It Wasn't Tear Gas. It Was a Gaseous Substance That Causes Tears.
Plus: Protest updates, COVID-19 upates, a surge in gun sales, and more...
Free Speech
It's Hard To Take Either Side in Trump's Twitter Spat Seriously
The president promises penalties he has no power to impose, while the company promises moderation it cannot deliver.
California Congressman Ro Khanna Calls for "Fairness Doctrine for the Internet"
Also for the FCC to police supposed "blatant falsity."
Interesting Public Access Decision as to the R. Kelly / Drea Kelly Divorce Case
"The mere fact a person may suffer embarrassment or damage to his reputation as a result of allegations in a pleading does not justify sealing the court file."
Libel Lawsuit Leads Court to Ban Even True Statements About Plaintiff's "Sex Offender Status"
Fortunately, the Michigan Court of Appeals has just reversed that injunction.
Donald Trump vs. Joe Biden vs. Twitter vs. Facebook
Thank god for the First Amendment and the feuds among powerful politicians and platforms that will keep free speech alive.
Trump's Illegal, Impossible Plan to Teach Twitter a Lesson
Plus: unrest in Minneapolis, Twitter labels Trump tweet, and more...
Court Orders: Stop Tweeting About Your Ex-Friend's Criminal Conviction—Though Tweets Didn't Use the Man's Name
Fortunately, the Florida Court of Appeal reversed the order.
Platform Immunity and "Platform Blocking and Screening of Offensive Material"
"Good faith," "otherwise objectionable," and more.
If the Government Bans Viewpoint Discrimination by Social Media Platforms, That Would Also Protect Pro-Terrorist Content
Government action protecting speech must itself be viewpoint-neutral, I think -- and this makes it much less likely that such viewpoint discrimination requirements will indeed be adopted.
Trump's Executive Order on Twitter Is a Total Mess
Plus: the weird new battle lines on warrantless surveillance, more CDC incompetence, Minneapolis on fire, and more…
Twitter Fact-Checks Trump. Trump Threatens To Shut Down Twitter.
Plus: Police brutality protest in Minnesota ends in more police brutality, and more...
"The Question Is Whether Delta [Airlines] Can Bring the Court a Dispute to Adjudicate in Secret"
"The answer to that question is clear."
Right of Access to Court Hearings During Epidemics
Court hearings may be physically closed to the public for health reasons, if the public can watch them via video.
$1M+ Award for Law Professor Libeled by Ex-Girlfriend's Rape Accusation
"The Court's belief in the veracity of Wright's testimony dwindled while the trial progressed, as evidence of her inconsistent and questionable conduct was revealed piece by piece.... She lied about her advanced degrees. She signed e-mails as Dr. Wright when she is not a doctor. Her testimony and medical records conflicted time and time again ...."
A Huge Blow to Hongkongers' Freedoms
New legislation proposed in Beijing signals the likely end of the "one country, two systems" policy that has allowed Hong Kong to flourish.
Requiring Creation of Computer Code Doesn't Violate the First Amendment
Seems right to me, at least as a general matter.
N.C. Trial Court Holds Preliminary Injunctions Against Alleged Libel Are Unconstitutional
But permanent injunctions after a full trial on the merits might be a different story.
Do Tattoo Shops Have a First Amendment Right To Remain Open During a Pandemic?
The idea is not so far-fetched.
Supreme Court Won't Hear Suit Saying Facebook Helped With Hamas Attack
Hamas "used and relied on" Facebook "as among its most important tools to facilitate and carry out its terrorist activity," the plaintiffs claimed.
Court in Devin Nunes Libel Lawsuit: "The Tedious and Laborious Exercise …
of dissecting each of the sixteen bullet points illustrates the deficiency of plaintiffs’ complaint."
Anti-Porn Groups Target Websites' Ability to Accept Credit Card Payments
We've seen this before...
Court Strikes Down Injunction Banning Divorcing Parents from Disparaging Each Other
An important decision from the Massachusetts high court.
Supreme Court Can Put a Stop to Rule Compelling Anti-Prostitution Speech From Anti-HIV/AIDS Groups
The anti-prostitution pledge is unconstitutional when applied to U.S. nonprofits. But the feds say it's still OK to compel speech from these groups' foreign affiliates.
New Facebook Oversight Board Will Handle Tricky Moderation, but Will It Value Free Speech?
Mark Zuckerberg can't please the anti-tech populists on the left and the right, no matter what he does.
Josh Duggar ("19 Kids and Counting") Lawsuit Thrown Out
Josh Duggar had sued over the government's releasing records of his juvenile investigation.
"Clear, Compelling, Written Language Is Required to Waive" Free Speech Rights
An important First Amendment holding in a factually fascinating case, which involves an alleged breach of contract, a World War II Medal of Honor, a dispute over a history book, and a discussion of anti-libel injunctions.
District Court in Ninth Circuit Issues Anti-Libel Injunction
But other courts in the Ninth Circuit have categorically said that such injunctions are unconstitutional—the law remains quite unclear.
"Well, We Have Reviewed That Order, Too"
Not a great thing to see in an appellate opinion, if you claimed that reviewing a court order shows that you should win.
North Carolina Supreme Court: Flipping Off Cop Did Not Justify Traffic Stop
A state trooper believed a man driving by and flipping the bird at the cops constituted disorderly conduct. (It didn't.)
Woman Banned from "Making Any … Public Allegations Against" Ex, a Police Sergeant, "on Social Media"
We've filed a friend-of-the-court brief asking the Tennessee Supreme Court to review the case.
The National Labor Relations Board Wants To Punish a Conservative Publisher for a Joke About Unions
The Federalist's Ben Domenech is fighting the government in court.
Fifth Circuit Anti-BDS Lawsuit Dismissed as Moot
The Eighth Circuit lawsuit remains pending.
People Stuck at Home Are Making and Watching Porn. Everybody Panic!
Anti-porn crusaders get their panties in a twist about a uptick in porn consumption during COVID-19.
Prisoner in Ohio Halfway House Complains About Lack of COVID-19 Preparations. He's Sent Back to Prison. Now Ohio Prisons are Exploding with COVID-19.
While his own prison is not yet facing a huge problem, Brandon Baxter had a prescient complaint for which he seems to be being punished.
"Car Parades, Cruises, and Joyriding" "Are NOT Prohibited," at Least in Osage County, Kansas
And they would, I think, be peaceable assembly protected by the First Amendment, even in a time of epidemic.
