Free Speech
Florida Cops Arrest a 15-Year-Old Boy for Joking About Perpetrating a Mass Shooting
"Joke or not, these types of comments are felonies under the law," says the Volusia County Sheriff's Office
How I Was a Criminal Defendant in a N.J. Harassment Case
"Eugene Volokh told the police he refuses to leave me alone."
OK to Oppose Sealing of Court Documents Without Local Counsel
... if you're asserting your own rights of access (which all of us have) to court records.
Beto O'Rourke Proposes Plan to Punish Tech Companies for Failing to Censor Hate Speech
The move would violate the First Amendment.
"Right to Be Forgotten" as to Court Opinions Rejected …
... by a federal district court decision yesterday, in a case brought by a pro se litigant in New Jersey.
The Government Wants a 'Red Flag' Social Media Tool. That's a Terrible Idea.
The FBI is looking for companies to comb through social media posts and pinpoint possible threats ahead of time. Think of it like a meme-illiterate Facebook-stalking precog from Minority Report.
Kamala Harris Promises To 'Disarm Violent Hate' by Seizing Guns From Bigots
The Democratic presidential contender suggests that "racist threats or anti-immigrant manifestos" could justify federal gun confiscation orders.
Calling Informants "Snitches" May Be a Federal Felony
That's so regardless of whether the statement is seen as a true threat or incitement—and it applies to any "harmful" speech "inten[ded] to retaliate" against anyone giving law enforcement "any truthful information" related to a federal crime.
The U.K. Banned a Cream Cheese Commercial and Car Commercial Due to Gender Stereotypes
The ads are the first to be banned since the new law went into effect in June.
Why Governments Should Not Bar Entry Based on Political Views
Israel's decision to bar two US members of Congress from entering the country is part of a much broader problem. Many nations, including the US, have similar policies. Here's why such restrictions should be abolished.
Is YouTube Discriminating Against Both Conservatives and LGBT Videos? Two Lawsuits Say Yes.
Trying to get the government involved in what sort of videos online platforms promote or hide is going to end badly.
James Alan Fox: There Is No Evidence of an 'Epidemic of Mass Shootings'
The nation's leading scholar of mass shootings explains how media coverage of horrific events such as El Paso and Dayton stoke unwarranted fear and anxiety.
Florida Senate Member Gets Restraining Order Against Critic
Fortunately, the Florida Court of Appeal has just reversed.
Restraining Order Issued to Ban Unwanted Contact with Mayor by City Commission Candidate
... vacated by the Michigan Court of Appeals.
Democrats Join Trump in Seeking Balance by Policing Speech
The constitutional amendment they support, like the president’s plan to regulate social media, trusts the government to moderate our political debate.
Libel Lawsuit Dismissed Under "Fugitive Disentitlement" Doctrine
The doctrine originated in criminal appeals by defendants who were fugitives, but it can also apply to civil cases -- here, where the federal court plaintiff has absconded with her and defendant's children in violation of a state court order.
Every Democrat in the Senate Supports a Constitutional Amendment That Would Radically Curtail Freedom of Speech
The Democracy for All Amendment aims to mute some voices so that others can be heard.
Hong Kong Cops Beat and Blind Protesters As PRC Sends Trucks and Tanks to the Border
Nine people were injured during the weekend's protests in Hong Kong, including one woman who might be permanently blind after a violent encounter with the police.
Texas Appellate Court Strikes Down Electronic Harassment Statute
The ban on online speech intended to and reasonably likely to (among other things) "annoy," the court says, is unconstitutionally vague and overbroad.
Trump's Social Media Executive Order Would Let Unelected Bureaucrats Police Online Speech
It would essentially be a Fairness Doctrine for the internet.
No Probable Cause Required for Cops To Access User Data From Popular Apps
Only three states require police to obtain a warrant before requesting private user data from companies.
Senate Democrats Back Constitutional Amendment to Undo Citizens United
Plus: Marijuana banking, suing Facebook, and more...
A Tip for People Who Seek to Seal Court Filings
Avoid motions "for Leave to File Under Seal Any and All Documents and Depositions Cited in Support of Any Motion, Response, Reply, or Appendix Filed by the Plaintiff/Counter-Defendant."
Neighbors Claim Los Angeles 'Emoji House' Is 'Bullying,' Demand New Rules Against Murals
Owners painted the house bright pink and added two funny emojis after neighbors complained about illegal Airbnb rentals.
6 Terrible New Tech Bills in Congress
While expressing concern for free speech and privacy, lawmakers are seriously threatening both.
Rep. Joaquin Castro's Doxxing of Trump Donors in His District Has Flipped the Campaign Finance Discourse on Its Head
Political donations are made public so that citizens can hold politicians accountable, not the other way around.
Free Speech on the Internet Continues to Confuse Everyone
Plus: 8chan called before Congress, data privacy bill hits a snag, and more...
Court Overturns Fordham's Decision Not to Recognize Students for Justice in Palestine Chapter
Though Fordham is a private university, under New York law private university decisions that violate the universities' own stated rules may be set aside by a court.
Sarah Palin's Libel Case Against New York Times Can Go Forward
So holds a Second Circuit panel this morning.
How Libertarians Should Respond to Mass Shootings
Plus: the budget deal, GOP retirements, and the latest front in the trade war.
Cloudflare, Not the Government, Should Decide Whether It Wants to Do Business with 8chan
Companies should forced neither to help spread offensive speech nor to suppress it.
After El Paso and Dayton Shootings, Threatened Crackdowns on Guns, Immigrants, and Internet Speech
Plus: the trouble with "national conservatism," the decline of the mortgage interest deduction, and more...
Everyone Has a Right to Call Politicians "Idiots" …
... no matter the politician's race, sex, or religion, and no matter whether the speaker owns a gun store.
University of Florida Settles Lawsuit With Conservative Student Group
The suit came after the school denied funding to bring Dana Loesch and Andrew Klavan to campus.
Kevin Williamson on How Mob Politics Got Him Fired from The Atlantic
He was hired to bring ideological diversity to The Atlantic and fired days later for being heterodox. He's not a fan of Donald Trump but finds his critics just as bad.
Is Money Speech? Free Speech Rules (Episode 5)
Episode 5 of Free Speech Rules, from UCLA law professor Eugene Volokh
Penn Law Should Not Fire Amy Wax
The professor's immigration views are wrong, but removing her would compromise academic freedom.
Josh Hawley Wants to Ban YouTube's Autoplay Feature in the Name of Fighting Social Media Addiction
The Missouri senator thinks wasting time on Instagram is a problem so big that only the federal government can solve it.
Cops Can't Take a Joke? The First Amendment Doesn't Care
Plus: Behind the bipartisan war on internet speech, New York "decriminalizes" pot (but you'll still get fined), and more...
Nieves v. Bartlett and Allegedly Retaliatory Arrests Based on Speech Alone
The Sixth Circuit suggests an important limit on the Supreme Court's Nieves precedent, though it doesn't decide the question.
Laws Banning "Impair[ing] the Functions of any Police … Operations"
The Sixth Circuit expresses concern that such bans may be unconstitutionally vague or overbroad.
The First Amendment and a Parody of a Police Department Web Page
The parodist was arrested for "unlawfully impair[ing] the department's functions," but was acquitted; the Sixth Circuit just let the parodist's lawsuit against the city proceed.
The Dismissal of Nicholas Sandmann's Lawsuit Shows There's a Difference Between Unfair Press Coverage and Libel
While the teenager has a legitimate beef about coverage of his encounter with Native American activist Nathan Phillips, that doesn't mean he has a legal cause of action.
