A Surly Showdown for Speaker
Plus: Would Adam Smith be a libertarian if he were alive today?
Free Speech
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Defaming Like a Rockstar? No, Said Court in Lawsuit Against DaBaby
An interesting illustration of the defamation per se / per quod distinction, recognized in some states.
Under Government Pressure, Twitter Suppressed Truthful Speech About COVID-19
The company's broad definition of "misleading information" and its deference to authority invited censorship by proxy.
Twitter Files Reveal Politicians, Officials Evading the Constitution's Restrictions
People in power lean on private businesses to impose authoritarian policies forbidden to the government.
Chinese Protesters Use Their Bodies as Weapons Against the State
Standing with blank pages in hand, the protesters' goal is to make manifest the implied violence that authoritarian states use to keep order.
Yet Another Senator Bungles the First Amendment To Justify Censorship
This week, a clip of Maryland Sen. Ben Cardin claiming that speech that espouses "hate" and "violence" is not protected by the First Amendment made the rounds on Twitter, sparking sharp backlash.
Prof. Amna Khalid (Carleton) on the Hamline Muhammad Painting Controversy
"On Hamline University's shocking imposition of narrow religious orthodoxy in the classroom."
Doing Pickering Balancing Right
It is not a workplace "disruption" that co-workers objected to a MAGA hat
Court Refuses to Block California Ban on COVID "Treatment or Advice" That's "Contrary to the Standard of Care"
The law bans doctors from providing "treatment or advice" "to a patient" "related to COVID-19" when that treatment or advice includes (1) "false information" (2) "that is contradicted by contemporary scientific consensus" (3) "contrary to the standard of care." The law regulates only speech to patients, not to the public at large.
Teacher Can Proceed With First Amendment Lawsuit Over Threatened Punishment for Wearing MAGA Hat to Training
A defendant had argued that she could allow Black Lives Matters posters but forbid MAGA hats on the theory that, "While the Black Lives Matter poster is a symbol of cultural acceptance and inclusivity ... Mr. Dodge's MAGA hat is a symbol commonly associated with white supremacy and other anti-immigrant sentiments." No, says a Ninth Circuit panel.
Ninth Circuit Judge Urges Supreme Court "Not to Give Any First Amendment Protection for Racist Hate Speech"
“[G]overnment officials ... should not be unduly constrained in their attempts to regulate hate speech for the purpose of protecting the intended targets of said speech. This may require some refining of the Supreme Court’s prior guidance in its precedents.... For example, the Court could consider modifying the Brandenburg test to require only a probable and emerging threat of violence rather than imminent lawless action as a result of speech in order to regulate it.”
Ninth Circuit Upholds Expulsions for Off-Campus Abusive Speech That Targets Particular Students
“Students ... remain free to express offensive and other unpopular viewpoints [at least outside school], but that does not include a license to disseminate severely harassing invective targeted at particular classmates in a manner that is readily and foreseeably transmissible to those students.”
Beyoncé, Lizzo, and Taylor Swift Give In To the Speech Police
"It's stories and songs and films cut apart and written over, leaving no trace and no remnant of whatever used to be," writes novelist and cultural critic Kat Rosenfield.
Illinois Appellate Court Overturns a Stop-Posting-About-Plaintiff Order
Trial court: "I understand that you have a first amendment privilege, but sometimes the first amendment privilege contravenes certain statutes that are enacted by the State ...." Appellate court: That's "a misunderstanding of the relationship between statutes and constitutions."
Hamline Student Newspaper (the Oracle) Removed Published Defense of Lecturer Who Showed Painting of Muhammad
"[T]rauma and lived experiences," the newspaper says, "are not open for debate."
5 Infuriating Ways People Got the First Amendment Wrong in 2022
As free speech becomes an increasingly important part of the culture war, people won't stop misinterpreting—and outright violating—the First Amendment.
Don't Count on Criminal Prosecution To Hold Trump Accountable for His Egregious Post-Election Behavior
The final report from the January 6 select committee falls short of proving the elements required to convict the former president.
University of Idaho Murders Yield Libel Lawsuit Against "Internet Sleuth"
According to the Complaint, "Ashley Guillard promotes herself on Amazon and TikTok as an Internet sleuth that solves high-profile unsolved murders by consulting Tarot cards, and performing other readings, to obtain information about the murders."
Judge Agrees Consumers Can Sue Over Misleading Movie Trailers
The weird judge-invented "commercial speech" exception to our right to free expression breeds strange results in suit against distributors of the 2019 movie Yesterday.
Stanford Seeks the 'Elimination of Harmful Language' Like 'American,' 'Stupid,' and…'Karen'
Their suggested replacement for 'Karen' is far more offensive than the term itself.
"This Is About as Frivolous a Motion to Seal as I Have Seen" [UPDATE: Response from Lawyer Added]
"Defendants are ORDERED to identify the lawyer responsible for this motion. The lawyer, by January 3, 2023, is ORDERED to submit an explanation of why the lawyer thought this was a justified motion. When I see the explanation, I will consider whether subsequent proceedings are appropriate."
Can Court Seal Details Related to Allegations of Misconduct by Federal Prosecutors?
The Second Circuit reverses such a limited sealing order, and sends the case back to the district court for further analysis.
The War on Christmas Comes for the Drag Queens
Some conservatives toss “parents’ rights” out the window in a holiday culture war against kids at live shows.
Sen. Mike Lee Wants To Ban Porn by Redefining 'Obscene'
The IODA aims to edit the legal defintion of "obscenity" to allow for the regulation of most pornography. But even if it passes, a nationwide porn ban is unlikely to succeed.
The FBI Paid Twitter $3.4 Million for Processing Requests
The latest Twitter Files installment shows the FBI paid Twitter millions of dollars to cover the costs of processing the agency's requests. Yikes.
No Pseudonymity in Case Alleging Disability Discrimination Based on "Major Depressive Disorder"
“[I]t is reasonable to expect the person invoking the Court’s jurisdiction to set aside some of his privacy. Many statutes, such as the ADA [...] require a plaintiff to set aside his [] privacy and disclose information that he [] may otherwise wish to keep confidential.”
Court Orders Employer Not to Report Employee's Husband to Immigration Authorities
The employer had apparently threatened to do so as retaliation for the plaintiff's wage-and-hour violation claim.
Canada Threatens Free Speech in the Guise of Nationalistic Obsessions
Demands by lawmakers and government officials for locally produced content may lead to online censorship.
Twitter Files: The FBI Frequently Flagged Joke Tweets, Asked for Moderation
Maybe the FBI has something better to do with its time?
Journal of Free Speech Law: "Why Freedom of Expression Is Better Protected in Europe Than in the United States,"
by Prof. Thomas Hochmann (Univ. of Paris Nanterre), 2 J. Free Speech L. 63 (2022).
Phoenix and the NFL Are Censoring Small Business Owners' Signs
Property owners are required to get permission from the city, the NFL, and/or the private Arizona Super Bowl Host Committee before displaying temporary advertisements and signs.
