First Amendment Protects Sign at University Saying "God Created Male and Female and Artemis Langford Is a Male"
Langford had been in the news for joining a sorority, which has caused a good deal of controversy at the University of Wyoming.
Free Speech
No Sealing of Plaintiff's Expunged Court Records That Are Central to Plaintiff's Libel Claim
"[T]he fate of Plaintiff's claims hinges to some extent on the truth or falsity of Defendant's statements regarding Plaintiff's conviction of a crime. Whether Defendant's statements are false—a determination that relies at least in part on Plaintiff's criminal records—is directly relevant to the public."
First Circuit Allows Police Officer Pseudonymity in Federal Lawsuit Over "Exculpatory Evidence List" Placement
I had asserted the contrary, arguing that the state allowance of pseudonymity in trying to get removal from the list didn't justify pseudonymity in a federal court lawsuit seeking damages for such placement; but the court disagreed.
Fani Willis Is Abusing Georgia's Terrible RICO Law
Trump and his acolytes' conduct was indefensible, but the state's RICO law is overly broad and makes it too easy for prosecutors to bring charges.
Was Biden's Social Media Meddling Illegal?
Join Reason on YouTube and Facebook on Thursday at 1:30 p.m. Eastern for a live discussion with Jay Bhattacharya and John Vecchione about their legal case against the Biden administration.
Illinois Court Rejects Claim for Group Libel of Poles Living During World War II Era
People may be able to successfully sue based on allegedly false and defamatory statements about themselves, or about very small groups of people that include themselves—but not based on statements about whole countries or ethnic groups.
Arizona's Public Universities Drop Controversial DEI Statements for Job Applicants
It may be part of a larger reassessment of subjecting all areas of life to ideological tests.
Plaintiff Professor's Losing Libel Lawsuit May Lead to His Former Lawyers Foreclosing on His Home
(Part of the fees also stemmed from defending against Ohio State's investigating his alleged research misconduct.)
By Trying To 'Move On,' DeSantis Admits His Fight With Disney Was a Political Stunt All Along
It was never a principled fight against special privileges granted to a private company.
Journal of Free Speech Law: "Freedom of Speech and AI Output," by Profs. Mark Lemley and Peter Henderson and Me
Just published, closing out our symposium on Artificial Intelligence and Speech.
D.C. Circuit Revives Viewpoint Discrimination Suit Against District of Columbia
The District allowed "Black Lives Matter" protestors to violate the city's defacement ordinance, but enforced the law against groups with a different political message.
The Battlefields of Cable
How cable TV transformed politics—and how politics transformed cable TV
Why Stripping Fox's Broadcast License Is a Terrible Idea
Plus: A listener inquires about the potential positive effects of ranked-choice voting reforms.
Cops Invented a Reason To Cite Man Who Flipped Them Off
Body camera footage shows that Delaware police cited Jonathan Guessford for flipping them off, even though they later agreed it was his right to do so
Owner of Kansas Newspaper Dies Amid 'Shock and Grief' After Police Raid
Plus: New Zealand libertarianism, Barbie economics, and more...
Journal of Free Speech Law: "Where's the Liability in Harmful AI Speech?," by …
Profs. Peter Henderson, Tatsunori Hashimoto, and Mark Lemley, just published in our symposium on Artificial Intelligence and Speech; more articles from the symposium coming in the next few days.
Journal of Free Speech Law: "Generative Artificial Intelligence and Trade Secrecy," by Prof. David S. Levine
Just published, in our symposium on Artificial Intelligence and Speech; more articles from the symposium coming in the next few days.
Journal of Free Speech Law: My "Large Libel Models? Liability for AI Output"
Just published, in our symposium on Artificial Intelligence and Speech; more articles from the symposium coming in the next few days.
A Louisiana Man Was Jailed for Criticizing Police. A Federal Court Wasn't Having It.
The decision supports the notion that victims are entitled to recourse when the state retaliates against people for their words. But that recourse is still not guaranteed.
Journal of Free Speech Law: "The European Liability Regime For Large Language Models"
"Is It a Platform? Is It a Search Engine? It's Chat GPT!," by Prof. Beatriz Botero Arcila, just published in our symposium on Artificial Intelligence and Speech; more articles from the symposium coming in the next few days.
Journal of Free Speech Law: "An AI's Picture Paints a Thousand Lies: Designating Responsibility for Visual Libel,"
by Prof Jon M. Garon, just published in our symposium on Artificial Intelligence and Speech; more articles from the symposium coming in the next few days.
Journal of Free Speech Law: "Bots Behaving Badly: A Products Liability Approach to Chatbot-Generated Defamation,"
by Prof. Nina Brown, just published in our symposium on Artificial Intelligence and Speech; more articles from the symposium coming in the next few days.
Review: The Peculiar Politics of Killer Mike
The rapper is a Bernie Sanders supporter who speaks out about gun rights and free speech.
Journal of Free Speech Law: "Section 230 Won't Protect ChatGPT," by Prof. Matt Perault
Just published, in our symposium on Artificial Intelligence and Speech; more articles from the symposium coming in the next few days.
Political Activist Brandon Straka Loses Jan.-6-Related Libel Lawsuit Against NBC
"The material challenged in the plaintiff's complaint cannot be understood by a reasonable person as anything but substantially, if not literally, true."
Journal of Free Speech Law: "Negligent AI Speech: Some Thoughts About Duty," by Prof. Jane Bambauer
Just published, in our symposium on Artificial Intelligence and Speech; more articles from the symposium coming in the next few days.
Alleged "Psychic Intuition" Isn't Enough to Make a Federal Claim "Plausible" Enough to Withstand Dismissal
An allegedly psychic "Internet sleuth" alleged a professor was involved in the University of Idaho student murders; the professor sued; then the "sleuth" countersued.
Why Kamala Harris Won't Be Asked About the Suicide of a Newspaperman She Persecuted
When it comes to conflicts with people engaged in unpopular or disfavored speech, too many journalists side with the feds.
A Ham-Handed Bill Attacks the First Amendment in the Name of Protecting Minors From Online Harm
The Kids Online Safety Act imposes an amorphous "duty of care" that would compromise anonymous speech and restrict access to constitutionally protected content.
Virginia Court Rejects Retroactive Attempt to Seal Name Change Records
The decision came despite the applicant's objection, ten months after the name change, that the change was needed to prevent "potential endangerment and/or discrimination through publicly disclosed record of the transgender applicant."
Here Is Why Trump's Lawyers Say His Post-Election Conduct Was Constitutionally Protected
When he alleged fraud and sought help from government officials, they say, Trump was exercising rights guaranteed by the First Amendment.
Have We Lost Track of the Trump Indictments Yet?
Plus: Why don't journalists support free speech anymore?
Risk of Physical Harm to Woman Involved in Ghislaine Maxwell Litigation May Justify Sealing Her Identity,
holds the Second Circuit, though it leaves it to the trial court to consider the facts further.
Who Can Use Twitter's Offer of Legal Fees "If You Were Unfairly Treated by Your Employer Due to [Tweets]"?
More people than one might imagine, chiefly because many states, counties, and cities have laws that ban private employers from discriminating against their employees based on certain kinds of speech.
Alex Winter: Is The YouTube Effect Good or Bad on Balance?
A new documentary film argues that the second-largest website on the planet is flooded with misinformation. Is that right?
