Minneapolis Doctor Sufficiently Alleged Demotion Based in Part on Anti-Woke Speech in 2020

"Dr. Gustilo made ... posts ... concerning controversial political issues including presidential candidates, fascism, racism, police killings, Black Lives Matter, socialism, and COVID.... [She alleged she] 'also began to voice ... opposition to critical race theory ..., because CRT theorists “reject the principle of equality under the law” and “warn[ ] people of color against ‘internalized whiteness.’"'"

|The Volokh Conspiracy |

Challengers Have Standing to Challenge Connecticut "Harassment" Ban for Lawyers

The Second Circuit holds that the challengers sufficiently alleged that the ban is broad enough to cover their constitutionally protected speech (including speech that may offend some based on gender identity, race, religion, and more); the court didn't reach the question whether the ban actually violates the First Amendment, which the trial court will now have to take up.

|The Volokh Conspiracy |

Reference in Sentencing to Defendant's Disliking "Judeo and Christian Values Because They Are Good for Civilization" Didn't Violate the First Amendment

"[The] reference was made in the context of describing Melzer's and the O9A's views of those values to explain why, according to them, those values had to be defeated through violent conduct if their goal of chaos was to be achieved"; "the Order of the Nine Angels ('O9A')" "is a violent, white supremacist, neo-Nazi, Satanist, pro-jihadist group."

|The Volokh Conspiracy |

College Baseball Coach's Defamation Case, Alleging School Said He Was Fired Because He Acted in Racist Ways, Allowed to Go Forward

After the federal judge denied the university's motion for summary judgment, the case settled. Among other things, the judge concluded that allegations that a coach acted in a racist way were "defamation per se," so that plaintiff didn't have to show specific damages stemming from the allegations.

|The Volokh Conspiracy |

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