The University of Tennessee Nearly Expelled a Student for Racy Tweets, Now Agrees To Pay Her $250,000
The settlement vindicates Kimberly Diei's First Amendment right to comment on sexually explicit rap songs without suffering government retaliation.
Free Speech
Trump "Global Gag Rule" as to Abortion Likely Doesn't Violate the First Amendment
That's because it apparently covers only grants to foreign organizations operating abroad, and a 2020 Supreme Court decision generally held that the First Amendment doesn't apply in such situations.
Settlement in Heartbeat of Miami v. Jane's Revenge Pro-Life Pregnancy Center Vandalism Lawsuit
The settlement of the civil case follows guilty pleas or convictions in related criminal cases.
Mother Convicted of "Unlawful Posting of a Message" for Website Sharply Criticizing Woman Who Accused Mother's Son of Rape
The Michigan Court of Appeals just upheld the conviction, under a statute that requires showing of purpose to (among other things) "harass[]" or "molest[]," and reason to know that third parties would send the target unwanted and "harass[ing]" or "molest[ing]" messages. The statute doesn't require any showing that the accusations were false.
Devin Nunes Loses Defamation Appeal Against Ryan Lizza and Esquire
Nunes and his family's farm can't sufficiently show damages, so the court doesn't have to reach any of the other elements of defamation.
Trump's Orders Feature Nonexistent Emergencies, Illegal Power Grabs, and Blatant Inconsistencies
But at least he restored respect for a tariff-loving predecessor by renaming a mountain.
Rand Paul: Banning TikTok Is 'Group Hysteria'
"Every day I confront a bill that wants to ban another Chinese company," the Kentucky senator tells Reason.
State 'Bias Response Hotlines' Encourage People To Snitch on Their Neighbors for 'Hate Speech'
By the end of 2025, as many as 100 million Americans could live in a state where they can be reported for protected expression.
Calling Someone "White Supremacist" in Online Debate Is Opinion …
and thus not actionable defamation, unless defendant "implies undisclosed facts by insinuating that the plaintiff" engaged in specific racist acts or made (undisclosed) racist statements.
TikTok or Not, Americans Still Have a Right To Receive Communist Propaganda
A unanimous Supreme Court decision established as much in 1965.
"TikTok's Tech Partners Face Massive Legal Risks by Relying on Trump's Promises Not to Enforce the Ban Law, …
as courts rarely protect defendants who count on executive non-enforcement," writes Prof. Alan Rozenshtein (Minnesota).
Man Sues HBO, Claiming He Is the Pseudonymous Satoshi Nakamoto, Inventor of Bitcoin
But "[n]othing in Plaintiff's conclusory assertions suggest that Plaintiff could plead facts plausibly linking his identity with that of the pseudonymous Satoshi Nakamoto."
Hours After Going Dark, TikTok Is Back
The popular video app restored service in the U.S. after President-elect Donald Trump promised to postpone a federal ban.
"Another Email Account Impersonating a Banker Working for [Plaintiff] Invited … Recipients … to Join a Fictitious Neo-Nazi Banking Club"
One of many allegedly defamatory statements allegedly sent by a former summer intern at a financial company; the court holds a proposed preliminary injunction against future speech by defendant about plaintiff would be an unconstitutional prior restraint, but issues a narrower injunction.
Bill Maher's Saying Trump "Might Be" "Fucking" Republican Activist Laura Loomer Might Be Defamation of Loomer
A judge lets Loomer's defamation claim against Maher and HBO go forward.
Lawless IV: Leadership Failures Old and New
The pandemic showed the weakness of the leadership class. [UPDATE: Inadvertently posted it under my byline, but it's of course Ilya Shapiro's post, as the byline now reflects. -EV]
So…Is TikTok Really Getting Banned?
The Supreme Court appears poised to uphold a ban on the app, but many creators aren't so sure.
The Future of Online Porn Is At Stake Today
The Supreme Court is hearing arguments in a Texas case that could have major ramifications across the country—including, perhaps, the end of anonymity online.
Yes, Mark Zuckerberg, You Can Shout 'Fire' in a Crowded Theater
Anyone discussing free speech should at least try to get this right.
"Regulation of Algorithms" Panel at Federalist Society Faculty Conference,
featuring Prof. Saurabh Vishnubhakat (Yeshiva), Profs. Gregory Dickinson (Nebraska), Prof. Christina Mulligan (Brooklyn), Dhruva Krishna (Kirkland & Ellis), and me.
