DHS Still Policing Disinformation Despite Dissolving Disinformation Governance Board
The Department of Homeland Security and the FBI regularly report misinformation and disinformation to tech companies for potential removal.
Free Speech
Court Adopts Narrow Approach to Pseudonymity in Title IX Wrongful-Discipline Cases
A federal judge suggested that plaintiffs can sue as John Does only to the extent that identifying them would also identify nonparties who want to remain anonymous (such as the students who accused the plaintiffs of sexual misconduct).
Right to Videorecord in Public Places Includes Right to Videorecord Voters at Dropboxes
An interesting echo, I think, of NAACP v. Claiborne Hardware (1982).
Babylon Bee Files Amicus Brief in Support of Parody Rights—and Doesn't File an Amicus Brief Opposing It
[NOTE: There is nothing parodic or facetious about any item in this post; it is entirely accurate. No, seriously, it is. Really, I mean it, really.]
Musk Says He Bought Twitter 'To Help Humanity,' Pledges Not To Let It Become a 'Free-for-All Hellscape'
Plus: Charlottesville cracks down on city employee speech, judge dismisses "blackout challenge" lawsuit against TikTok, and more...
Yes, You Can Yell 'Fire' in a Crowded Theater
On Tuesday, Supreme Court Justice Samuel Alito repeated the common myth that "shouting 'fire' in a crowded theater" is unprotected speech.
Patent Law Opinion Can't Be Sealed to Avoid Hurting Plaintiff's Future Similar Lawsuits
[UPDATE: I've added comments from plaintiff's lawyer.]
Ninth Circuit Partly Affirms and Partly Reverses Judgment for Planned Parenthood Over Secret Recordings
"Journalism and investigative reporting have long served a critical role in our society. But journalism and investigative reporting do not require illegal conduct."
Court Upholds Removal of Child From Parents, Related to Child's Transgender Identity
The facts are complicated, and involve a good deal more than just disagreement as to gender identity; but it seems to me like an important controversy.
No First Amendment Right to Publish Videos of Depositions
A court may impose restrictions on redistribution of material obtained through court-ordered discovery (as opposed to obtained through other means)—though if the depositions are quoted in court filings or played in court, the material used would "become part of the public record, creating a presumption of public access."
Ex-Congressman Alan Grayson Loses Libel Claim Before Eleventh Circuit
"The defendants' [reliance] on ... source materials, including an official congressional report, articles in well-known newspapers and magazines, and police reports ... '... alone ... defeat[s] any claim of actual malice.'"
Ninth Circuit Reverses "Provisional" Sealing of Appellate Brief in Interesting Free Speech Case
Appellate briefs need to be treated as public documents, and (I argued) shouldn't be "provisionally" sealed for months or years without findings that such sealing (or, more often, redaction) is genuinely necessary.
Lawsuit by SJSU Professor Who Opposes "Repatriation of Native American Remains" Can Go Forward
Prof. Elizabeth Weiss claims SJSU retaliated against her for her speech.
#TheyLied Libel Claims Can Go Forward with Sufficient Evidence of "Actual Malice"
"We ... recognize ... that allowing this case to move forward could embolden abusers ... and could discourage victims and their families from seeking help. But, at the same time, we must acknowledge the potential for false accusations and the right that someone who is falsely accused has to recover for the harm thereby caused."
Church's Standard Commercial Lease Forbids "Offensive" "Activity"; Does That Cover Offensive Sermons
when the sermons lead to protests? That question is pending in Texas court.
Chris Rufo's Battle To 'Stop Woke'
Livestream with Nick Gillespie, Chris Rufo, and Zach Weissmueller's about Rufo's "counterrevolution" against wokeness
[UPDATED] Is Sixth-Grader Telling Classmate His Hairstyle Makes Him Look Like Trump "Harassment, Intimidation, or Bullying"?
UPDATE: But wait! It turns out the decision was overturned on appeal, see below. (I've changed the title to a question; it originally said such a statement was indeed "harassment, intimidation, or bullying," summarizing the initial decision.)
Midterm Polling, PayPal, and Patellas
Plus: The editors consider Ye and social media, then field a question about the TARP bailouts during the 2008 fiscal crisis.
Should Free-Speech Absolutists Defend Vandalism of Precious Artwork?
"Committing vandalism by soup to send a message about climate change may be 'expressive,' but attempting to destroy someone else's work of art crosses moral and legal boundaries."
Enes Kanter Freedom on China and Free Speech: 'This Is Bigger Than Basketball'
"While we are dribbling a ball on the other side of the ocean, people are losing their loved ones, losing their lives, and losing their hopes."
Activist Groups Demand Feds Require Nutrition Labels on Booze
Plaintiffs want the nanny state to nanny harder.
Union Group Tries To Bully L.A. Times Into Burying Racist Remarks
Plus: Copyright versus the internet, roofer helping rebuild hurricane-damaged Florida houses arrested for lack of Florida license, and more...
Yale Law School, Judge Ho, Neutrals, and Secondary Boycotts
Even when there's good reason to criticize universities, we should keep the students out of our battles.
The Problem With DeSantis' 'Stop WOKE' Act
The state can't really banish ideas, and it's dangerous to try.
Thoughts On Judge Ho's Clerkship Boycott
[This is a guest post by Prof. Jack Goldsmith of the Harvard Law School.]
Obvious Gripe Site Isn't "False Personation"
“We conclude no reasonable person would believe Plummer created a website describing himself as vexatious, incompetent, or dishonest.”
Kiwi Farms Is Back
The return of the trollish forum demonstrates the futility of bans on bad speech.
Court Rejects Avas Flowers' Libel Claims
"The allegedly defamatory nature of this statement is the implication that Plaintiff holds itself out as a local business when it is not. But truth is an affirmative defense to defamation under Delaware law, and the ... Declaration [submitted by Avas] does not deny that Plaintiff maintains call centers abroad in locations such as Mexico or Asia."
