Section 230 Is the Internet's First Amendment. Now Both Republicans and Democrats Want To Take It Away.
From Josh Hawley to Kamala Harris, online free speech is under attack.
Free Speech
Tulsi Gabbard's $50 Million Lawsuit Against Google Is Another Attack on Online Free Speech
The presidential hopeful alleges the company violated her First Amendment rights when it suspended her campaign advertising site for 6 hours.
CBS News Story on Forged Court Orders Aimed at Vanishing Posts from Google Searches
"I'm trying to figure out how the same links that are in this contract that you were paid $7,500 to remove end up in a fake court order with the client's name?"
Employment Discrimination Plaintiff Can't Get Case Sealed After Settlement
Stephanie Gilliard argued "that offers of employment have been rescinded after Google searches of her name revealed the events of this case, namely her surreptitious recordings of her co-workers."
The Justice Department's 'Big Tech' Antitrust Investigation Is Unnecessary Political Theater
Both Democrats and Republicans are cheerleading for government action against Facebook, Google, Amazon, and the rest, but Americans should be skeptical.
The Erica Thomas Incident Wasn't National News, But That Never Stops Our Outrage-Hungry Media
A trivial encounter between two irate grocery shoppers becomes a viral story, then a hate hoax.
New Chick-fil-A Law Reveals Texas Politicians' Hypocrisy on Corporate Speech
Fans of the state's new Chick-fil-A law should take a look at the anti–Boycott, Divestments, and Sanctions law.
Trump's Message: If You Hate Me, You Hate America, and You Should Leave the Country
Lindsey Graham, who once called Trump a "race-baiting, xenophobic, religious bigot," seems to agree.
Doe v. Doe Libel Lawsuit Over Allegations of Sexual Misconduct by a Business Executive
Unsurprisingly, the exact allegations that are said to be libelous don't appear in the complaint.
Joy Behar Has No Idea What the ACLU Does or That Hate Speech Is Protected Under the First Amendment
Donald Trump is far from the only person who doesn't understand the Bill of Rights.
Judge Rules Florida Can Require a License To Give Out Diet Tips
No diploma, no making money telling people how to eat better.
Dennis Prager, Who Boasts 1 Billion Video Views a Year, Decries YouTube 'Censorship'
The pundit made the claim at a Senate hearing on allegations of tech censorship against conservatives.
N.Y. Court Refuses to Enjoin Allegedly Libelous Speech About Chinese Official
The plaintiff, Yan Huang, is vice minister of China's Ministry of Housing and Urban-Rural Development. Defendant, Wengui Guo, who also goes by Miles Kwok, has been described as a "renegade Chinese billionaire," who fled China and now lives in New York.
John Paul Stevens Was a 'Liberal Champion,' Except When He Wasn't
The late Supreme Court justice was an inconsistent defender of civil liberties.
How Justice John Paul Stevens Shaped—and Misshaped—American Law
The retired Supreme Court justice has died at 99.
The Folly of Government-Imposed Social Media 'Neutrality'
Trump supports a bill that would encourage censorship in the name of free speech.
How 'Ag-Gag' Laws Stifle Free Speech
The government shouldn't pass special laws that prevent people from revealing what's true.
Stossel: No Filming on Farms
Farm groups get politicians to pass laws against secret filming on farms.
Texas Court Rejects Once-Suspended Doctor's Lawsuit Over Reporting of the Suspension
Dr. Calvin Day had claimed that describing his suspension as based on "unprofessional conduct" was libelous. (He had also earlier sought to get dismissed criminal charges expunged, and tried to bind local news outlets to the expungement order.) He lost, and was ordered to pay over $80,000 in attorney's fees.
Activists Demand Firing of Feminist Grad Student for Criticizing the Transgender Movement
UC–Santa Barbara's Title IX office is "aware of this matter and actively engaged in a response."
Court Refuses to Issue Gag Order and Sealing Order in Sexual Harassment Suit Against YMCA of Pikes Peak
(Disclosure: I had filed an objection, on my own behalf, to the motion to seal.)
Another Study Finds Trigger Warnings Are Useless, or Even Harmful
A scientific consensus has emerged that trigger warnings just don't work—and student activists should stop demanding them.
"Once the Cat Is Out of the Bag, the Ball Game Is Over."
More than just a mixed metaphor -- it's a legal doctrine.
Backpage Prosecutors Want to Seize Assets First, Answer Questions Later
Aggressive asset forfeiture collides with First Amendment rights.
