Free Speech
Judge Denies Pseudonymity, Because Plaintiff's Sensitive Personal Information Wouldn't Likely Emerge in the Case—But then Disclosed That Information In Its Order
"[T]he heart of the district court's analysis in denying Brooks's initial motion was its conclusion that the litigation would not require Brooks to disclose the information that he had filed under seal. But, in some respects, the district court's order did just that—it put the information that Brooks had filed under seal on the public docket."
Celebrate Independence Day by Insulting a Politician
Perhaps the one thing Americans still have in common is our eagerness to criticize government.
Government Employees May Generally Be Disciplined for Sufficiently Controversial Public Political Speech
From the Eleventh Circuit, a reminder that First Amendment protections against government employer action are much weaker than the protections against the government as sovereign (especially, but not only, when the speech is also "disrespectful, demeaning, rude, and insulting").
Florida Can Forbid Transgender High School Math Teacher From Using Feminine Pronouns to Refer to Herself in Class, 11th Circuit Says
The appeals court vacated a preliminary injunction that had been based on her First Amendment rights
Florida Teachers Have No First Amendment Right to Indicate Their Preferred Pronouns and Honorifics in Class
So an Eleventh Circuit panel held today, by a 2-1 vote.
By Settling Trump's Laughable Lawsuit Against CBS, Paramount Strikes a Blow at Freedom of the Press
The company's surrender to Trump's extortion vindicates his strategy of using frivolous litigation and his presidential powers to punish constitutionally protected speech.
The First Amendment Protects CNN's Reporting on ICEBlock and Iran
The Justice Department cannot constitutionally prosecute a news outlet for covering the news.
Lawsuit Against Google for Accurately Reporting Negative Stories About Plaintiff Dismissed
Plaintiff claimed that the search results violated his "right of publicity," and also that the output was defamatory because it "uses a 'negative algorithm' that promotes negative stories about Garmon while suppressing positive stories about him—or, at least, pushing the positive stories down the list of search results."
Are Plaintiffs More Eligible to Be Pseudonymous in Lawsuits Against the Government? Less Eligible?
Today's D.C. Circuit decision muddies the matter still further.
California Law Stops City from Flying World Flag Above U.S. and California Flag
And the U.S. Constitution doesn't preclude this result.
Court Allows Breach of Contract Claim for Haverford's Allegedly Failing to Respond to Anti-Semitism Complaints—But Only for Nominal Damages
"So whatever hard to imagine rationalization Haverford might offer for obscuring the content of its actual bias policy—an artifice reminiscent of Dean Wormer's 'double secret probation'—I find the demarcation 'draft' to be of no legal import."
Cancellation Litigation + Doxing Claim, over Allegedly Malicious Publicizing of Snapchat Video with Allegedly Racist Statements
"[B]oth parties exchanged these Snapchat videos while they were intoxicated and their judgment was impaired. Notwithstanding, the communications were private and intended to be jokes between close friends."
Clarence Thomas Undermines Free Speech in Porn Site Age-Verification Case
The Supreme Court's decision in Free Speech Coalition v. Paxton weakens the First Amendment rights of adults everywhere.
How Should Courts Analyze Age Verification Requirements for Porn That's Illegal for Minors?
Prohibiting the distribution of porn to minors, the Court says, legitimately carries with it some burdens on adults as well, when the burdens are closely linked to distinguishing the adults and the minors.
Big Free Speech Takeaway from Today's Free Speech Coalition v. Paxton Porn Age Verification Decision
"Strict scrutiny is unforgiving because it is the standard for reviewing the direct targeting of fully protected speech.... [A]s a practical matter, it is fatal in fact absent truly extraordinary circumstances."
No Pseudonymity for Illinois Ex-Med Student Suing Under Title IX to Challenge Dismissal for Sexual Misconduct
The Seventh Circuit is generally much more hesitant than courts in other circuits to allow pseudonymity in such cases.
Lawyers' Public Allegations of Racial Prejudice by Trial Judge Lead to 30-Day Suspension
The Florida Supreme Court concludes that, among other things, the allegations were knowingly or recklessly false.
Student Visa Applicants Will Now Be Forced To Make Their Social Media Accounts Public
The Trump administration continues its war against disfavored speech.
Pride Is a Triumph of the First Amendment
Free speech, assembly, and protest—not government action—have powered LGBTQ+ progress in America.
Reason Earns 15 Southern California Journalism Awards
First-place finishes include a piece on the Dutch "dropping" rite of passage, a documentary exploring citizen journalism and free speech, and a long-form interview with exoneree Amanda Knox.
Advertising Companies Cave to the FTC. Media Matters Sues To Defend the First Amendment.
Omnicom Group and the Interpublic Group of Companies accepted the Federal Trade Commission's anti-boycott proviso to complete their merger. Instead of capitulating to the commission, Media Matters is suing.
Defamation, Emotional Distress, Racism/Sexism Allegations, and Discovery
"[Defendant ex-employer's] request for all of [plaintiff's] communications containing language that is sexist or racist is overbroad."
Conflict and Loathing Among Signature Gatherers + Battery, Slurs, and Self-Defense
"While Mr. Legorreta may have been calling Cobham an 'asshole' and making other comments, and even if he called Cobham the 'N' word these events do not justify or provide a defense of self-defense."
The Rationale for Deporting Mahmoud Khalil Is Alarmingly Vague and Broad
Marco Rubio’s nebulous invocation of foreign policy interests is bound to have a chilling impact on freedom of speech, which is the whole point.
Illinois Court Dismisses Defamation Suit Based on Allegations that Plaintiff Teacher Was "Anti-White" etc.
The court does, however, leave open the possibility that the plaintiff can file an amended complaint that can go forward.
No Pseudonymity for Vexatious Litigant, Even When She Is Alleging Sexual Assault
"[A]llowing plaintiff to proceed under a pseudonym could enable her to evade judicial oversight under the vexatious litigant rules by obscuring her litigation history and identity across multiple cases."
Campaign Finance Laws Institutionalize Corruption
Powerful political allies get a pass, while dissenters are crushed with massive fines. This isn’t a flaw in the system—it’s the point.
No Preliminary Injunctions Against Penn's Sanctions on Prof. Amy Wax
"[W]hatever harm she claims, it is not imminent, irreparable harm. Her damages, if any, are monetary damages."
Did Elected Officials Violate First Amendment by Orchestrating Public Criticism of (and Racism Allegations Against) Their Critic?
"[P]ublic condemnations, op-eds, and official complaints ... through proxies are independent constitutional violations" if the officials "engaged in conduct that was motivated by the plaintiff's protected speech and had the requisite chilling effect on First Amendment activity."
Decisions to Restrict Online Access to Eviction Records Are for Judges, Not for Clerks of Court
So holds the Ohio Supreme Court.
