Free Speech
Injunction Against Publicly Identifying Pseudonymous Litigants Is Content-Based Prior Restraint,
and thus presumptively a First Amendment violation (though here the presumption was rebutted by national security interests).
Fourth Circuit Upholds Injunction Against Disclosing Names of Perceived Afghan Collaborators
The order came in a peculiar context—a civil lawsuit over the custody of a child born in Afghanistan—but its logic extends further.
FBI Director Kash Patel Loses Defamation Lawsuit Over Morning Joe Statements
The wild things are in the nightclubs.
Retired Pastor Faces Trial Under U.K. Speech Laws for Preaching John 3:16 Near Hospital
Despite not mentioning abortion in his sermon, Clive Johnston is being charged for trying to "influence" people not to go through with the procedure.
Megan Thee Stallion's Request for Anti-"Cyberstalking" Injunction Against Online Defamer Denied as Prior Restraint
"Plaintiff is allegedly the target of hurtful, angry, offensive, humiliating, racial, and gender-based hate made in online posts by Defendant's followers. As tempting as it might be to force some civility into the matter by staunching Defendant's speech against Plaintiff through an injunction, doing so would ignore the protections of the First Amendment."
"Once the [Rainbow Flag] Cat Is out of the Bag, the Ball Game Is Over"
No pseudonymity for teacher challenging removal of pride flags from classroom, because his identity had already been disclosed through public records requests.
Woodrow Wilson's War at Home
Silencing "Fighting Bob" details how the government targeted anti-war critics like Sen. Robert La Follette.
The Supreme Court Ruled Against 'Informal Censorship' 6 Decades Ago but Officials Are Still Jawboning
The Court's 1963 ruling in Bantam Books v. Sullivan is freshly relevant in light of recent efforts to restrict speech through government intimidation.
Virginia's Unconstitutional Effort to Strip Property Tax Exemptions From Pro-Confederate Groups
The groups and their ideology are awful. But Virginia's policy violates the First Amendment. Allowing it to stand could set a dangerous precedent.
Pete Hegseth Wants the D.C. Circuit To Let Him Punish a Senator for Criticizing Him
The defense secretary's asserted authority to control the speech of retired military officers "would chill public participation by veterans," a brief supporting Mark Kelly warns.
Yale Admits Self-Censorship and Political Bias Are Eroding Trust in Higher Education
The Ivy League school released a self-critical report this week.
62-Year-Old Protester Acquitted on All Charges for Wearing Penis Costume
The judge felt there was probable cause for an arrest but he declined to go so far as to convict.
When the U.S. Censored a Movie About the American Revolution and Imprisoned Its Producer
Remembering the infuriating case of United States v. “The Spirit of ’76.”
ICE Is Determined To Unmask a Reddit User Whose Only Crime Seems To Be Criticizing ICE
After withdrawing a summons in the face of a legal challenge, the government is seeking a grand jury subpoena.
"I Swear, if You Don't Drop Out of Miss Pennsylvania, I Will Come to Your Home and Set It on Fire"
"I don't even care if you or your mom are inside. I actually hope you are. You both deserve to die. I am going to kill you, Robyn. I don't understand why you don't get that. I will burn you. You will die."
Court Ordered Critic of Ex-Mayoral Candidate to Stop "Publicly Writing, Printing, or Speaking [Ex-Candidate's] Name"
Fortunately, an appellate court just reversed the decision.
Anti-Hate Poster Has No Home in Ohio Classroom, Says School District
The poster, which included a rainbow flag, counts as "instruction that includes sexuality content" and triggers an Ohio parents' rights law, the board said.
The FTC's Probe of Media Matters for America Is a Blatant Assault on Freedom of Speech
In the guise of investigating "potentially unlawful advertiser boycotts," the commission is punishing the organization for its views.
Do You Have a Right To Wear a Penis Costume in Public? A 62-Year-Old Alabama Woman Is About To Find Out.
A police officer threw Renea Gamble to the ground and handcuffed her because her costume might have offended his kids.
Seventh Circuit Reaffirms: No Pseudonymity in Title IX Suits Claiming Wrongful Discipline
Many other courts do generally allow pseudonymity in those particular cases, but the Seventh Circuit disagrees.
California Law Restricts Naming Abortion/Gender-Affirming Care Providers/Patients (+ Soon Immigration Support Services Providers?) …
online, after they send a demand that they not be named (and declare that there has been an online-naming-related threat or incitement against them by someone else).
Court Orders OpenAI to Cut off (for 3 Weeks) ChatGPT Access by Mentally Ill and Dangerous User
Could a court likewise order, say, Gmail to cut off a person's access to his Gmail account, if there's reason to think the person has misused that account for criminal purposes? Does it matter that the person isn't a party to the proceeding, and thus can't assert his free speech rights?
A Federal Judge Dismisses Trump's Defamation Lawsuit Against The Wall Street Journal
Trump's failure to properly allege "actual malice" is consistent with his long history of filing shaky legal claims against people who say things he does not like.
President Trump's Libel Lawsuit Over Wall Street Journal Article on Epstein's Birthday Letters Dismissed
The court concludes that Trump hadn't adequately alleged facts that would support a finding that the defendants knew the article was false (or were reckless about the prospect); Trump has an opportunity to file an amended complaint if he can identify such facts.
Petitioner's Regret No Grounds for Sealing of 8-Year-Old Restraining Order Documents
Petitioner's new-found "public figure" status, and concerns that records are "impeding his employment, professional credibility, and personal safety," don't justify sealing, either.
Follow-Up to "Reproducing Controversial Tweet in News Story = Fair Use" Post
"Market Erasure," "Three Plinths," "The March 2nd Transformation," "Karen" "branding," and "The Commercially Savvy Lawyer."
UNC Newspaper Halts Satire and Implements DEI Training After Backlash Over April Fools' Issue
Free speech lawyers say UNC violated North Carolina’s institutional neutrality law.
Massachusetts High Court: Claim Against Meta for Alleged Addiction of Children Can Go Forward Notwithstanding § 230
The court doesn't decide whether Meta actually violated state law, or whether it may have a First Amendment defense; those decisions will be made later in the case.
