nathan Law and others to encourage foreign sanctions between July and November 2020.
Malaysia Targets LGBTQ+ Workshop Organizers Ahead of Pride Event: On June 4, Malaysian police summoned two members of the Socialist Party’s youth wing over plans to host a Pride month workshop. Authorities are investigating the event under multiple laws, including blasphemy and incitement. One organizer’s phone was confiscated, and police warned the public against attending the event, citing “public sensitivities.”
Christian Campaigners Detained in Brussels Over Gender Medicine Protest: Two free speech advocates, ADF International’s Lois McLatchie Miller and Canadian activist ‘Billboard Chris,’ were arrested outside the European Parliament in Brussels while holding signs critical of gender ideology and puberty blockers. ‘Billboard Chris’ has been arrested before for his controversial speech, as reported in a previous Free Flow. The pair says they were surrounded by a hostile crowd, after which police detained them for “disturbing the peace.” No charges were ultimately filed, and they were released after several hours in custody.
Seattle’s New Police Chief Pledges to Protect Protest Rights: At a City Council Public Safety Committee meeting this week, newly appointed Seattle Police Chief Shon Barnes stated he would "do whatever it takes" to protect residents’ First Amendment rights. Barnes also raised concerns about political retaliation, saying, “At some point, I will probably go to jail and be in prison because we have an administration that has threatened to jail politicians.”
Quick Hits 💨
Pakistan’s Blasphemy Laws Extort Religious Minorities: A report released by the Human Rights Watch reveals the widespread misuse of Pakistan’s blasphemy laws to target religious minorities, particularly Christians and Ahmadis, for economic exploitation, forced displacement, and land seizures. False blasphemy accusations are often made with no supporting evidence, which HRW says can result in detention, unfair trials, or mob violence that displaces communities and opens their properties up for seizure.
DOJ Sues Coffee Shop Over Hamas Tribute: United States Attorney General Pam Bondi announced the DOJ is suing a California Coffee shop after it named a drink “Sweet Sinwar,” a tribute to a Hamas leader. While the DOJ case may have broader claims, Bondi’s prosecution on the basis of offensive speech has sparked criticism from First Amendment advocates.
Iranian Singer Sentenced to Death for Blasphemy: Iran’s Supreme Court has sentenced pop artist Amir Hossein Maghsoudloo, better known as Tataloo, to death for alleged blasphemy, including “insulting the Prophet Mohammed.” Tataloo was previously arrested in 2016 and exiled to Turkey, where he was extradited back to Iran in 2023 and imprisoned for encouraging prostitution and spreading content deemed obscene or anti-state. His past support for Iranian nuclear policy and his collaborations with international labels like Universal Music Group mark him as one of Iran’s most high-profile and polarizing cultural figures.
REPORT: YouTube Monetization Ban Hurts Independent Media in Russia and Belarus: According to the Jamestown Foundation, YouTube’s post-2022 restrictions, including the suspension of monetization and removal of Russian state media, have inadvertently strengthened Belarusian state propaganda while severely undermining independent Russian-language media. In Belarus, state-run media outlets rapidly filled the void left by banned Russian state channels, and independent outlets like NEXTA have gone underground due to the criminalization of subscribing to “extremist” channels.
Russian Opposition Politician Placed Under House Arrest: Lev Shlosberg, a prominent member of Russia’s liberal Yabloko party, has been placed under house arrest by a court on charges of “discrediting” the Russian military after he called for a ceasefire in Ukraine at a public debate later shared online. Wind of Shlosberg’s arrest comes as Russia’s Constitutional Court affirms wartime censorship laws’ constitutionality in response to an appeal filed by the defense of Alexey Gorinov, a Moscow opposition deputy sentenced to seven years in 2022 for calling the Ukraine invasion a war and mourning civilian deaths.
Yoga Classes on San Diego Beach Upheld as Protected Free Speech: The Ninth Circuit struck down a San Diego ordinance banning group yoga sessions on public beaches, ruling that teaching yoga qualifies as expressive conduct protected under the First Amendment.
Ashley Haek is a communications coordinator at The Future of Free Speech.
Hirad Mirami is a research assistant at The Future of Free Speech and a student at the University of Chicago studying economics and history.
Ava Sjursen is a communications intern at The Future of Free Speech and a student at Boston College studying communications and political science.