California Appellate Court Rejects Sealing of Alleged Libel
The common law, the First Amendment, and California court rules provide a broad right of access to court documents.
Free Speech
Raleigh Police Department: 'Protesting Is a Non-Essential Activity'
The government has broad emergency powers, but that doesn't mean the Constitution is suspended.
12-Year-Old "Politically Vocal Boy" Loses Libel Claim Against Newsweek
The Newsweek article, among other things, quoted a professor who said two young public supporters of Trump "'camouflage' positions of the hard right 'as feel-good sweetness and light, when, in fact, they are defending raw racism and sexual abuse.'"
UCLA Law Dean Apologizes for My Having Accurately Quoted the Word "Nigger" in Discussing a Case
I, however, do not apologize.
Hospital Technicians Ignore Copyright Law to Fight COVID-19
They trade tips and manuals through a decentralized information-sharing network. Biomedical technicians say it's the fastest and easiest way to get life-saving information.
Trump Campaign Sues TV Station for Running 'Defamatory' Coronavirus Attack Ad
The lawsuit is the latest in a string of frivolous suits the president's reelection campaign has filed against media outlets.
Litigant Can't Seal Case to "Improve Her Chances of Employment"
A federal magistrate holds that the right of access to court records precludes such sealing.
N.Y. Court Invalidates Conviction Under Anti-Crime-Hoax Law
The case was a hate crime hoax perpetrated by a SUNY Albany student.
Mississippi City Bans Drive-in Church Services
That violates the Mississippi Religious Freedom Restoration Act, and probably the freedom of assembly and association.
Jerry Falwell Jr. Has a Free Speech Problem
The Liberty University president thinks two reporters' coverage was unfair—so he wants them arrested.
Texas Teen Booked on Terror Charge for COVID-19 Snapchat Video
She posted on social media about deliberately spreading the disease, but she's not actually sick.
FCC Rejects Petition to Censor Broadcasts of President Trump's Coronavirus Press Conferences (and Other Speech)
"The Commission does not ... act as a self-appointed, free-roving arbiter of truth in journalism. plus an interesting discussion of the FCC's hoax rules.
Candidate for Wisconsin S. Ct. (Judge Jill Karofsky) Seeks Preliminary Injunction Against Allegedly Libelous Campaign Ads
Today, Judge Judge Timothy M. Witkowiak refused to issue the injunction, partly on prior restraint grounds. The election is scheduled for tomorrow.
Johnny Depp's Libel Claim Against Ex-Wife Amber Heard Can Proceed
Heard's Washington Post op-ed didn't mention Depp, but the judge concludes that in context it would be seen as implying factual assertions about him.
Wake Forest Dean Apologizes for Constitutional Law Professor's Quoting the Word "Nigger" from a Leading Supreme Court Case
A word that appears >10,000 times in court cases, in a wide range of fields -- yet some insist that law professors not be allowed to quote it.
Child Custody Conditions Restricting Parents' Speech and Gun Storage
An interesting, though inconclusive, case involving preppers.
"Can ProctorU Be Trusted With Students' Personal Data?"
An interesting post by Paul Alan Levy (Public Citizen) on a demand letter ProctorU sent to UCSB.
When an Epidemic Spreads, So Do Rumors
The biggest thing our institutions could do to stop the spread of COVID-19 misinformation would be to spread less misinformation themselves.
Is Wearing a Face Mask in Public To Ward Off COVID-19 a Crime?
It depends on the state where you live.
Can't Seal Police Abuse Settlement Amount Just Because Beneficiary is a Minor
The district court reasoned that sealing was justified because of "the child's privacy interest in being protected from financial predators or others who would harass the child simply because they know the amount received." No, said the Fifth Circuit.
China's Censorship Helped Start a Pandemic. Can Free Speech End It?
The contagious spread of information is in a race against the contagious spread of coronavirus.
Owner of DERBY-PIE Trademark Can't Stop Kentucky Newspaper from Discussing Other Derby Pies
An important principle, which also applies to uses of trademarked terms in films, books, video games, and the like: "A party does not violate trademark law solely by using words another entity has trademarked."
Comedian Ordered Not to Post Anything "That Would Suggest to Prospective Employers That They Should Not Hire … or Book" Her Comedian Ex
The California Court of Appeal reversed, in an interesting case about allegations of physical abuse—and claims that the allegations were themselves a form of "abuse."
Why I'm Not (Yet?) Much Worried About the Civil Liberties Restrictions Flowing from the Coronavirus Response
The restrictions are less dangerous precisely because they are so broad and onerous.
Federal Lawsuit Against Pro-Palestinian / Anti-Semitic Protesters Outside Synagogue
The plaintiffs are claiming, among other things, "group libel."
COVID-19 Reminds Us: Social Media Is Good, Actually
Will coronavirus help rehabilitate tech's rep?
Ross Douthat: 'When They Take the Porn, You Can Curse My Name'
New York Times columnist and Decadent Society author defends prohibitionism in a conversation on The Fifth Column.
Sealing Court Filings Drawn from Discovery Requires More Than Just General Assertions of Confidentiality
A case decided Monday reaffirms this principle, especially in the Seventh Circuit.
Accusations of Trying to "Hit on Underage Girls" Aren't Defamatory Without Proof of Actual Damage,
at least under the Illinois "innocent construction" rule, under which "a nondefamatory interpretation must be adopted if it is reasonable"—"a reasonable reading of Lorenz's article is that although Wedgewood communicated with underage girls, he never meant to take things further."
Do You Have a First Amendment Right to a Slayer-Themed License Plate?
A new lawsuit is challenging the California DMV's rejection of allegedly offensive personalized license plates.
Can Law Ban False Reporting About Coronavirus?
Probably, if it's limited to knowing falsehoods (or perhaps statements where the speaker knows they are probably false).
Rocker Nick Cave Defends Old Songs From 'Perpetually Pissed Off Coterie of Pearl-Clutchers'
"I would rather be remembered for writing something that was...offensive, than to be forgotten for writing something bloodless."
The Bloomberg and Steyer Fiascoes Should Give Pause to Speech Restrictionists
No amount of money can buy victory for candidates who fail to persuade voters.
Manhattan Federal Court Coronavirus-Related Restrictions
In light of this, should the presumptive First Amendment right of access to court cases require the court to provide video coverage of hearings?
Senators Push Sneaky Anti-Privacy Bill
The EARN IT is an attack on encryption masquerading as a blow against underage porn.
Would a Ban on Handshaking Be Constitutional?
Not that I'm suggesting it, but it's an interesting con law hypo.
Criminal Libel Conviction for Anti-Nixon Cartoon
An interesting 1969 case (based on a publication right after the 1968 election), reversed on appeal in 1974; thanks to Jacob Gershman (Wall St. J.) for letting me know about it.
