Minnesota Supreme Court Strikes Down Blackmail Statute as Overbroad
It's possible that a narrower statute with a "lack of nexus" requirement (see below) might be constitutional, though the majority doesn't discuss that.
Free Speech
Jonathan Rauch on Cancel Culture and the 'Unending Battle' for Free Speech
"The idea that wrongheaded, dangerous, heretical, and blasphemous ideas should be not only allowed but protected is preposterous," says Rauch. And yet, it's "the single most successful social principle ever invented."
Trump Deploys Lawlessness Against Lawlessness
The president’s heavy-handed response to protests against police brutality belies his promise of "law and order."
#MeToo, #TheyLied, and Pseudonymous Litigation
When can libel plaintiffs, suing over allegedly false claims of sexual misconduct, sue pseudonymously? When can defendants defend pseudonymously?
Kmele Foster on Why He Opposes Cancel Culture and the Anti-Capitalist Side of Black Lives Matter
The Fifth Column podcaster is done with cancel culture, identity politics, and political orthodoxy.
Feds Send Outside Agitators To Escalate Conflict in Portland
Plus: How H-1B visa restrictions cost U.S. jobs, a woman sues the British health service over hormone blockers, and more...
Libel Case Flowing from the Philando Castile Shooting Can Go Forward
Defendant, a local mayor and sheriff's deputy, tweeted about Castile's girlfriend (who had gotten a settlement from local government entities), "She needs to come off County and State Aid now that she has some cash. It'll be gone in 6 months on crack cocaine."
Libel Lawsuit by Trump Supporter (and Sanctuary-State Opponent) Roslyn La Liberte Against MSNBC's Joy Reid Can Go Forward
So a Second Circuit panel just held.
How Non-Existent Cancel Culture Works at Princeton and Elsewhere
When a university president threatens a professor with consequences for writing an article, free expression loses out.
Conviction of 17-Year-Old Girl for Threatening Her Mother Reversed
"The record shows nothing more than odious expressions of frustration."
FitzGibbon v. Radack Settlement
Noted political publicist Trevor FitzGibbon (who had represented Julian Assange) sued whistleblower lawyer Jesselyn Radack (who had represented Edward Snowden) -- a second time; now there's a second settlement.
Should Schools Be Fully Reopened in the Fall?
The Reason Roundtable weighs in on the latest coronavirus policy debate.
Oregon Law Punishes People for Calling the Police, If a Court Finds They Had a Bad Motive --
even if there's nothing at all false in the call.
Professor Put on Administrative Leave for Accurately Quoting Leading Campus Speech Code Case
The professor, the chair of the Central Michigan University journalism department, was teaching a media law class, and quoted a case that discussed the use of the word "nigger" at public universities.
Garry Kasparov and Me, Talking About Free Speech …
... and, fortunately for me, not playing chess.
"TCPA Class Certification Denial Exposes Major Spousal Scheme" Is a Statement of Opinion,
holds the Second Circuit in a case rejecting a libel lawsuit over a blog post headline.
The Reaction to the Harper's Letter on Cancel Culture Proves Why It Was Necessary
I was one of the 153 signers and am a veteran of the Twitter wars. But even I was taken aback by the swift, virulent response.
Lefties Hate on Liberal Open Letter on Free Speech
But buried beneath the bilious response to the Harper's joint statement is a worthwhile argument about freedom of association.
"A Letter on Justice and Open Debate," with Many Prominent Liberal Signers
Posted at the Harper's Magazine site.
S. Ct. Strikes Down Content-Based Exception from Robocall Ban,
keeps in place the rest of the law banning robocalls to cell phones.
Brandon Straka's #WalkAway Lawsuit Against LGBT Community Center Thrown Out
Straka loses on his discrimination, cyberbullying, defamation, and breach of contract claims.
"Shitty Media Men" List Libel Lawsuit Can Go Forward
Plaintiff had sufficiently alleged that the defendant didn't just create the list as a platform for others, but herself posted material about him -- though whether plaintiff ultimately prevails will depend on what discovery reveals.
Mary Trump Temporarily Enjoined from Publishing Memoir—But Injunction Lifted as to Her Publisher
"While Ms. Trump unquestionably possesses the same First Amendment expressive rights belonging to all Americans, she also possesses the right to enter into contracts, including the right to contract away her First Amendment rights." One precedent supporting that proposition: Another Trump v. Trump, a 1992 case involving Ivana Trump and Donald Trump.
Cities Can Accept Some Monuments for Parks -- or Messages Painted on Streets -- Without Having to Accept Others
Washington, D.C.'s writing "Black Lives Matter" on a street and letting others paint "Defund the Police" next to it doesn't require D.C. to let others paint messages on other streets.
Lawsuit Against 'Shitty Media Men' List Creator Can Proceed, Judge Says
Plus: Tech giants will testify in Congressional antitrust hearing, Seattle police clear out CHOP, and more...
Out-of-School K-12 Student Speech Can't Be Punished Even If It Causes "Disruption" at School
So says a Third Circuit panel, though other circuits disagree.
And Another N.Y. Bill Targeted at "Hate Speech" (and Advocacy of Boycotts of Friendly Countries)
This one focuses on student groups that get funding from public colleges, but it's an unconstitutional viewpoint-based restriction.
Wesley Yang: Woke Protests Against 'White Supremacism' May Be the New Normal
The Souls of Yellow Folk author says a new "elite consensus" fixated on racial outrage is forming and may destroy our ability to function.
N.Y. State Bill to Ban "Hate Speech" from Social Media
"Hate speech" would be defined as an intentional "insulting statement about a group of persons because of race, ethnicity, nationality, religion or beliefs, sexual orientation, gender identity or physical, mental or intellectual disability."
Partisan Hypocrisy on Display in Supreme Court Ruling on Anti-Prostitution Pledge and the First Amendment
Can the government compel speech? For Supreme Court justices, that seems to depend on the content of that speech.
"These Days … It Is Safest to Be Circumspect and Cautious"
"To survive as a ... professor requires constant self-censorship and compromise, especially in the humanities .... Resistance comes at a cost .... [H]er colleague ..., a law professor, was interrogated and suspended from teaching after publishing a series of essays critical of ...."
Twitter Wins Lawsuit Over "Devin Nunes' Cow" Twitter Feed
Rep. Devin Nunes can't hold Twitter liable for allegedly defamatory posts by Twitter user:
Devin Nunes Can Sue Cow Account but Not Twitter, Says Judge
Plus: Time to cancel U.S. propaganda outlets, Twitch sued over sexy women, new Assange indictment, social-justice symbolism, and more...
"Resolution of Judicial Misconduct Complaints About District Judge Lynn Adelman"
Judge Adelman's article sharply criticizing the Supreme Court, the Seventh Circuit concluded, was largely permissible under the Canons of Judicial Conduct, except "the opening two sentences of the article and the criticisms of recent policy positions taken by one political party."
Florida Judges Split on Injunction Against Critic of State Senator
"Publicly expressing anger toward an elected official is not a basis for entry of an injunction. In public debate, elected officials must tolerate insulting remarks—even angry, outrageous speech—to provide breathing room for the First Amendment."
"Ambulance Chaser Is Too Good a Term for Him" Isn't Libelous (At Least in Yelp Review)
"Defendant's Yelp post about plaintiff is reasonably and best understood to be, simply, name-calling."
