Obvious Gripe Site Isn't "False Personation"
“We conclude no reasonable person would believe Plummer created a website describing himself as vexatious, incompetent, or dishonest.”
Free Speech
Kiwi Farms Is Back
The return of the trollish forum demonstrates the futility of bans on bad speech.
Court Rejects Avas Flowers' Libel Claims
"The allegedly defamatory nature of this statement is the implication that Plaintiff holds itself out as a local business when it is not. But truth is an affirmative defense to defamation under Delaware law, and the ... Declaration [submitted by Avas] does not deny that Plaintiff maintains call centers abroad in locations such as Mexico or Asia."
Libel Lawsuit by Blackwater Founder Erik Prince Against The Intercept Rejected
A federal court held that Prince was a public figure, and hadn't offered enough plausible allegations that the defendants knew the statements were false or likely false (the so-called "actual malice" showing).
FIRE Podcast on Free Speech and the Texas Social Media Law
The podcast is a debate between legal scholar Brad Smith and myself.
A Campus Pro-Life Group Faced Criticism. Now, It Demands That Its Detractors Be 'Reprimanded.'
Students for Life at George Mason University claims that another student organization defamed the group by criticizing its event that compared abortion to slavery and segregation.
District Court in Title IX Sexual Assault Case Rejects One-Sided Pseudonymity
"Plaintiff has sought to avail herself of the protections of anonymity (without prior Court order), all the while single-handedly precluding the Named Defendant from the ability to avail himself of similar protections."
Mocking the Police Is Not a Crime
A First Amendment case prompts The Onion to explain how parody works.
New Zealand P.M. Jacinda Ardern Peddles Government Censorship to an International Audience
The world’s politicians offer a friendly reception to attacks on free speech.
Writing About People Who Don't Want to Be Written About
How, if at all, should we try to be nice in an inherently not-nice occupation?
Court Refuses to Order Me to Remove References to Frequent Litigant from Law Review Article
My argument: "Petitioner Jane Doe—a frequent unsuccessful litigant—is asking this Court to impose unconstitutional prior restraint to prevent a law professor from writing about important, publicly available cases about pseudonymity."
The University of Idaho Tries To Force Faculty To Remain 'Neutral' on Abortion
The policy, released this week, places unconstitutional prohibitions on faculty speech.
Professor's Prior Restraint Lawsuit Against Collin College Can Go Forward
The professor, Joseph Michael Phillips, had spoken about Confederate memorials, race relations, a shooting, and masks.
YouTube Says Giorgia Meloni Video Was Removed in Error, Restores It After Inquiry
"Upon careful review, we determined this video is not violative of our Community Guidelines and have reinstated it," said a YouTube spokesperson.
A Parodist Asks SCOTUS To Let Him Sue the Cops Who Arrested Him for Making Fun of Them
The 6th Circuit ruled that qualified immunity prevented Anthony Novak from vindicating his First Amendment rights.
"One of the Side Effects of COVID-19 Is Litigation"; and in Litigation, as in Medicine, Delay Can Be Deadly
An appeal a day late (even if not a dollar short). [UPDATE: But there may be a lifesaving treatment!]
The University of Idaho General Counsel's Letter on Abortion
Justice Scalia, to the rescue.
The University of Idaho General Counsel's Letter on Contraceptives
I think the letter's analysis as to contraceptives is inconsistent with the statutes, and with a binding Supreme Court precedent.
For Florida Gov. Ron DeSantis, Political Stunts Are More Important Than Substance
Who cares if it’s legal if it generates politically advantageous outrage and attention?
Subreddit Gets Users To Call Texas Gov. Greg Abbott a 'Little Piss Baby' To Defy Content Moderation Law
Reddit users are protesting Texas' H.B. 20, which forces social media platforms to host speech they find objectionable.
In Purported Global First, Dutch City Bans Meat Ads
Haarlem lawmakers claim the ban will help fight climate change.
Germany's Criminalization of Online Offensiveness Shows the Perils of Weakening the First Amendment
A crackdown on insults, hate speech, and misinformation punishes dissenters who express themselves in ways that offend government officials.
First Amendment Limits on State Laws Targeting Election Misinformation, Part V
The need for a comprehensive strategy addressing election misinformation.
Packingham Jr.: Louisiana Court Upholds Ban on Certain Sex Offenders Using Many Social Media Sites
The relative narrowness of the law, the court concludes, distinguishes the law from the one struck down in Packingham v. North Carolina.
Biden-Backed DISCLOSE Act Would Dox Donors to Groups That Run Political Ads
Plus: Student drag shows are protected speech, a bank CEO rebuffs Rep. Rashida Tlaib, and more...
First Amendment Limits on State Laws Targeting Election Misinformation, Part IV
First Amendment implications for state laws targeting election speech.
Tennessee Tech Punishes Student Groups Who Hosted Drag Performances
Even though it might cause pearl-clutching, there is nothing obscene about drag shows.
First Amendment Limits on State Laws Targeting Election Misinformation, Part III
A First Amendment framework for analyzing restrictions on election-related speech.
The Government Can't Fix Social Media Moderation and Should Not Try
Democrats and Republicans both demand solutions that are inconsistent with the First Amendment.
First Amendment Limits on State Laws Targeting Election Misinformation, Part II
An overview of state efforts to combat election misinformation.
First Amendment Limits on State Laws Targeting Election Misinformation, Part I
Although the federal government has largely stayed out of regulating the content of election-related speech, the states have been surprisingly active in passing laws that prohibit false statements associated with elections.
