William Penn Statue Reversal Shows Positive Power of Social Media
In an era when X (formerly Twitter) is blamed for all the ills of the world, here's a case where it did good.
Free Speech
Notre Dame Professor's Lawyers Argue: Student Newspaper's Mission to Defend Notre Dame's Catholic Character Means …
that it’s probably not “‘trying to advance the public exchange of ideas’ essential to a healthy democracy.”
Professor's Lawyers Argue: Private University Student Newspapers Are "Not Entitled to First Amendment Protection"
The lawyers also argue that the speech in the newspaper was “not made pursuant to its right of free speech, but to instead to advance the personal agendas of male faculty members at Notre Dame [and others].”
Florida Bill Would Make Allegations of Race Discrimination 'Defamation Per Se'
The state Senate bill, which is extremely similar to another House proposal, aims to scrap major First Amendment protections in defamation cases.
No Sealing for Defendant After Pro Se Plaintiffs' Sex Trafficking Allegations Were Dismissed
A good illustration of the strong policy of openness in American court cases, even when defendants argue that unfounded allegations in court records are intruding on their privacy and damaging their reputations.
News Website Publisher Gets Harassment Restraining Order Against Insistent Seeker of Coverage
The trial court found that "Decker continued contacting Siewert after she had asked him to stop five times" and "Decker's intent was to impose his will on Siewert to make her write about certain issues and to cover those issues in the way that he wanted them covered."
October 7: A Turning Point for Free Speech?
Restricting speech about the world's most pressing problems does not make them go away, nor does it settle any disputes.
Court Rejects Fan's Libel Claims Against L.A. Clippers Player Russell Westbrook and the Utah Jazz
Westbrook and the Jazz characterized the fan's insults to Westbrook as racist; in context, the court concluded, these were constitutionally protected statements of opinion.
In Which States Is an Employee Protected from Firing for Making and Posting Porn Videos Off-Duty?
Colorado, North Dakota, probably Montana, and maybe New York.
Hong Kong Police Targeting Overseas Activists and Speech
Police have set bounties on 13 activists, some living in the U.S.
A Bad Year for Drag Queen Foes
New anti-drag laws were deemed unconstitutional in every state where they were challenged this year.
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.
