Another court opinion reinforces this principle -- even if repetition of libelous statements can be forbidden after a trial on the merits at which the statements are found libelous, it can't be preliminarily enjoined before such a trial.
Meet the undergrad who is recovering the legacy of gay, socialist civil-rights activist Bayard Rustin while explicating Kanye West's conservatism.
Universities should be proactive about articulating, defending and protecting the free exchange of ideas on campus
If universities do not take steps to address their campus free speech problems, politicians will do it for them
Both sides agree to stand down. First Amendment precedents were on the baker's side.
"Google and Facebook should not be a law unto themselves. They should not be able to discriminate against conservatives."
When absurd ghost stories are passed off as actual journalism
Yes, said an Ohio Court of Appeals majority opinion, reasoning that the speaker's past speech "was not engaged in for a legitimate reason, but instead for an illegitimate reason born out of a vendetta seeking to cause mental distress to his mother and sister and to exact personal revenge." No, argue the EFF, Prof. Aaron Caplan, and I in a brief we've just filed with the Ohio Supreme Court.
Fortunately, the California Court of Appeal has just reversed the decision, on First Amendment grounds.
Nick Gillespie is interviewed by Spiked's Brendan O'Neill about the Enlightenment, free speech, and crony capitalism.
So holds the Kansas Court of Appeals, in reasoning that applies equally to any clothing that displays a message; the defendant in this particular case was on trial for setting fire to a truck that was displaying Confederate flags.
So a federal district court in Washington just concluded, about a Washington statute that criminalized "anonymous or repeated" speech intended "to harass, ... torment, or embarrass."
After a harm reduction advocate slammed a hardy but misleading factoid, users who retweeted his message complained that they had been shadowbanned.
"Encouraging violence"
A teenager wrongly accused of harassing a Native American activist sues The Washington Post for $250 million.
But what she did wasn't actually illegal.
Please share it widely -- there will be at least nine more in the upcoming months.
Sex, publishing, and quasi-legal theft collide in the Backpage prosecution.
First Amendment limitations on libel and other torts are complicated
Episode 2 of Free Speech Rules by UCLA Law Professor Eugene Volokh
Here's how to navigate America's newest ritual.
If its recent record is any indication, Winston Churchill might have been wrong about democracy.
The media are supposed to fight censorship. But to protect their financial interests, some European publishers want to mandate it.
Jonathan Rauch says that the fatwa against The Satanic Verses author ushered in a new age of intolerance.
Jessica Rosenworcel overlooks the statutory and constitutional obstacles to her plan.
As the lawsuit against FOSTA hits appeals court, three essays about the law that everyone should read.
"Defendant shall not post on the internet ... any information whatsoever regarding William Siegle."
Three cases, including the two leading Michigan precedents on the First Amendment and restraining orders, are invisible to lawyers who rely on Westlaw. Lexis is also missing two of the three, but it's changing its policies to include them. And a federal statute is behind this.
But the new ordinance violates the First Amendment, because it tends to deter (and deliberately so) association with an advocacy group.
The decision rejects driver's licenses labeled "CRIMINAL SEX OFFENDER" and a broad demand for reports on internet use.
Zillow has no obligation to take down (or revise) property value estimates to which the property owners object.
Plus: Rapper 21 Savage released from ICE custody and more details on how Homeland Security scammed immigrant students
The Fourth Circuit rejects a challenge to a history class being shown a slide stating "Most [Muslims'] faith is stronger than the average [Christian's]," and being required to fill in the blanks in "There is no god but __ and Muhammad is the __ of Allah," as part of a worksheet on the "Five Pillars" of Islam.
The order, entered under the Illinois Stalking No Contact Order Act, barred Chester Wilk from "communicating, publishing or communicating in any form any writing naming or regarding [Pastor Eric Flood], his family or any employee, staff or member of the congregation of South Park Church in Park Ridge."
A judge "issued an interim injunction that bans [Kate Scottow] from posting any personal information about [Stephanie] Hayden on social media, 'referencing her as a man' or linking her to her 'former male identity.'"
Plus: Klobuchar and Warren join Democrat 2020 contest and AOC retracts "Green New Deal" draft.
When is a threat to reveal something embarrassing blackmail, and when is it permissible? Plus a special Bill Cosby (but non-sexual-assault) connection.
Plus: Nancy Pelosi on the "Green New Deal"; John Boehner, cannabis lobbyist
But the Nevada State Athletic Commission is considering restricting speech after taunts spark a brawl
How big hotel chains became arms of the surveillance state.
Plus: Author Zadie Smith talking cultural appropriation, and Budweiser versus Big Corn
Don Lichterman was convicted of forgery; I wrote about it. Someone using his name tried to get Google to vanish my article; I wrote about that. Now someone is trying to get Google to vanish that later article -- and to vanish online court records that refer to Mr. Lichterman's case.
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