Donald Trump Doesn't Think 'the Mainstream Media Is Free Speech'
At his social media summit on Thursday, the president ranted incoherently about the media's "crooked," "dishonest," and "dangerous" speech.
The End of the Free Internet Is Near
The idea that the internet should enjoy minimal government oversight precisely because it was a technology that enabled open and free speech for everyone has been turned on its head.
Trump Is Hosting a Very Weird Social Media Summit at the White House
Plus: Air-launched rockets, the GOP becomes the party of Trump, and Pelosi feuds with AOC.
Google Told Employees to Delete Politically Incorrect Language From Code
"The cost of not doing this is the harm done to other Googlers every time they encounter these terms," says the company's diversity and inclusion team.
Limits of "Revenge Porn" Laws
An interesting D.C. trial court decision from last year, involving an image of nudity submitted as part of a court case.
Trump To Convene 'Social Media Summit' Over Accusations of Anti-Conservative Bias
The president invited Republican lawmakers as well as social media stars who claim that tech giants are suppressing free speech.
Two Lawsuits Argue That Alexandria Ocasio-Cortez's Blocking of Twitter Critics, Like Trump's, Violates the First Amendment
The New York congresswoman's use of Twitter seems similar to the president's in constitutionally relevant ways.
A Mural Quoting Trump at His Most Profane Is Protected Speech, Judge Rules
New Orleans can't use zoning regulations to decide what counts as artistic expression.
Man Sues Anti-Homosexuality Group for Libel, Loses, Unsuccessfully Tries to Seal Court Opinions
The plaintiff had pleaded guilty to, among other things, having sex with a minor (apparently when he was 21 and the minor was 15); the alleged libel stemmed from, among other things, reports of that crime.
New Orleans Mural Ordinance, Which Regulates "Works of Art," Is Unconstitutionally Vague
So a district court held today.
@RealDonaldTrump and Twitter: Public Forums and Private Architecture
Today’s decision fits awkwardly with a usual element of a designated public forum – that the government has created rules allowing for open discourse and is thus bound by those rules.
The Backlash Over The Little Mermaid Casting a Black Ariel Is Fake News
Few people who tweeted #NotMyAriel were actually upset about Halle Bailey portraying the mermaid princess.
2nd Circuit Agrees That Trump Cannot Constitutionally Block Critics on Twitter
The court says the "interactive space" created by his account is a public forum, meaning that the president's viewpoint discrimination violates the First Amendment.
Second Circuit: Unconstitutional for @RealDonaldTrump to Block Twitter Users Based on Viewpoint
The reasoning would apply to other politicians' accounts that are seen as "official" rather than personal, and to accounts that are run by government entities (such as school boards) rather than individual politicians.
An Iowa Man Wins His Free Speech Suit After Being Charged for a Facebook Rant Against a Cop
Jon Goldsmith was charged with third-degree harassment after calling Deputy Cory Dorsey a "stupid sum bitch" online.
Sealing Records of a Teacher's Prosecution for Sexual Conduct with Underage Students?
An interesting Massachusetts decision from a couple of months ago, upholding a trial court's refusal to seal under such circumstances.
Is Wrongful Search Engine Optimization a Tort?
An anonymous lawsuit claims that it's tortious to try to artificially boost the prominence of an embarrassing article.
"Prominent Pornography Researcher Frames Defamation Claims As Sexual Harassment, Prompting a Defamation Suit by Her Target"
An academic debate turns into professional and legal accusations.
Because Politicians Are for Sale, They Think Everyone Else Is Too
Sen. Josh Hawley (R–Mo.) has proposed a dreadful bill that would give the government control of internet content. He thinks the only reason anyone could be opposed is because they've been bought off.
Prominent Pornography Researcher Frames Defamation Claims As Sexual Harassment, Prompting a Defamation Suit by Her Target
Nicole Prause and Donald Hilton, longtime opponents on the subject of pornography, are now facing off in court.
First Amendment Likely Bars Arizona's Withdrawal of Tax Benefits to Nike Over Betsy Ross Sneaker Controversy
The Supreme Court has held that the government generally may not terminate contracts with contractors based on their constitutionally protected speech; the same likely applies to financial incentives..
No Preliminary Injunction, No Pseudonymity, No Sealing in Internet Libel Case
That's what a New York trial court decision just posted online today held -- correctly, I think.
