Free Speech
Private Employers May Not Fire Employees for Writing to the Legislature, Tennessee Court Holds
BlueCross BlueShield allegedly fired an employee for "email[ing] Tennessee state legislators with her concerns and grievances regarding vaccine mandates."
Journal of Free Speech Law: "Defamation, Disinformation, and the Press Function," by Prof. RonNell Andersen Jones
Just published as part of the symposium on Media and Society After Technological Disruption, edited by Profs. Justin "Gus" Hurwitz & Kyle Langvardt.
Cody Wilson: The Future of Gun Control and U.S. Politics
The man behind 3D-printed guns talks about beating the ATF, his abiding interest in cyberpunk culture, and what comes next for "practical anarchy."
Firing a Professor for 'Left-Wing' Views Is Unconstitutional
But Chris Rufo bragged about breaking the law anyway.
Prosecutors Say Backpage Defendants Shouldn't Be Allowed To Reference the 1st Amendment
Prosecutors also want a judge to take basically all possible defenses off the table.
No Pseudonymity for Plaintiff in Medical Data Breach Case
"[A]n individual's name is not sensitive data in and of itself, and Plaintiff does not explain how publication of Plaintiff's name would place Plaintiff's data at further risk."
Lockdown Dissenters Were Muzzled in the U.K. as Well as the U.S.
Thin-skinned authoritarians of the world, unite!
Journal of Free Speech Law: "Cheap Speech and the Gordian Knot of Defamation Reform," by Prof. Lyrissa Lidsky
Just published as part of the symposium on Media and Society After Technological Disruption, edited by Profs. Justin "Gus" Hurwitz & Kyle Langvardt.
A City Banned Pride Month–Themed Library Displays. Then It Threatened Employees Who Criticized the Decision.
After officials in Orem, Utah, banned “heritage month” displays in the public library, it threatened to discipline librarians who criticized the censorship.
Submit Your Articles to the Journal of Free Speech Law, Before You Circulate Them to the Law Reviews
We'll give you an answer within 14 days, and we can publish them within several weeks, if you'd like.
Supreme Court Sides With Jack Daniel's Against Doggy Chew Toy Company
It's not a broad attack on free expression, but Thursday's ruling is certainly a victory for brands that can't take a joke.
Law Banning Distressing Speech "About" a Person Must Be Limited to Speech Within First Amendment Exceptions
So holds the D.C. Court of Appeals, D.C.'s equivalent of a state supreme court.
Journal of Free Speech Law: "Beyond the Watchdog: Using Law to Build Trust in the Press," by Prof. Erin Carroll
Just published as part of the symposium on Media and Society After Technological Disruption, edited by Profs. Justin "Gus" Hurwitz & Kyle Langvardt.
Kat Timpf: Make America Funny Again!
The You Can't Joke About That author says that free speech and dark humor can bring a fragmented country together.
Privacy Lawsuit Over Netflix's Our Father Fertility Fraud Documentary Can Go Forward
"Dr. Cline inseminated many of his female patients with his own semen, ultimately, fathering approximately [94] children"; Netflix allegedly promised the Secret Children anonymity when making its film, but allegedly broke its promise.
Mississippi Court Rejects Tort Claim Over Wife's Leaving Husband "Without Any Notice or Warning"
The court also concludes that there is no separate "verbal assault" tort in Mississippi, and that falsely telling spouse "I love you" generally isn't actionable fraud.
The A.I. Defamation Cases Are Here: ChatGPT Sued for Spreading Misinformation
Plus: Age-verification laws threaten our First Amendment right to anonymity, New York bill would set minimum prices for nail services, and more...
First (?) Libel-by-AI (ChatGPT) Lawsuit Filed
"Every statement of fact in the summary [provided by ChatGPT] pertaining to [plaintiff] Walters is false."
George Santos's Bail Guarantors Must Be Disclosed -- but the Order so Holding Is Sealed Pending Appeal
(The appeal is an appeal to the District Court, so it will likely be resolved fairly quickly.) [UPDATE 6/20/23: The District Court affirmed the disclosure order; the guarantors' names will be released 6/22, at least unless they "seek to withdraw from" being guarantors.]
Journal of Free Speech Law: "The New Gatekeepers?: Social Media and the 'Search for Truth,'" by Prof. Ashutosh Bhagwat
Just published as part of the symposium on Media and Society After Technological Disruption, edited by Profs. Justin "Gus" Hurwitz & Kyle Langvardt.
Is Encouraging Illegal Immigration Protected by the First Amendment?
Criticizing the law by calling for people to break it is an American tradition.
S. Ct. Will Decide "TRUMP TOO SMALL" Trademark / First Amendment Case
The question: Does the First Amendment allow content-based but viewpoint-neutral restrictions on which trademarks may be registered—here, a restriction on marks that "[c]onsist[] of or comprise[] a name ... identifying a particular living individual except by his written consent"?
Trump-Appointed Judge Rules Tennessee's Anti-Drag Law Unconstitutional
Plus: Librarians take on Arkansas book restrictions, another migrant stunt may have originated in Florida, and more...
E.U.'s Digital Services Act Threatens Americans' Free Speech
Online platforms should resist binding us all to the rules of censorship-happy jurisdictions.
Journal of Free Speech Law: "Sober and Self-Guided Newsgathering," by Prof. Jane Bambauer
Just published as part of the symposium on Media and Society After Technological Disruption, edited by Profs. Justin "Gus" Hurwitz & Kyle Langvardt.
Court Strikes Down Tennessee Ban on Pornographic Performances by "Male or Female Impersonators" Where Minors Can See Them
Properly crafted restrictions on displays of pornographic material where minors can see it are constitutional; but the court rules, among other things, that this restriction (1) discriminatorily targets drag shows, (2) lacks an exemption for minors escorted by parents, (3) applies even to venues that try to card attendees but are duped by a fake ID.
YouTube Abandons Election Misinformation Policy That Censored Political Speech
"We find that while removing this content does curb some misinformation, it could also have the unintended effect of curtailing political speech."
Journal of Free Speech Law: "Getting to Trustworthiness (But Not Necessarily to Trust)," by Prof. Helen Norton
Just published as part of the symposium on Media and Society After Technological Disruption, edited by Profs. Justin "Gus" Hurwitz & Kyle Langvardt.
Journal of Free Speech Law Publishing Symposium on "Media and Society After Technological Disruption"
The symposium was edited by Prof. Justin "Gus Hurwitz" & Prof. Kyle Langvardt, and will be published later this year as a book by Cambridge University Press.
Woman Suing Cuba Gooding, Jr. Over Alleged Rape Can't Proceed as "Jane Doe" at Trial
The court had allowed her to litigate pseudonymously at earlier stages in the process, but just held that this doesn’t extend to trial.
The Marvelous Mrs. Maisel Celebrated Selfishness as a Virtue
The show's final season boldly declared that success requires putting yourself first and accepting the trade-offs.
Unsuccessful Plaintiff Can't Get Case Retroactively Sealed, Despite Alleged Harm to Employment Prospects
The case had involved a doctor who had sued over his license being restricted based on allegations of mental incompetency.
Josh Hawley Wants the Government To Silence A.I.
The Missouri senator is once again pursuing misguided tech regulation.
