Free Speech
Brett Kimberlin (Speedway Bomber) Loses Attempt to Vacate Long-Past Convictions
Kimberlin is also known for having accused Dan Quayle of having bought marijuana from him, and has since become a frequent litigant, including against bloggers Patrick Frey (Patterico), Aaron Walker, and others.
"Once the Cat Is Out of the Bag, the Ball Game Is Over"
It's often very hard to get court filings retroactively sealed.
Interesting Official Privilege Case,
stemming from a dispute about picketing and open carry.
'Conservatives Will Cease To Exist Online': CPAC Speakers Fret About the Tech Bogeyman
Some panelists at the conservative conference want to give the government more power over social media.
A New Book Reveals Facebook's Problems Started Way Before the 2016 Election
In Facebook: The Inside Story, even Steven Levy’s most generous conclusions about the tech giant are still pretty damning.
YouTube Isn't Bound by the First Amendment
So the Ninth Circuit correctly (and unsurprisingly) holds in Prager University v. Google.
PragerU's Attempt To Violate YouTube's 1st Amendment Rights Shot Down By 9th Circuit Court of Appeals
The conservative nonprofit Prager University alleged the company should not be allowed to place its videos on "Restricted Mode."
Taylor Lorenz Makes Sense of Online Culture for the Rest of Us
The New York Times technology reporter is revealing how social media is encouraging individual expression.
Supreme Court Weighs Free Speech and the Right to Encourage Illegal Immigration
The justices heard oral arguments this week in United States v. Sineneng-Smith.
Profs. Dorf & Koppelman on Anti-BDS Laws
A couple of posts prompted by an error (since corrected) in an article that cited our brief.
Connecticut Commission Opposes Repeal of "Racial Ridicule" Law
"At a time when hate and bias incidents are on the rise, it is crucial that the state not remove these types of prohibitions that deter or punish this unacceptable behavior."
Twitter's New 'Deceptive Video' Labeling Plan Immediately Abused To Attack a Silly Joke Ad from Bloomberg
Nobody is being misled by this obviously joking debate clip. But this sort of ginned-up outrage will be used to target political opponents.
Newspaper Lobbyists and Encryption Foes Join the Chorus Against Section 230
How the press learned to stop worrying and love censorship.
The First Amendment Right To Encourage Illegal Immigration
What’s at stake in United States v. Sineneng-Smith.
Congressional Candidate Ordered Not to Repeat Charges That Her Opponent Abused His Wife
A clear constitutional violation.
Ohio University's Radical Students Could Have Ignored Kaitlin Bennett. Instead, They Threw Liquids At Her.
The mob strategy is morally and practically flawed.
No Belated Sealing of "Central" Information in Professor's Race Discrimination Suit
The lawsuit had been filed against the University of Colorado; the Scheduling Order, which the professor had sought to seal, referred to allegations of improper conduct on the professor's part.
Does South Park Encourage Political Apathy and Moral Superiority?
Critics say the long-running satiric cartoon has created "a generation of boys" who are smug and disengaged.
Are Laws Requiring Lawyers to Join (and Fund) State Bar Associations Unconstitutional?
In Janus, the Court rejected requirements that government employees pay dues to unions; now the question before the Court is whether this applies to mandatory bar membership (and bar dues).
U.K. 'Celebrates' Its New Freedom From the E.U. by Pushing Massive Online Censorship Orders
Government wants to force social media platforms to accept a “duty of care” to protect users from whatever they deem harmful.
No Sealing + Harsh Words About Employer-Mandated Arbitration in Doordash Case
"The district court should not be a party to concealing this information from the public, especially as it concerns an arbitration organization that holds itself out to the public as impartial. These documents would be useful to the public in evaluating the true extent to which the organization is impartial."
"Judge Who Sealed Documents Relating to Her Home in Beach Community Gets Reversed by Appellate Court"
An update on that Connecticut unsealing case.
Georgia Can't Compel School Speakers To Promise They Won't Boycott Israel, Argues New Federal Lawsuit
Plus: Sanders tops Biden in new national poll, how federal housing policy is getting families evicted, and more...
@UnsealieCourt, a New Twitter Feed for News About Public Access to Court Records
(and perhaps to other government records).
Last Monday: Second Circuit Fair Use Day (Drake + Sargon of Akkad)
Four Second Circuit judges gave fair use victories (separately) to rapper Drake and blogger Sargon of Akkad, concluding that defendants' uses of plaintiffs' work to comment on it and criticize it were fair use and thus not copyright infringement.
Kesha Defamed Former Producer in Private Text to Lady Gaga About Rape, Says Judge
Plus: Maybe Buttigieg didn't win Iowa? Vermont considers decriminalizing prostitution. Customs and Border Protection gets a status change. And more...
Alexander Hamilton's Influence on Free Press Law: Free Speech Rules (Episode 10)
Episode 10 of Free Speech Rules, a video series by UCLA law professor Eugene Volokh
Meet Titania McGrath, the Wokest SJW on Twitter
"Say what you will about ISIS but at least they're not Islamophobic." Journalist Andrew Doyle has created the ultimate parody account.
Judge Orders Heavy Redaction of Motion to Recuse
If a motion to recuse argues that the judge has a conflict of interest because she owns particular property, can the judge order the redaction of all the details related to the location of the property?
Elizabeth Warren Absolutely Wants the Government To Punish Facebook for Spreading Disinformation
"We need to stop this generation of big tech companies from profiting off of lies to the American people," the candidate told PEN America.
This Crackdown on a Jury Nullification Activist Violates the First Amendment
What’s at stake in Michigan v. Wood
Divorcing Spouses Forbidden from "Disparaging" Each Other to Their Employers
A clear First Amendment violation, I think -- but it's the law in Tennessee.
Lindsey Graham Wants to Use Mistrust of Big Tech To Destroy Your Right to Online Privacy
Online platforms would have to "earn" speech protections by compromising encryption—all in the name of fighting child porn.
What the Porn Industry Thinks of the New War on Porn
GOP attacks on internet smut are heating up, but the porn industry has more practical threats to worry about.
Citing National Security, the Trump Administration Says John Bolton Can't Publish His Book
The attempted muzzling of the former national security advisor is dubious.
Elizabeth Warren Wants To Make It a Crime To Give Out Fake Info About Voting
When politicians call to punish “disinformation,” we should worry about what that definition encompasses.
Panic About Peaceful Protest Reveals Gun Controllers' Bigotry
Erroneous predictions of violence at the Richmond rally conflated civil libertarians with militant racists.
Journalists Might Be Felons for Publishing Leaked Governmental "Predecisional Information"
That's the logical implication of a recent Second Circuit panel decision (though one involving a non-journalist).
First Amendment Challenge to Restrictions on Use of Falcons in Videos and Commercials
A federal court has allowed the case to go forward, and is considering whether to preliminarily enjoin the restrictions.
