Litigating defamation claims "in secrecy to avoid any potential embarrassment to" their subjects "directly contradicts the presumptive right of public access to pleadings and judicial proceedings."
S. Ct. Marshal Asks for Enforcement of Md. Residential Picketing Ban; but that Ban Is Likely Unconstitutional
But the Montgomery County residential picketing ordinance, also mentioned in the marshal's letter, is likely fine.
No-Contact Order Against Law Students (and Professor) Based on Conversation About Homosexuality and Bible …
likely unconstitutional, holds a federal district court.
The late standup comedian's FBI file says he "ridiculed the FBI, law enforcement, and high public officials, beyond the bounds of good humor."
A pro-life group's model legislation hints at how extreme enforcing abortion bans could get.
The former president's recklessness is beyond dispute, but that is not enough to convict him while respecting the First Amendment.
I lost my motion opposing pseudonymity in the District of New Hampshire, though I'm appealing to the First Circuit.
The Sixth Circuit disagrees with the Second Circuit in the @RealDonaldTrump case (but maybe not by much).
A 6–3 majority sees it as noncoercive and not a violation of the Establishment Clause.
Justice Thomas reiterates his desire to revisit the contours of defamation law and New York Times v. Sullivan.
State Attorney General Suggests Considering Applicants' Ideological Viewpoints in Denying Carry Licenses
The California AG endorses denying licenses based on the applicant's "hatred" or "racism."
American U. Law Students Investigated for "Harassment" for Insulting Comments About Abortion in Group Chat
The complaining student alleged the students' remarks were "harassing and threatening" him because of his conservative "political affiliation" and his "religious beliefs."
The Foundation for Individual Rights and Expression (FIRE) is defending expression on campus and off as the ACLU becomes a progressive advocacy group.
Plus: Employers sue over Florida's Stop WOKE Act, how inflation erodes financial privacy, and more...
Despite its opposition to gun rights for individuals, the ACLU's drift away from its core mission resembles the NRA's recent trajectory.
When a judge hearing a protection order petition thinks the defendant is engaged in "harassment," which can include two or more statements the judge thinks is libelous, the judge can effectively criminalize future libels of the plaintiff by the defendant.
What happens when YouTube and Facebook can be held liable for their users’ speech?
Plus: Uvalde cops didn't check classroom door, Texas GOP slides further to the right, telemedicine deregulation in peril, and more...
Students sued to protect their First and 14th Amendment rights.
Contract Lawsuit Can Proceed, Over Private School Disciplining Student for Alleged Racial Epithet Use
The plaintiff alleged that the Wardlaw-Hartridge School had failed to comply with its own procedural rules in the Student-Parent Handbook.
But here the Iowa Supreme Court reduced the verdict to $3M, with an interesting analysis of the law of libel.
The WikiLeaks founder faces espionage charges for publishing classified U.S. information, a prosecution with serious implications for all our First Amendment protections.
"We enforce our policies equally for everyone," said a spokesperson.
It's Nina Jankowicz 2.0.
A Snapchat post containing this line and "a copy of the police report summarizing [a witness's] identification of [a person] as the shooter" leads to a four-year prison sentence for witness tampering; a New Jersey court says the post is a constitutionally unprotected true threat of violence.
and reverses a precedent that suggested that viewpoint-neutral speech restrictions in public K-12 schools are generally permissible.
One of the very few jobs where you'd get to litigate free speech law every day
Not Libel or IIED to Accuse Ex-Son-in-Law of Trying to Turn His Daughter (Accuser's Granddaughter) Lesbian,
at least in text messages to the grandchildren.
The award was entered against entertainment executive Damon Anthony Dash, former business partner of Jay-Z; $650K in libel damages to another plaintiff, plus likely $25K of the $125K, remain.
"[I]n this internet age, where jurors' names can trigger lightning-fast access to a wealth of biographical information, including addresses, any slightly positive role in divulging jurors' names to the public is outweighed by the risk to jury integrity."