Free Speech
Reputation Repair Service Costs as Measure for Damages in a Libel Case
An interesting decision, on a motion for default judgment.
Mother's "Islamophobic" Remarks About School Board Member Yield Ban from School District Property
(at least unless she gets case-by-case permission to enter that property). But a federal district judge has correctly held that this likely violated the First Amendment.
Court-Appointed Lawyer Ordered for Junior High Schooler's First Amendment Lawsuit
"The Croziers allege that the teacher 'lied to intentionally defame and label A.C. as a 'racist who said the N-word.'"
"Judges Propose Making Disclosure of Their Personal Details a Crime"
This would include group membership, information about where a spouse works, and more.
Prisoners Have the Right to Access Court Records in Their Own Cases
So concludes the Louisiana Supreme Court, in allowing a prisoner access to the jury vote breakdown in his case—quite important given the U.S. Supreme Court's ruling rejecting Louisiana nonunanimous convictions.
Section 230's Latest Attacker: The Justice Department
A new DOJ proposal aims to bring the internet communications law in line with Trump's personal interpretation of it.
Pouring Water on Speaker's Head During Press Conference Doesn't "Constitute[] Protected Speech"
A trial court said this pouring (without the target's consent) was indeed constitutionally protected; it took a 2-1 Texas Court of Appeals decision to reverse that.
USC Faculty Reaction to the Great USC Chinese Homonym Panic
"Scathing comments" from an anonymous faculty survey (reported by the Chronicle of Higher Education), plus an article in the Atlantic. You can't buy publicity like that, as they say, or faculty morale like that.
Petition to "Impose Further Disciplinary Actions" on University Students for TikTok Singalong
The students are at Florida International University, "Miami's first and only public research university."
Video Game Developers Have First Amendment Right to Base Characters in Part on Real People
So the Third Circuit held yesterday.
Court Rejects Columbus Dispatch's Argument in Favor of Sealing
Newspapers often argue against the sealing of court records; here the newspaper argued in favor.
Japan's Supreme Court Legalizes Non-Medical Tattooing
Before, tattoos could apparently be done only by M.D.s.
Creating a Version of a Work Solely for "Artistic Experimentation and to Seek License Approval from the Copyright Holder" = Fair Use
So holds Judge Virginia A. Phillips (C.D. Cal.) in Tracy Chapman's lawsuit against Nicki Minaj.
Judge Upholds Pseudonymity of Cincinnati Police Officer Who Is Suing His Critics for Libel
The question remains pending before the Ohio Court of Appeals.
New FCC Nominee Has Already Been Helping Trump Try To Censor Social Media
Plus: America's global prestige continues to drop, marijuana law enforcement is still racist, Wisconsin and Minnesota voters prefer Biden, and more...
Cuties and Its Critics Both Decry the Sexualization of Children
That point seems to have escaped many people who have not actually watched the controversial film, some of whom think it should banned.
Federal Court Holds Pennsylvania's Shutdown Order Unconstitutional: Limits on Public Gatherings
It also strikes down the stay-at-home order and business closings, but I'll discuss that in separate posts.
Contrary to What Ted Cruz Thinks, Prepubescent Twerking Does Not Make Cuties Illegal
The federal definition of child pornography does not encompass risqué dancing by clothed 11-year-olds.
The Julian Assange Case Threatens All Journalists Who Scrutinize Government Conduct
U.S. officials claim their espionage laws apply to the world, but constitutional protections do not.
The Messy TikTok Sale Is What Happens When Governments Get Involved in Social Media
Plus: More red states may get legal weed, antitrust action against Google expected this week, the Cuties controversy, and more...
Why Hong Kong's Protests Turned Violent
The escalation is part of a strategy to unmask China's abuses before the world.
Rule 11 Sanctions in "Quackwatch" Libel Case
Plaintiffs claimed that defendants had libeled them to foreign officials—but didn't have enough evidence that the defendants had actually said anything to those officials.
The COVID-19 Pandemic Keeps Proving Deadly to Liberty
As the pandemic rages on, nominally free countries are sliding down a path blazed by authoritarian regimes.
Massachusetts Abandons Its Puzzling Public Health Distinction Between Casinos and Video Arcades
A week after being sued over his arbitrary COVID-19 policy, Gov. Charlie Baker says he will allow arcades to reopen.
SCOTUS Contender James Ho Combines Respect for Free Speech and Gun Rights With a Troubling Deference to Cops
The 5th Circuit judge is a mixed bag from a libertarian perspective.
Are Video Arcades More Dangerous Than Casinos During a Pandemic?
A federal lawsuit argues that the distinction drawn by Massachusetts is unconstitutional.
Letter from USC Marshall School of Business Alumni About the "Neige" / Prof. Greg Patton Controversy
"This current incident, and Marshall's response so far, seem disturbingly similar to prevalent behavior in China [during the Cultural Revolution]—spurious accusations against innocent people, which escalated into institutional insanity."
If Employers Believe That Hearing the Mandarin "Neige" (Meaning "That") "Affect[s]" Black Students' "Mental Health,"
would they be likely to hire blacks for jobs in China, or anywhere where they might have to hear Mandarin?
USC "Casting Insult Toward the Chinese Language"
More on the Mandarin "neige" controversy.
Facebook Need Not Remove "Russia State-Controlled Media" Label from Maffick's "In the Now," "Waste-Ed," and "Soapbox" Pages
"In effect, Maffick contends that it is likely to succeed on the merits because its CEO says so. That is far from enough to establish a likelihood of success on the merits, particularly in light of the largely undisputed counter-evidence Facebook tendered."
8th-Grader Suspended for "Search[ing] for Inappropriate Topics," Such as "Worst WWI Gun"
Fortunately, the N.Y. State Education Department has now reversed the decision, which had been made by the Valley Central School District (about 70 miles north of New York City).
FOSTA Is Unconstitutional, Argue Sexual Freedom Advocates and First Amendment Lawyers in New Motion
Plus: People have doubts about democracy, Washington state sues Juul, and more...
"Some [Academics] Fear for Their Career Because They Don't Believe Progressive Orthodoxies"
From Prof. John McWhorter (Columbia) in The Atlantic.
Right of Publicity Lawsuit by Alleged "Pantless Couponer" Dismissed
“Just because the story and the photograph may be embarrassing or distressful to the plaintiff does not mean the newspaper cannot publish what is otherwise newsworthy.”
Trying to Unseal Affidavit and Block Pseudonymity in Cincinnati Police Officer Libel Case
The Cincinnati Enquirer and I have just filed a petition seeking this, in the Ohio Court of Appeals.
New Jersey Mayor Bills Teen Protest Organizer for Police Overtime Pay
Plus: Congress to vote on marijuana decriminalization, tech visas are getting turned down at high rates, and more...
Should Universities Recommend (or Demand) Epithet Filtering on Students' and Professors' Internet Devices?
A thought experiment that came to my mind; I'd love to hear what others think about it.
The Controversy Over Quoting Racial Epithets, Now at UC Irvine School of Law
Plus a new draft law review article on the subject, by Prof. Randall Kennedy (Harvard Law School), a leading scholar of race and the law, and me.
