Ruth Shalit Barrett's Defamation Lawsuit Against The Atlantic Survives in Part
The opinion includes some interesting discussion of defamation by implication.
Free Speech
Journal of Free Speech Law: "Speech Regulation and Tobacco Harm Reduction," by Jonathan H. Adler & Jacob James Rich
The final article from the Information as Medicine symposium.
The War on 'Foreign Influence' Has Become a War on the First Amendment
Go after bribes and espionage, but leave mere speech alone.
Journal of Free Speech Law: "Freedom of the Test," by Prof. Alex Tabarrok
An article from the Information as Medicine symposium.
Free Speech and the Educational Mission
Some of the hardest free speech issues arise when a university argues that restrictions are justified by its "educational mission."
QAnon "Patriot Reporter" Claims Newspaper Libeled Him by Saying He Had Admitted to "Sexual Relationship" with 15-Year-Old
But he loses: "As a result of Godlewski's guilty plea to 'inappropriate text [m]essages' and 'contact' ..., as set forth in the Affidavit of Probable Cause quoting the offending text messages admitting and memorializing a sexual relationship with a 15-year-old minor, Godlewski is collaterally estopped from denying his participation in [the] sexual relationship ...."
1 in 3 College Students Say Violence in a Campus Protest Can Be Acceptable, Survey Finds
The survey of over 50,000 students also found that 37 percent of students said it was "sometimes" or "always" acceptable to shout down a speaker, up from 31 percent last year.
Journal of Free Speech Law: "The NIH's Genomic Data Sharing Policy and the First Amendment," by Prof. Adam Candeub
An article from the Information as Medicine symposium.
Claim That Someone Is "Racist" or "White Supremacist" Is Opinion and Thus Not Libel, Though …
claims that someone has engaged in specific conduct may be factual assertions and therefore potentially libelous.
No, Not That David Sackler; No, Not That State Law
Law students: Take that Choice of Law (often called Conflicts of Laws) course your law school offers; it can be tremendously important.
Kamala Harris vs. Elon Musk
The Democratic nominee has favored policing online speech. Would a future Harris administration defend free expression?
Fire Department Chaplain Fired for Blog Post About Transgender Controversies Can Go Forward With Lawsuit
The chaplain's post "discuss[ed] 'how God designed each person as male or female, and that sex is immutable'" and "stated it is unfair to allow males to compete in women's sports."
California Social Media Platform Reporting Mandate Likely Violates the First Amendment
The mandate required platforms to, among other things, report to the state "how the terms of service define and address (a) hate speech or racism; (b) extremism or radicalization; (c) disinformation or misinformation; (d) harassment; and (e) foreign political interference, as well as statistics on content that was flagged by the social media company as belonging to any of the categories."
N.Y. Community Education Council Speech Restrictions Likely Violate First Amendment
"The Community Guidelines' prohibitions of, inter alia, 'homophobia, transphobia, misogyny, ableism, racism, or any other forms of oppressive beliefs or behaviors,' 'name-calling,' and 'disrespect' are prohibitions against ideas that offend, and therefore discriminate on the basis of viewpoint in violation of the First Amendment."
An Arizona Mom Was Arrested for Criticizing Public Officials at a City Council Meeting. Now She's Suing.
Rebekah Massie criticized a proposed pay raise for a city attorney. When she refused to stop, citing her First Amendment rights, the mayor had her arrested.
The First Amendment Is an Arms Control Agreement
One of the functions of the First Amendment is to create a kind of arms control agreement: With respect to censorship, all sides agree to lay down their arms.
Is Free Speech Doomed in Hong Kong?
Last week’s sedition conviction is yet another step backward for press freedom.
The Soft Totalitarianism of the Political Class
Officials pursue an anti-liberty agenda through unofficial pressure and foreign regulators.
This Texas Woman Was Jailed for Her Journalism. Is She the Future of Media?
Priscilla Villarreal, known as "Lagordiloca," is suing law enforcement for violating her First Amendment rights. She is appealing to the Supreme Court.
Campus Free Speech, 2024
For free speech on campus, Brandeis and Holmes should guide colleges and universities.
$1.85M Award in #TheyLied Lawsuit Over False Accusation of Rape
The award consisted of $1.5M compensatory damages and $350K punitives.
Private Universities That Reject First Amendment Principles Put Themselves At Legal Risk (Updated)
Conforming speech policies to the First Amendment would serve private universities well, legally and otherwise.
Confusing Use of Another Political Group's Name as "Source Identifier" May Lead to Trademark Injunction
A dissenting subgroup of the Libertarian Party of Michigan was barred from "from identifying as the Libertarian Party of Michigan in the provision of services."
State Bar's Ideological Statement May Violate First Amendment Rights of Dissenting Members, If It Purports to Speak for Lawyers Generally
"[M]uch of [the Oregon State Bar statement's] criticism of then-President Trump did not relate to the justice system at all—for instance, it criticized Trump for describing Haiti and African countries as 'shithole countries.'"
Sarah Palin Gets New Trial in Libel Lawsuit Against N.Y. Times
"[T]he district court’s Rule 50 ruling improperly intruded on the province of the jury by making credibility determinations, weighing evidence, and ignoring facts or inferences that a reasonable juror could plausibly have found to support Palin’s case."
Telegram CEO Pavel Durov's Arrest Is Part of a Global War on Free Speech
Governments around the world seek to suppress ideas and control communications channels.
Is Pavel Durov the Next Julian Assange?
The Telegram co-founder may become a free-expression martyr for the terrible crime of enabling permissionless speech.
Material in Pennsylvania Sen. Douglas Mastriano's Lawsuit Related to His Ph.D. Thesis Should Be Unsealed
So the District Court in Sen. Mastriano's case just held.
Putin and the Ayatollah Wanted To Censor This App. Now It's Macron's Turn.
French police arrested Telegram founder Pavel Durov for failing to control his social media and messaging app.
