Colorado Supreme Court Upholds a Decision That Forced a Teenager to Register As a Sex Offender for Swapping Nude Selfies
That result "may strike some as unfair," the court says, but it's what state law required at the time.
Free Speech
The Supreme Court Says Your Filthy Trademark Is Protected by the First Amendment
A 6-3 ruling says that the First Amendment protects brand names that are considered “immoral” or “scandalous.”
Facially Viewpoint-Based Statutes Are Unconstitutional Even if They Aren't "Substantially" Overbroad
So the majority held in today's decision about the exclusion of "immoral or scandalous" marks from trademark registration (the FUCT case).
Congress May Not Bar Registration of "Immoral or Scandalous" Trademarks -- But "Vulgar or Profane" Marks, Maybe
The Supreme Court rules that the bar on "immoral or scandalous" marks is viewpoint-based, but Chief Justice Roberts and Justices Breyer, Alito, and Sotomayor say that an exclusion of "vulgar or profane" marks would be viewpoint-neutral though content-based. (The other five Justices express no opinion on a hypothetical "vulgar or profane" mark ban.)
Oberlin Has Been Ordered to Pay $44 Million in a Defamation Lawsuit. The Punishment Doesn't Fit the Crime.
A local bakery accused the college of defamation after students launched a public campaign against the store for racial profiling. Oberlin mounted a free speech defense.
Rhode Island Court Issues Temporary Restraining Order Requiring Blogger to Take Down All Posts About a Person
According to the ACLU of Rhode Island, which is representing the blogger, the order was issued without any adversarial hearing at which the blogger could appear.
How Europe Censors What Americans Say Online
Stanford Law professor and former Google attorney Daphne Keller says tech giants are facing pressure from governments worldwide to clamp down on content.
Almost No One Digs Josh Hawley's Internet Censorship Proposal, Thank Goodness
Plus: Immigration officials confirm Trump tweets about new raids, Elizabeth Warren talks sex work decriminalization, and more...
The U.K. Has Banned 'Harmful Gender Stereotypes' in Advertisements
The move is an assault on free speech.
Josh Hawley Introduces Bill to Put Washington In Charge of Internet Speech
Hawley is selling it as a way to fight tech-company "bias" against Republicans. Don't believe him.
University of Minnesota Food Service Worker Says 'Hello' in Japanese to Asian-American Student, Who Files a Bias Report
"These type of microaggressions occur too often on campus."
Campus Radicals Against Free Speech
Reason's Robby Soave on his new book, Panic Attack: Young Radicals in the Age of Trump
Let God Tweet
I shouted out, who killed online freedom of speech? When after all, it was you and me.
Vermont Supreme Court Reads Revenge Porn Law Narrowly
Alice sends nude picture to her ex, Bob. Bob's new girlfriend (or maybe would-be girlfriend) Carol gets it and posts it online. Carol wouldn't be guilty under the state revenge porn statute, the court rules.
Do the Hatch Act's Restrictions on Kellyanne Conway's Commentary Violate Her First Amendment Rights?
The president's spokeswoman is doing what she has always done on TV, unencumbered by the legal distinction between partisan pundit and executive branch employee.
No Take-Backs, No Do-Overs, No Data Replevin
A lawyer caught on tape criticizing his client (a judge), in the making of a documentary about the prosecution of rapper Meek Mill.
Is Accepting Information About a Political Opponent From a Foreigner 'an Assault on Our Democracy'?
Nancy Pelosi's overwrought take on Donald Trump's receptiveness to "oppo research" is hard to take seriously.
Did Craig Hicks Murder His Neighbors Because They Were Muslims? Should It Matter Legally?
The debate about whether the killer should have been prosecuted for federal hate crimes shows how the Justice Department targets defendants based on the opinions they express.
Muscular Content Moderation Is a Really Bad Idea That's Impossible To Implement Well
Be afraid as more journalists and politicians start calling for stronger policing of online speech.
Congress Wants to Help Broker a Better Tech Deal for Big Media
Plus: psychedelics research bill moves forward, big companies push back against abortion bans, and more...
Why the Arkansas Law Aimed at Boycotts of Israel Is Generally Constitutional, Part II
Prof. Michael Dorf, who co-signed an amicus brief with me on this subject, adds more in response to an exchange with a law professor on the other side.
Are Google and YouTube Evil? No, But Don't Let That Get in the Way of Your Feelings.
Despite scant evidence, everyone wants to believe that social media has a unique ability to control our thoughts and actions.
Santa Clara University Student Government Won't Recognize YAF, Says Conservative Speakers Make Campus 'Unsafe'
"The presence of YAF would further marginalize minority students on campus."
Trump's Mexican Standoff and the New Illiberal Right
When Tucker Carlson and Elizabeth Warren agree on trade, regulation, and social media, it's time to rethink a few things.
Washington Court Reaffirms That Florists Must Serve Same-Sex Weddings
The U.S. Supreme Court had sent the case back down to be considered in light of the (narrow) Masterpiece Cakeshop decision.
YouTube Punishes Steven Crowder for Homophobic Speech, a Confused Approach to an Unsolvable Problem
The video platform temporarily demonetized a conservative comedian's channel, satisfying no one.
What the Battle To Publish Allen Ginsberg's 'Howl' Means to Today's Free-Speech Struggles
The People v. Lawrence Ferlinghetti explains how America embraced free speech—and how we're ready to throw it away.
Hempfest Sues Washington's Marijuana Regulators for Censoring Sponsors' Signs
The Seattle festival's organizers argue that banning signs referring to state-licensed cannabusinesses violates the state and federal constitutions.
The European Union May Order Facebook to Stop You From Calling Austrian Politicians 'Corrupt Oafs'
Censorship inevitably ends up being used to protect the powerful from criticism.
After Virginia Beach Shooting, a Quick Pivot to Squabbling About 'Silencers' and Trump's Golf Clothes
Plus: Spending bill includes pro-marijuana changes, State Department starts collecting social media accounts of visa applicants, and more...
Facebook's Zuckerberg Was Right To Skip Canadian Show Trial
Abroad, legislators are in the mood to theatrically punish social media companies. CEOs shouldn’t play along.
First Amendment Limits Media Liability for Inducing Breach of Nondisclosure Agreement
So holds a (nonprecedential) California Court of Appeal decision in the Jenni Rivera heirs vs. Univision case, though the decision is narrowly tied to these particular facts.
Subpoenas Seeking to Identify Illegally Absent Teachers Likely Don't Violate the First Amendment
"Students are expected to attend classes. If they fail to do so without a valid excuse, their absence is duly-noted and appropriate action is taken. But the teachers at the center of this controversy expect different treatment."
First Amendment Group Sues the University of Illinois Over Bias Reporting System, Restrictions on Political Speech
"An elaborate investigative and enforcement regime designed to restrain, deter, suppress, and punish speech."
Why Instapundit Glenn Reynolds Thinks Twitter, Facebook, and Google Should Be Busted Up
The "blogfather" once touted the internet as the antidote to Big Government, Big Business, and Big Media. Now he wants the feds to crack down on social media.
Dissenting From a Decision Blocking a Retaliatory Arrest Claim, Neil Gorsuch Notes That 'Almost Anyone Can Be Arrested for Something'
The Trump appointee warns that "little would be left of our First Amendment liberties" if cops could punish people who irk them by finding a legal reason to bust them.
No "Tone-Policing," Says a Court
Sound words from a federal district court decision handed down last year.
First Amendment Protections for Anonymous Speakers Apply to Foreign Speakers
So holds a district court, in a copyright case brought by the Jehovah's Witnesses against a Reddit commenter.
Utah State Trial Judge Disciplined for Anti-Trump Remarks in Courtroom
The Utah Supreme Court upheld a six-month suspension without pay, based in part (though not entirely) on these remarks; the judge has a history of past discipline on other grounds as well.
Who Owns Your Life Story? Free Speech Rules (Episode 4)
Episode 4 of Free Speech Rules, starring UCLA law professor Eugene Volokh
Crossfit Deletes Facebook and Instagram After User Group Is Deplatformed
In the best of all possible worlds, such actions wouldn't be necessary. In the current climate, boycotting social media might spark a return to a robust marketplace of ideas.
New Julian Assange Indictment Crushes the Hopes of Journalists Who Thought Their Press Passes Would Save Them
Don't believe the Justice Department when it reassures journalists that the WikiLeaks founder is uniquely guilty of violating the Espionage Act.
Dangerous Precedent Looms in Espionage Indictment Against Julian Assange
Plus: Naomi Wolf has no clue (again), gun site wins Section 230 case, and more...
Theory of Revised Julian Assange Indictment Could Apply to Ordinary Reporters
Under the government's theory in some of the charges, any reporter who knowingly prints certain kinds of government secrets could equally be prosecuted.
