Free Speech
Can a Fighting Words Charge Lead to a Higher Sentence Because of the Defendant's Racial Motivation?
Yes, the Ohio Court of Appeals held Thursday.
District Court Reverses Own Right-to-Be-Forgotten-Like Decision
The judge had earlier ordered search engines and web sites to remove materials about a employment discrimination lawsuit.
Latest Decision in Sarah Palin v. N.Y. Times: N.Y.'s New Anti-SLAPP Law Is Retroactive
If this decision stands, then the Supreme Court wouldn't have a chance to reconsider the N.Y. Times v. Sullivan "actual malice" requirement in this case (not that it was likely to in any event).
Hunter Biden Laptop Repairman Sues Twitter for Labeling the Documents "Hacked"
Twitter's labeling, John Paul Mac Isaac contends, implicitly accused him of being a hacker, and was therefore libel.
No Injunction Against Using Person's Name/Likeness in Promoting Free Podcasts …
even when the podcast producer tries to make money from them.
Are These Vulgarity-Spouting Birds a Threat to Democracy?
Aaron Reynolds is just trying to make people laugh, but his content may have been flagged on Instagram for interfering with the election.
Suppressing 'Hate Speech' on Social Media Drives Users to New Platforms
The more that big social media companies act like they can control what people say, the more competition they encourage.
Lindsey Graham Says Trump Will Sign Spending Bill if It Takes Aim at Section 230
Plus: One in seven NYC chain stores closed, Columbus officers turned off body cams before fatal shooting, and more....
Therapist Elizabeth Brokamp Fights for the Right To See Patients Virtually
"I hope my case can start removing senseless boundaries to teletherapy," said Brokamp, who is suing in federal court on First Amendment grounds.
Mother Forbidden from Mentioning Her Own Name in Criticizing Custody Decision—and the Penn. S. Ct. Upholds This
The Pennsylvania Supreme Court 5-2 majority concludes that the injunction is "content-neutral," quite erroneously, I think.
Guidance on Filing Sealed Documents
Don't just file the document unsealed, and then ask for sealing
Would the ACLU Still Defend Nazis' Right To March in Skokie?
Former Executive Director Ira Glasser discusses the past, present, and increasingly shaky future of free speech.
Odd Legal Theory as to "China-Based Executive at [Zoom] Charged with Disrupting Video Meetings Commemorating Tiananmen Square Massacre"
Xinjiang Jin (also known as Julien Jin) is being charged with conspiring to ... cause "substantial emotional distress" to people, under the "cyberstalking" statute.
Worse Than Sealed Court Records: Sealed Motions to Seal
A judge rightly speaks out against them.
Fair Use to Republish, in Annotated Form, Drone-Taken Photograph Used in a Political Argument
As with all fair use claims, the analysis turns on the particular facts.
No Sealing of Court Filings That Discuss Misconduct Allegations Against Police Officer, But …
"unsubstantiated allegations" that are "irrelevant ... and therefore inadmissible" can be redacted from the public version of the filings.
The Bipartisan Push To Gut Section 230 Will Suppress Online Speech
That's a high price to pay because some politicians are angry about a little Facebook moderation.
Colorado University-Denver Revises Unconstitutionally Restrictive, Viewpoint-Based E-Mail Policy
The Foundation for Individual Rights in Education (FIRE) gets results.
N.Y. Aims to Ban "Symbols of Hate" Sold by Private Vendors at State (or State-Funded) Fairgrounds
But such a ban would be unconstitutional viewpoint discrimination, whether applied to the Confederate flag, white supremacist symbols, or whatever else might be labeled as "hate[ful]."
First Amendment Generally Protects Secret Recording of Police Officers in Public Places
So the First Circuit concludes, quite rightly, I think.
New York Gov. Andrew Cuomo Bans Sale of Confederate Flags, Despite Knowing This Has First Amendment Problems
"While I fully support the spirit of this legislation, certain technical changes are necessary."
Calling Someone a "Twisted Moron" Isn't Libelous
"The statement at issue here is plainly an opinion, albeit an unflattering one."
Nevada Can't Impose Greater Restrictions on Churches Than on Casinos, Bowling Alleys, Etc.
So the Ninth Circuit just held this morning.
The Prosecution of Julian Assange Is an Assault on the First Amendment
Though journalists tend to despise the WikiLeaks founder, his fate could impact the future of their profession.
Heckler's Veto: $1.5 Million Nuisance Verdict Against Abortion Clinic, Chiefly Based on Actions of Protesters and Arsonists
The same logic could apply when churches, synagogues, mosques, bookstores, gun stores, fur stores, and similar places are targeted by their enemies. We've filed an amicus brief before the Georgia Court of Appeals, in support of getting the verdict reversed.
Court Considering Whether Theaters May Reopen in N.Y. Alongside Churches
"Both religion and theatre implicate the exercise of First Amendment rights, and the prioritization of religious events over secular artistic events that enjoy First Amendment free speech protection raises potentially thorny questions."
Defendant "Wants to Go to a New Employer and Not Disclose the Serious Allegations Raised Against Him [in a Suit by His Ex-Employer]"
"This Court cannot be a party ... to such a deception." So holds a federal Magistrate Judge in rejecting the parties' joint motion to seal the complaint in the case, after it had been settled.
Firing for Off-Duty Pro-Confederate-Flag Speech May Violate Colorado Statutes
So held a federal judge, I think correctly, interpreting those particular statutes, in a lawsuit against United Airlines.
FTC and State Prosecutors Join Antitrust Dogpile on Facebook
Plus: Sexual misconduct at the FBI, Tulsi Gabbard and Mike Lee don't understand the First Amendment, and more...
"Can the Government Deny Foster Parent Applications Due to Religious Beliefs?"
An American Enterprise Institute "Are You Kidding Me?" podcast episode, with Naomi Schaefer Riley, Ian Rowe, and me.
Saying Someone "Just Likes to Talk a Lot" Is Not Defamatory
What? Is there something supposedly wrong with liking to talk a lot?
No First Amendment Right for Protesters to Use Courthouse Restrooms
Yesterday’s Socratic method post followed up today with Jungian analysis.
Political Discrimination Lawsuit Against Apple Can Go Forward
The plaintiff claims Apple was upset about his stance critical of censorship by the Chinese government, in the context of his reviewing the Guo Media App, established by a Chinese dissent.
