A Bad Year for Drag Queen Foes
New anti-drag laws were deemed unconstitutional in every state where they were challenged this year.
Free Speech
Fifth Circuit Rejects Younger Abstention Claim by Prosecutor Seeking to Prosecute Netflix for Airing "Cuties"
A rare federal court decision denying Younger abstention.
First Amendment Likely Protects Even Unlicensed Engineers' Right to Provide Expert Opinion in Government Proceedings
(Note that the court dealt with a professional licensing board's threat of punishment for such engineers; it doesn't deal with the separate question whether a government body may refuse to accept testimony from an unlicensed expert.)
Tweet Accusing Man of Rape Led to Gag Order Against the Accuser
The trial judge concluded the Tweet was “harassment by defamation.”
Social Media Censorship and The First Amendment
Stanford's Jay Bhattacharya debates St. John University's Kate Klonick on the federal government's role in social media censorship.
Nirvana Nevermind Cover Baby's Child Pornography Lawsuit Isn't Barred by Statute of Limitations,
the Ninth Circuit rules, though expressly noting that "The question whether the Nevermind album cover meets the definition of child pornography is not at issue in this appeal."
#TheyLied Libel Lawsuit Over Allegations of Sexual Harassment Can Proceed,
recommends a Magistrate Judge, in a case brought over defendant student organization chair's claims that plaintiff had engaged in "sever[e], consisten[t], and widespread" misbehavior.
Was the Capitol Riot an 'Insurrection,' and Did Trump 'Engage in' It?
The Colorado Supreme Court's reasoning in deciding that Trump is constitutionally disqualified from running for president seems iffy.
Stella Assange: Why Isn't Julian Assange a Free Man?
Stella Assange discusses the imprisonment of her husband on the third episode of Just Asking Questions.
The Flimsy RICO Case Against Atlanta's Cop City Protestors
Law enforcement officials appear to have tarred ad hoc bands of protesters as members of an organized criminal movement.
Libel Suit Terminated Because of Plaintiff's Discovery Misconduct
The flip side of what happened with defendant-side discovery misconduct in the Rudy Giuliani and Alex Jones cases, though with much smaller stakes.
Substackers Battle Over Banning Nazis
Some Substack writers are pressuring the platform to change its moderation policies. Others are urging Substack not to listen.
COVID Lockdown Violation Conviction Reversed, Based on N.J. Policy Exempting "Political Activities"
Defendant was "walking along the highway holding up signs to passing motorists stating 'PHUCK,' '#THIN BLUE,' and 'Slow Down Police Ahead.'"
Video Shows Vermont State Trooper Arrest Man for Flipping Him Off
FIRE and the ACLU of Vermont are now representing the man in a free speech lawsuit.
Social Media Censorship: Jay Bhattacharya vs. Kate Klonick
Stanford's Jay Bhattacharya debates St. John University's Kate Klonick on the federal government's role in social media censorship.
If Colleges Ban "Advocacy of Genocide," What Would That Mean for Speech Supporting Israeli Actions in Gaza?
Most 18-to-24-year-old registered voters, a recent poll reports, view Israel's actions as "genocide."
This NRA Supreme Court Case Has Big Implications for Porn
The ACLU will represent the gun rights group in a case with widespread relevance for free speech.
Brooklyn College Forced a Student To Take Down Anti-Israel Signs While Leaving Other Posters Untouched
A graduate student was forced to take down two pro-Palestinian signs from the door of her art studio, but others were allowed to keep up their own political messages.
Publishers' Claims Over Alleged Harassment Campaign by eBay Can Go Forward
"A group of eBay employees devised and engaged in a campaign of harassment, stalking, and threats to stop the Steiners from reporting about eBay" in their ECommerceBytes trade publication.
Prof. Andrew Koppelman, "Universities Must Quit with the BS"
"The job of academia is the discovery of truth. Universities should not be in the bullshit business."
Washington Post Op-Ed Argues That Colleges Should 'Restrict' Speech To Fight Antisemitism
In her article, University of Pennsylvania professor Claire O. Finkelstein absurdly argued that colleges treat free speech as "near-sacred."
Texas's Ban on TikTok Use by Government Employees on Government Computers Upheld
The ban also extends to private devices that are used to access state networks.
After Resisting Demands To Punish 'Hate Speech,' Penn's President Capitulated. It Did Not Save Her Job.
Liz Magill and two other university leaders provoked bipartisan outrage by defending freedom of expression on campus.
Georgia Judge Issues Potentially Unconstitutional Gag Order in 'Cop City' Trial
The trial of the first of 61 defendants starts today, but the judge has seemingly forbidden any of the defendants or their attorneys from discussing the case.
Campus Speech Restrictions Come Back To Bite Universities
Plus: A listener asks if there is any place libertarians can go to start their own country or city state.
When Should Security Clearance Be Denied Based on Interest in QAnon and Three Percenters?
Security clearances can be denied based on constitutionally protected speech; but there's an adjudicative process aimed at reviewing whether such denials make sense in light of the facts of each case.
More on Advocacy of Genocide
Let's focus concretely on proposed bans on advocacy of "genocide," at Stanford and beyond.
Playing Chicken
Plus: University reckoning, climate-grief vasectomies, Chinese garlic, and more...
