Supreme Court Refuses To Expand the 'True Threats' Exception for Free Speech
Plus: Maine prostitution measure becomes law, "significant misconduct" in jail where Epstein hung himself, Mike Pence defends free markets, and more...
Free Speech
S. Ct. Decides: "True Threats" Exception Requires Showing that Speaker Was "Reckless," i.e.,
"consciously disregarded a substantial risk that his communications would be viewed as threatening violence."
Challenge to Georgia BDS Law Loses on Qualified Immunity Grounds
The Eleventh Circuit therefore avoids deciding whether such laws are constitutional.
No Absolute Privilege for Accuser's Allegations in College Disciplinary Proceedings; #TheyLied Libel Lawsuit
alleging the accuser lied in the proceedings can thus go forward, holds the Connecticut Supreme Court.
Ban on "Mentioning Child/Parental Alienation" and "Anything About" Ex, "Including But Not Limited to" …
"that which may be immediately or remotely interpreted as demeaning or belittling to him" struck down as unconstitutionally vague.
Drag Is Protected Speech, Federal Judge Rules
It should be obvious that drag performances are protected by the First Amendment, but that hasn't kept government officials from trying to ban them.
Journal of Free Speech Law: "Saving the News," by Prof. Ramsi A. Woodcock
Just published as part of the symposium on Media and Society After Technological Disruption, edited by Profs. Justin "Gus" Hurwitz & Kyle Langvardt.
Brendan O'Neill: A Heretic's Manifesto
Spiked's leading polemicist defends J.K. Rowling, Brexit, and Enlightenment values of free speech and pluralism.
Economic Freedom Is Declining in the U.S.
We once ranked No. 4 in the world, according to the Heritage Foundation. Now we're 25th.
Can a Florida School District Ban a Children's Book About Gay Penguins?
The answer's more complicated than you might think.
Journal of Free Speech Law: "Structuring a Subsidy for Local Journalism," by Prof. Kyle Langvardt
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: "From Hot News to Link Tax: The Dangers of a Quasi-Property Right in Information," by Paul Matzko
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: "How Local TV News Is Surviving Disruption as Newspapers Fail: Lessons Learned," by Prof. Laurie Thomas Lee
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: "Moderating the Fediverse: Content Moderation on Distributed Social Media," by Prof. Alan Rozenshtein
Just published as part of the symposium on Media and Society After Technological Disruption, edited by Profs. Justin "Gus" Hurwitz & Kyle Langvardt.
Court: Public School Likely May Ban Student from Wearing "There Are Only Two Genders" T-Shirt,
notwithstanding the First Amendment.
Journal of Free Speech Law: My "The Reverse Spider-Man Principle: With Great Responsibility Comes Great Power"
Just published as part of the symposium on Media and Society After Technological Disruption, edited by Profs. Justin "Gus" Hurwitz & Kyle Langvardt.
A Civil Rights Attorney Started Filming a Traffic Stop. Then Police Arrested Her.
Her arrest may have been retaliation for her involvement in a lawsuit against the local police department.
Congress Had Questions About the CDC Stifling Dissent. Rochelle Walensky Refused To Answer.
Plus: Court using anti-pornography software to track a criminal defendant, $25 million verdict against Starbucks over fired employee, and more...
Journal of Free Speech Law: "Content Moderation in Practice," by Laura Edelson
Just published as part of the symposium on Media and Society After Technological Disruption, edited by Profs. Justin "Gus" Hurwitz & Kyle Langvardt.
Seattle Ordinance That Forbids, Among Other Things, Chalking Is Likely Unconstitutional
[UPDATE 5/19/24: This trial court decision has since been reversed by the Ninth Circuit.]
The New Right Isn't So New
Left-wing totalitarianism and right-wing authoritarianism are not our only options.
A.I. Needs Section 230 To Flourish
A new bill from Sens. Josh Hawley and Richard Blumenthal would stifle the promise of artificial intelligence.
Government Entity May Turn off All Comments on Its Social Media Page
It just can't limit such comments in a viewpoint-based way.
"Hamtramck Council Approves Banning LGBTQ+, Other Flags on City Property"
Actually, the resolution just dictates what flags may be flown on city flagpoles; and that, I think, is constitutionally permissible.
If Employee Is Fired for Off-the-Job Political Speech, Can He Be Denied Unemployment Compensation
on the grounds that the firing was for "misconduct" (such as violation of a social media policy)?
Journal of Free Speech Law: "Brokered Abuse," by Prof. Thomas Kadri
Just published as part of the symposium on Media and Society After Technological Disruption, edited by Profs. Justin "Gus" Hurwitz & Kyle Langvardt.
DeSantis Complains About the Weaponization of State Power. He Should Reexamine His Own Record.
If the Florida governor wants better behavior, he should model better behavior.
Allegations That Particular Conduct Stemmed from a Racist Motivation Generally Aren't Defamatory
(though false allegations about the details of the conduct may be).
Journal of Free Speech Law: "Privacy Rights, Internet Mug Shots, and a Right to Be Forgotten," by Prof. Amy Gajda
Just published as part of the symposium on Media and Society After Technological Disruption, edited by Profs. Justin "Gus" Hurwitz & Kyle Langvardt.
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."
