Beyond the First Amendment: Anti-Libel Injunctions in States That Have Repealed Criminal Libel Laws
Even if injunctions against libel don't violate the First Amendment, should state courts still reject them on other grounds?
Free Speech
Nabbing Robert Kraft Helped Florida Prosecutors Get Headlines. Now Kraft and Other Orchids of Asia Customers Are Fighting Back
They're joined by an arrested spa owner and manager in fighting the release of surveillance video, with an array of big media companies on the other side.
The 26 Words That 'Created the Internet'—and Why They May Be on the Chopping Block
Legal scholar Jeff Kosseff wanted to write a "biography" of Section 230, the law that immunizes websites and ISPs from a lot of legal actions. He fears he has written its obituary.
Delaware Government Refusing to Allow "Illegal Pete's" as Corporate Name
Seems like a pretty clear First Amendment violation, even if the name is viewed as an offensive reference to illegal aliens (which the corporate owners apparently don't intend).
The Panic Over 'Social Media Addiction' Threatens Free Speech
Classifying heavy internet use as medical addiction leads to bad policy and inferior patient care.
Beyond the First Amendment: Anti-Libel Injunctions and Prosecutorial Discretion
Even if injunctions against libel don't violate the First Amendment, should state courts still reject them on state separation of powers principles?
The First Amendment and the Hybrid Preliminary Injunction
A relatively novel suggestion, aimed at providing libel defendants with the necessary First Amendment protections while still giving libel plaintiffs protection early in the litigation process.
Sri Lankan Government Blocks Social Media Access Over Alleged Fake News
Right after 290 people were killed in a series of Easter Sunday bombings
Crime to Tweet About People Intending to "Abuse" Them?
That's the legal theory behind a case just filed by prosecutors in Ohio.
The Limited Role of Mens Rea in Hybrid Anti-Libel Injunctions
I'm continuing to serialize my forthcoming Penn Law Review article on Anti-Libel Injunctions.
Middlebury College Disinvites Polish Politician Ryszard Legutko, Fails Free Speech Test Yet Again
Protesters said it was "absolutely, unequivocally" not their intention to shut down Legutko. The administration panicked anyway.
Restricting Injunctions to Libels on Matters of Private Concern?
Should the availability of anti-libel injunctions turn on the subject matter of the false and defamatory speech that's being enjoined?
The PTO's Prissy, Puzzling Rules for Registering Trademarks Are Fuct Up
The owner of a clothing line asks the Supreme Court to overturn the ban on "scandalous" trademarks because it violates the First Amendment.
The Supreme Court Declines to Hear the Case of a Rapper Convicted for His Anti-Cop Lyrics
The case drew support from rappers like Killer Mike, Chance the Rapper, and Meek Mill.
Prison Guards Are '#FeelingCute' About Threatening To Assault Inmates for No Reason
"Feeling cute, might just gas some inmates today, IDK."
'NSFW Advertising' Banned From Reddit
Subreddits on sexual themes will also be banned from running ads.
The First Amendment and the Hybrid Permanent Injunction
This is the key proposal from my forthcoming Penn Law Review article on Anti-Libel Injunctions -- a way of taming the anti-libel injunction to include important First Amendment procedural protections, but still allow its use to prevent genuine libels.
The Assange Exception to the First Amendment
Freedom of the press is not limited to "legitimate journalists."
Nancy Pelosi Declares a 'New Era' of Internet Regulation; E.U. Threatens Same
Nancy Pelosi wants to gut Section 230
How Specific Anti-Libel Injunctions Underprotect Speech
I'm continuing to serialize my forthcoming Penn Law Review article on Anti-Libel Injunctions.
Julian Assange Is a Better Journalist Than Many of His Media Critics
Journalism is at risk not just from government but from media types who see their jobs as protecting the powerful from embarrassment.
The First Amendment and the Specific Preliminary Injunction
I'm continuing to serialize my forthcoming Penn Law Review article on Anti-Libel Injunctions.
