Free Speech
If Pseudonyms, Then What Kind? How About "Doe WHBE 3"?
Should pseudonymous litigants, and any precedents set in their cases, be known by the initials of the law firms that represent them?
Jay Bhattacharya on COVID, Social Media Censorship, and Trump vs. Biden
"It’s not like public health is infallible," the Stanford professor and Great Barrington Declaration author tells Reason's Nick Gillespie.
Court Strikes Down Arkansas Town Limit on Signature Gathering at Town Festival
The Town of Rose Bud restriction appears aimed at a particular proposed constitutional amendment, which would "require all schools receiving public funds to meet identical standards and would require universal access to pre-K education."
No First Amendment Protection for "Shouting into a Bullhorn and Blaring the Bullhorn's Siren as Close as Three Feet from Government Employees …
and continuing the conduct while following those employees."
The Stop Comstock Act Doesn't Go Far Enough
Upcoming legislation would repeal parts of the 1873 law that could be used to target abortion, but the Comstock Act's reach is much more broad than that.
Florida S. Ct. Reads Florida Anti-Riot Statute as Narrowly Focused on Violence
In this, the court agrees with the Florida Attorney General and the Governor’s office, and disagrees with the challengers who are trying to get the statute struck down on First Amendment grounds.
Professors Lacked First Amendment Right to Post Flyers Calling Colleague and Student Group Racist
Two public university professors were disciplined for posting fliers saying a colleague was racist, and that a student group (Turning Point USA) was a racist "national hate group" with "ties to white supremacy."
SCOTUS Makes It Easier for Victims of Retaliatory Arrests To Vindicate Their First Amendment Rights
The justices ruled that "objective evidence" of retaliation does not require "very specific comparator evidence."
"Indian National" Extradited "in Connection with Foiled Plot to Assassinate U.S. Citizen" for Citizen's Sikh Separatist Advocacy
The government alleges that Nikhil Gupta was involved in a "plot, directed by an employee of the Indian government, to target and assassinate a U.S. citizen for his support of the Sikh separatist movement in India."
Shouting "Chick with a Dick" "Multiple Times" at City Council Meeting Was Disruptive, Could Justify Ejection
So holds a federal court, also concluding that earlier sexual discussions could likewise justify restriction in the open public comment period (treated by the law as a “limited public forum,” in which reasonable and viewpoint-neutral restrictions are constitutional).
Journal of Free Speech Law: "FDA Regulation of Physicians' Professional Speech," by Prof. Barbara J. Evans
An early article from what will eventually be several on Information as Medicine.
President Biden Should Pardon D.M. Bennett
Issuing a posthumous pardon for Bennett would reaffirm our nation’s commitment to free expression and intellectual freedom.
Court Refuses to Order Redaction of Filings That Reveal Litigant's Past Pseudonymous Lawsuits
A California trial court so ruled, and the California Court of Appeal just upheld that decision.
Is Promotion of Free Services "Commercial Speech" for First Amendment Purposes?
One of several interesting questions that arises in a case involving regulations of pregnancy centers that seek to help pregnant women without offering abortions or abortion counseling.
A Frightening View of Free Speech and Academic Freedom at Harvard
A Harvard Dean suggests universities can and should limit controversial speech.
Justice Department Says Phoenix Police Violated Rights of Children, Minorities, Protesters, Homeless People
Phoenix police are trained that "deescalation" means overwhelming and immediate force, whether or not it's necessary.
Justices Agree on Constitutionality of Trademark Restriction, Disagree on How to Approach Such Questions
The underlying methodological debate might also bear on free speech disputes more broadly.
Plaintiff Sufficiently Alleged Knowing/Reckless Falsehood in CNN Story About Evacuating Afghans During Withdrawal
"Young proffered CNN messages and emails that showed internal concern about the completeness and veracity of the reporting—the story is 'a mess,' 'incomplete,' not 'fleshed out for digital,' 'the story is 80% emotion, 20% obscured fact,' and 'full of holes like Swiss cheese.'"
Florida Court Rejects Pseudonymous Petition to Get Public Records
The case involved a public records request to identify the "six or seven pretty big legal conservative heavyweights" whom Gov. DeSantis labeled as "trusted advisors for his judicial appointments to the Florida Supreme Court."
Oklahoma S. Ct. Vacates Restraining Order Against Self-Described Pastor Who Was Sharply Condemning Pro-Gay-Equality Activists
The court concludes the pastor's posts were about the activists' organization (Oklahomans for Equality) and not about them personally; it thus avoided having to decide whether the First Amendment would have protected the speech if it was indeed about the activists personally.
Texas Public Library Can't Remove Books About 'Butts and Farts,' Federal Judge Says
The court ruled that it is unconstitutional for officials to remove library books with the "intent to deprive patrons of access to ideas with which they disagree."
'If They Can Control the Flow of Information, They Can Control You': BASEDPolitics Sues To Stop TikTok Ban
The plaintiffs hope to "help Republicans and conservatives see why this ban is inconsistent with the free speech values they say they care about."
Journal of Free Speech Law: "Fiction, Defamation, and Freedom of Speech," by Prof. Collin O'Neil
An article from the Defamation: Philosophical and Legal Perspectives symposium, sponsored by the Center for Legal Philosophy at UC Irvine.
Australian Censors Back Down, Highlighting the U.S. as a Free Speech Haven
Officials suspend efforts to force X to suppress the world’s access to video of a crime.
Louisiana's New 25-Foot Legal Forcefield for Police Threatens Accountability and Civil Liberties
A new law will make it much harder to film law enforcement officers in their public duties. Does that violate the First Amendment?
D.C.'s Rules for Subway Ads Are Blocked in Federal Court
The transit authority was sued after rejecting an ad that directed viewers to go to a website "to find out about the faith of our founders."
Journal of Free Speech Law: "True Defamation," by Prof. Jeffrey S. Helmreich
An article from the Defamation: Philosophical and Legal Perspectives symposium, sponsored by the Center for Legal Philosophy at UC Irvine.
Plaintiff's Idaho Murder Libel Claim Beats Defendant's "Tarot Readings" and "Psychic Intuition"
"[T]he only support for Defendant's statements about Plaintiff is that Defendant's 'spiritual investigation' into the murders using 'intuitive tarot readings' led her to Plaintiff."
Does the First Amendment Protect Speech on Private Property?
Yes, when the restriction is being imposed by the government.
Journal of Free Speech Law: "Defamation, Presumed Damages, and Reputational Injury: A Legal and Philosophical Inquiry," by Prof. Benjamin C. Zipursky
An article from the Defamation: Philosophical and Legal Perspectives symposium, sponsored by the Center for Legal Philosophy at UC Irvine.
Journal of Free Speech Law: "Defamatory in Whose Eyes?," by Prof. Kenneth W. Simons
An article from the Defamation: Philosophical and Legal Perspectives symposium, sponsored by the Center for Legal Philosophy at UC Irvine.
Jay Bhattacharya: 'I Sued the Biden Administration for COVID Censorship'
Bhattacharya explains the stakes of Murthy v. Missouri, the politicization of medical research, and his RFK Jr. endorsement.
Report: E.U. Censorship Laws Mostly Suppress Legal Speech
European speech regulations reach way too far to muzzle perfectly acceptable content.
