Free Speech
Journal of Free Speech Law: "Lies and the Law: An Introduction," by Prof. Genevieve Lakier
The final article posted from the Knight Institute’s Lies, Free Speech, and the Law symposium.
Journal of Free Speech Law: "Weaponized from the Beginning," by Prof. John Fabian Witt
The eleventh of twelve articles from the Knight Institute’s Lies, Free Speech, and the Law symposium.
Kansas Police Facing Lawsuit After Conducting 'Illegal' Raid Against Small-Town Paper
Last year, the offices of the Marion County Record were raided by police. A new lawsuit claims the search was illegal retaliation against the paper.
Defending Pornography in the Age of Safe Spaces: A Q&A With Nadine Strossen
The civil liberties lawyer talks to Reason about the misguided impulse to attack free speech in the name of protecting women.
Journal of Free Speech Law: My "When Are Lies Constitutionally Protected?"
The tenth of twelve articles from the Knight Institute’s Lies, Free Speech, and the Law symposium.
Journal of Free Speech Law: "Epistemic Disagreement, Institutional Analysis, and the First Amendment Status of Lies," by Prof. Mark Tushnet
The ninth of twelve articles from the Knight Institute’s Lies, Free Speech, and the Law symposium.
Journal of Free Speech Law: "Democracy Harms and the First Amendment," by Prof. Deborah Pearlstein
The eighth of twelve articles from the Knight Institute’s Lies, Free Speech, and the Law symposium.
Will J.K. Rowling Do Time?
Plus: Mnuchin's TikTok folly, Trump's April Fools' joke, Andy Warhol's muse, and more...
Christopher Yoo on Regulating Social Media Platforms as "Common Carriers"
The Univ. of Pennsylvania legal scholar makes the most thorough critique yet of this approach to justifying regulations that bar social media firms from engaging in most types of content moderation.
Journal of Free Speech Law: "Distrust, Negative First Amendment Theory, and the Regulation of Lies," by Prof. Helen Norton
The seventh of twelve articles from the Knight Institute’s Lies, Free Speech, and the Law symposium.
Minor Third-Order-Procedure Decision in Walters v. OpenAI Large Libel Models Lawsuit
Procedure about procedure about procedure.
Defending Pornography on Feminist Grounds: A Q&A With Nadine Strossen
"There were many of us who opposed censoring pornography...precisely because of our commitment to feminist goals and principles," says the former ACLU chief.
Journal of Free Speech Law: "Anonymity, Identity, and Lies," by Prof. Artur Pericles L. Monteiro
The sixth of twelve articles from the Knight Institute’s Lies, Free Speech, and the Law symposium.
No Right to Be Forgotten for Defendant in Civil Case
"To the extent that Kavadia asks the Court to order that public reporting about this case be removed from the Internet, such an order would blatantly violate the First Amendment."
Journal of Free Speech Law: "Fake News, Lies, and Other Familiar Problems," by Prof. Sam Lebovic
The fifth of twelve articles from the Knight Institute’s Lies, Free Speech, and the Law symposium.
Journal of Free Speech Law: "Protecting Public Knowledge Producers," by Prof. Heidi Kitrosser
The third of twelve articles from the Knight Institute’s Lies, Free Speech, and the Law symposium.
Journal of Free Speech Law: "Government Counterspeech," by Prof. Jamal Greene
The third of twelve articles from the Knight Institute’s Lies, Free Speech, and the Law symposium.
Missouri Government Agency Threatening to Sue Critic for Libel
But lawsuits for libeling the government do not "have any place in the American system of jurisprudence."
FBI Agent Says He Hassles People 'Every Day, All Day Long' Over Facebook Posts
"It's just an effort to keep everybody safe and make sure nobody has any ill will," he claimed.
Call to "Update Free Speech Policies" to Address Supposed Hate Speech at Public University
I'm against it, whomever it's coming from.
Journal of Free Speech Law: "Investigative Deception Across Social Contexts," by Prof. Alan Chen
The first of twelve articles from the Knight Institute’s Lies, Free Speech, and the Law symposium.
State Employer's Requiring Employees to Watch "Antiracist"/"Gender Identity" Videos Isn't Unconstitutional Speech Compulsion
But plaintiff's claim that he was retaliated against for raising religious objections to the training, and discriminated against based on religion as to promotion, can go forward.
Steven Pinker: What Went Wrong at Harvard
The psychologist and bestselling author argues that Harvard's free speech policy was so "selectively prosecuted that it became a national joke."
Free Speech Is Under Attack in the U.S., but It's on the Ropes Elsewhere
“Even open democracies have implemented restrictive measures,” finds a global report.
Private Employee's Claim That She Was Fired for Peacefully Attending Jan. 6 Events Can Go Forward,
under California statutes that protect private employees' political activity; the plaintiff claimed that "[s]he listened to speeches being made and walked to the Capitol, and then she left," and "did not participate in any rioting."
More on Coercion, Social Media, and Freedom of Speech: Rejoinder to Philip Hamburger
Prof. Hamburger continues to conflate coercion and voluntary choice.
Hamburger Responds: Prof. Somin Repeats His Errors
Round 3 in the debate between Hamburger and Somin over the First Amendment and Murthy
Can't Sue In-Laws for "Undermining" Marriage and Thus Tortiously Inducing Breach of Marriage Contract
This used to be possible under the old "alienation of affections" tort, but all but a handful of states have abolished it, and the tortious inducement of breach of contract tort can't fill that gap.
Abridgement, Coercion, and Freedom of Speech: Reply to Philip Hamburger
Prof. Hamburger is wrong to argue that the use of the word "abridgment" implies that noncoercive government persuasion directed at social media firms violates the First Amendment.
Florida Court Reverses Anti-Libel Injunction Entered During Discovery Dispute
Florida appellate courts are pretty good about reversing unconstitutional injunctions against speech (though Florida trial courts seem to be pretty willing to enter such injunctions).
Court Allows Media to Intervene to Unseal Documents in Lottery Winner's Lawsuit
The lottery winner is suing an ex-girlfriend based on a non-disclosure agreement aimed at concealing his identity. (The intervention, at this point, is aimed at just unsealing various sealed documents in the case, not at disclosing the parties' names.)
Biden Wants To Avoid a First Amendment Showdown Over WikiLeaks
U.S. prosecutors are looking to wriggle out of an espionage trial for WikiLeaks founder Julian Assange.
Will the Supreme Court Let Sylvia Gonzalez Sue the Political Enemies Who Engineered Her Arrest?
"Mayors should not be allowed to launder animus through warrants," the former city council member's lawyer told the justices.
"Spam Private Eye" Can't Constitutionally Be Required to Get Real Private Eye License,
at least when the license requires 6000 hours of training on matters far removed from his expertise.
#TheyLied Libel Lawsuit Over Ex-Student's Allegations of Rape Can Go Forward,
and so can the professor's Title VII and Title IX discrimination claims against the university.