The ACLU Defends Gun Owners' Constitutional Rights, Except for the Second Amendment Right to Own Guns
The organization objects to gun restrictions only if they impinge on other constitutional provisions.
Punishing Assange Isn't Worth Killing a Free Press: Reason Roundup
Plus: Christians and bureaucrats versus Tarot in Virginia, and Democratic candidates on restoring voting rights to prisoners
The First Amendment and the Catchall Permanent Injunction
I'm continuing to serialize my forthcoming Penn Law Review article on Anti-Libel Injunctions.
'Nobody Wants To See a Government Speech Police': Senate Republicans Threaten To Regulate Facebook and Twitter
They say the social media companies display a bias against conservatives.
Internet Censorship Is Only for the Little People, French Edition
Censorship continues to be about empowering those in charge.
"Free Speech Rules," My New YouTube Video Series -- Episode 3 (Fake News) Now Out
Please share it widely!
The First Amendment and Criminal Libel Law
I thought I'd serialize my forthcoming Penn Law Review article on Anti-Libel Injunctions; here is the section on criminal libel law -- the article argues that anti-libel injunctions are like mini-criminal-libel laws.
Anti-Libel Injunctions and the Criminal Libel Connection
My new article, forthcoming in the University of Pennsylvania Law Review late this year -- I'd love to get feedback, while there's still plenty of time to edit it.
Will a Free Press Cheer on Government Censorship of the Internet?
Will a thirst to punish Silicon Valley destroy our liberty?
Brave Cops Pose With Drugs, 'Paraphernalia,' and a Single Confiscated $2 Bill
In a now-deleted Facebook post, Loudoun County deputies brag about a drug bust, get dragged, and likely don't learn any lessons.
Libel, Time, Brexit, and Monaco
An allegedly bogus dossier on plaintiff was sent by defendant to a third party in 2003 -- and then hit the news in 2017. Can plaintiff sue for libel?
Do You Wish the FBI Had Shut Down "Lock Her Up" Language Because It Was "Hate Speech"?
That's what Christiane Amanpour asked former FBI Director James Comey.
Libel Case with the Alleged Libels Under Seal
This violates the First Amendment and common law rights of access to court records, I think; Paul Alan Levy (Public Citizen) has just filed a motion to intervene and unseal in the matter (Shelby Resorts Corp. v. Does, in New Jersey Superior Court).
Arthur Brooks Wants You To Love Your Enemies: Podcast
The president of the American Enterprise Institute says we need to reboot politics and that libertarians may hold the key.
Hide Those Memes, Folks! Europe Passes Massive Online Copyright Changes That Will Lead to Censorship
Do you have a license to link to that story? Will your sexy Tinder photo get confused with a celebrity's?
Waiting-and-Seeing on the Trump Campus Free Speech Executive Order
It's an order to create policies, not a policy -- so it's hard to tell what it will do until we see what policies various departments create.
San Antonio Likely Violating Chick-Fil-A's First Amendment Rights
Its exclusion of Chick-Fil-A from the airport appears to be based on the viewpoint expressed by Chick-Fil-A and various organizations to which it donates.
Devin Nunes' Lawsuit Against Twitter Is an Attack on Every American's Right to Free Speech
Q&A with political strategist Liz Mair.
Incitement at 100 -- and 50 -- and Today, at Brooklyn Law School, April 12
A very interesting symposium, with (among many others) Floyd Abrams, Prof. Leslie Kendrick (Virginia), Nadine Strossen (former head of the ACLU), and more.
No, a Web Platform's Decision to Restrict Speech Doesn't Strip It of 47 U.S.C. § 230 Immunity
[UPDATE: Sorry, this was double-posted; please add any comments to the post above.]
Fight the Soft Totalitarianism of Social Media Cooperation with Government
With big tech helping government officials to control the sharing of information, we need to support alternatives to undermine their censorious efforts.
Rep. Devin Nunes Seeks Court Order Entirely Suspending @LizNair and Other Accounts
But courts can't order suspension of an entire account even if they find that some posts were libelous.
