The First Amendment and the Specific Preliminary Injunction
I'm continuing to serialize my forthcoming Penn Law Review article on Anti-Libel Injunctions.
Free Speech
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.
Rep. Devin Nunes Suing Tweeters for "Insulting Words," Claiming the Insults Caused $250M of Damage to Him
This is besides the libel claims he is bringing against them; highly insulting Tweets, he argues, are "fighting words" and thus punishable under Virginia law.
Rep. Devin Nunes's $250M Lawsuit Against Twitter Will Go Nowhere
The defamation (and negligence) claims against Twiter are blocked by 47 U.S.C. § 230.
Devin Nunes Milks Fake Cow Account on Twitter For Nonsense Lawsuit
Plus: SCOTUS declines Hawaii lesbian case, UC stands by professor in free speech standoff, and ACLU warns of "privacy Trojan horse."
Montana Criminal Libel Statute Struck Down
The statute doesn't require that the defendant knew the statement was false or likely false, and is thus inconsistent with Supreme Court precedent.
Trump Keeps Wondering Why People Are Allowed to Make Fun of Him on TV
The "equal time" rule does not mean what the president thinks it means.
A Tattooed Libertarian on the Arizona Supreme Court: Clint Bolick's Long Fight for Freedom
Q&A with the co-founder of Institute for Justice about immigration, his legal philosophy, his battles with Sheriff Joe Arpaio, and that tattoo.
The U.S. Must Stop Supporting War in Yemen, Says Senate
Plus: a Rand Paul add-on makes sure measure doesn't inadvertently authorize new wars, Dick's stores are dropping guns, campus art controversy, and good 8A news
Free as a Bird: Showing Middle Finger to Police Officer = Constitutionally Protected Speech
Every reasonable officer should know that, says the Sixth Circuit.
Maybe Now We Can Finally Read This Star Trek/Dr. Seuss Mash-Up
Federal judge's ruling in a fair-use lawsuit "is a big win for the First Amendment."
Facebook Had Every Right to Reject Elizabeth Warren's Crappy Ad
Nobody in the media should be supporting an elected official trying to control what speech online platforms allow.
Expedited Appeals of Anti-Libel/Anti-Harassment Injunctions
If your client has been ordered not to say things about someone, here are the precedents supporting your right to an expedited appeal.
The E.U. Wants to Censor 'Terrorist Content' Online. What Could Go Wrong?
There's no room for errors and online platforms face huge fines, likely encouraging overly broad takedowns.
Yes, You Can Get Kicked Off Twitter for Saying 'Learn To Code'—Even If It's Not Harassment
"I'm more confused than angry about all of this."
Florida Bill Would Make It a Crime for Minors to Post Pictures of Guns on Social Media
Clearly unconstitutional, of course.
When the Fat Lady's Cat is Singing to the Genie, and the Bottle Has Fallen Out of the Bag …
An interesting decision called United States v. Suppressed.
No Preliminary Injunctions Against Libel
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.
23-Year-Old Coleman Hughes Is Reframing the Discussion on Race: Podcast
Meet the undergrad who is recovering the legacy of gay, socialist civil-rights activist Bayard Rustin while explicating Kanye West's conservatism.
Securing Free Speech on Campus, Part II
Universities should be proactive about articulating, defending and protecting the free exchange of ideas on campus
Securing Free Speech on Campus, Part I
If universities do not take steps to address their campus free speech problems, politicians will do it for them
Colorado and Baker End Fight Over Whether He Can Be Forced To Make a Transgender Cake
Both sides agree to stand down. First Amendment precedents were on the baker's side.
Sen. Josh Hawley Rails Against 'Big Tech,' Anti-Conservative Bias, and Section 230
"Google and Facebook should not be a law unto themselves. They should not be able to discriminate against conservatives."
