Free Speech
Public School May Hang "Black Lives Matter" Posters Without Displaying Other Viewpoints
The government gets to pick and choose which speech it displays on its property, and doesn't have to give others a right to reply (except in public fora, which don't include school walls).
Court Reduces $1.4M Verdict to $71.5K in #TheyLied Renaissance Faire Libel Case
Defendant had accused plaintiffs, "the King and Queen of [the Pittsburgh] Renaissance Faire," of failing to properly deal with allegations of sexual harassment, and of retaliating against sexual harassment victims; the jury found that the defendant knew the statements were false, or at least recklessly disregarded the risk of falsehood.
Court Rules in Favor of Pro-Life Protesters Arrested for Chalk Messages
While chalking on D.C. sidewalks and streets is illegal, the protesters say they were targeted for their beliefs.
Government Blocking of "Tornado Cash" Cryptocurrency-Related Service Was Legal, Didn't Violate First Amendment
So a federal court held Thursday.
First Amendment Protects Sign at University Saying "God Created Male and Female and Artemis Langford Is a Male"
Langford had been in the news for joining a sorority, which has caused a good deal of controversy at the University of Wyoming.
No Sealing of Plaintiff's Expunged Court Records That Are Central to Plaintiff's Libel Claim
"[T]he fate of Plaintiff's claims hinges to some extent on the truth or falsity of Defendant's statements regarding Plaintiff's conviction of a crime. Whether Defendant's statements are false—a determination that relies at least in part on Plaintiff's criminal records—is directly relevant to the public."
First Circuit Allows Police Officer Pseudonymity in Federal Lawsuit Over "Exculpatory Evidence List" Placement
I had asserted the contrary, arguing that the state allowance of pseudonymity in trying to get removal from the list didn't justify pseudonymity in a federal court lawsuit seeking damages for such placement; but the court disagreed.
Fani Willis Is Abusing Georgia's Terrible RICO Law
Trump and his acolytes' conduct was indefensible, but the state's RICO law is overly broad and makes it too easy for prosecutors to bring charges.
Was Biden's Social Media Meddling Illegal?
Join Reason on YouTube and Facebook on Thursday at 1:30 p.m. Eastern for a live discussion with Jay Bhattacharya and John Vecchione about their legal case against the Biden administration.
Illinois Court Rejects Claim for Group Libel of Poles Living During World War II Era
People may be able to successfully sue based on allegedly false and defamatory statements about themselves, or about very small groups of people that include themselves—but not based on statements about whole countries or ethnic groups.
Arizona's Public Universities Drop Controversial DEI Statements for Job Applicants
It may be part of a larger reassessment of subjecting all areas of life to ideological tests.
Plaintiff Professor's Losing Libel Lawsuit May Lead to His Former Lawyers Foreclosing on His Home
(Part of the fees also stemmed from defending against Ohio State's investigating his alleged research misconduct.)
By Trying To 'Move On,' DeSantis Admits His Fight With Disney Was a Political Stunt All Along
It was never a principled fight against special privileges granted to a private company.
Journal of Free Speech Law: "Freedom of Speech and AI Output," by Profs. Mark Lemley and Peter Henderson and Me
Just published, closing out our symposium on Artificial Intelligence and Speech.
D.C. Circuit Revives Viewpoint Discrimination Suit Against District of Columbia
The District allowed "Black Lives Matter" protestors to violate the city's defacement ordinance, but enforced the law against groups with a different political message.
The Battlefields of Cable
How cable TV transformed politics—and how politics transformed cable TV
Why Stripping Fox's Broadcast License Is a Terrible Idea
Plus: A listener inquires about the potential positive effects of ranked-choice voting reforms.
Cops Invented a Reason To Cite Man Who Flipped Them Off
Body camera footage shows that Delaware police cited Jonathan Guessford for flipping them off, even though they later agreed it was his right to do so
Owner of Kansas Newspaper Dies Amid 'Shock and Grief' After Police Raid
Plus: New Zealand libertarianism, Barbie economics, and more...
Journal of Free Speech Law: "Where's the Liability in Harmful AI Speech?," by …
Profs. Peter Henderson, Tatsunori Hashimoto, and Mark Lemley, just published in our symposium on Artificial Intelligence and Speech; more articles from the symposium coming in the next few days.
Journal of Free Speech Law: "Generative Artificial Intelligence and Trade Secrecy," by Prof. David S. Levine
Just published, in our symposium on Artificial Intelligence and Speech; more articles from the symposium coming in the next few days.
Journal of Free Speech Law: My "Large Libel Models? Liability for AI Output"
Just published, in our symposium on Artificial Intelligence and Speech; more articles from the symposium coming in the next few days.
A Louisiana Man Was Jailed for Criticizing Police. A Federal Court Wasn't Having It.
The decision supports the notion that victims are entitled to recourse when the state retaliates against people for their words. But that recourse is still not guaranteed.
Journal of Free Speech Law: "The European Liability Regime For Large Language Models"
"Is It a Platform? Is It a Search Engine? It's Chat GPT!," by Prof. Beatriz Botero Arcila, just published in our symposium on Artificial Intelligence and Speech; more articles from the symposium coming in the next few days.
Journal of Free Speech Law: "An AI's Picture Paints a Thousand Lies: Designating Responsibility for Visual Libel,"
by Prof Jon M. Garon, just published in our symposium on Artificial Intelligence and Speech; more articles from the symposium coming in the next few days.
Journal of Free Speech Law: "Bots Behaving Badly: A Products Liability Approach to Chatbot-Generated Defamation,"
by Prof. Nina Brown, just published in our symposium on Artificial Intelligence and Speech; more articles from the symposium coming in the next few days.
Review: The Peculiar Politics of Killer Mike
The rapper is a Bernie Sanders supporter who speaks out about gun rights and free speech.
Journal of Free Speech Law: "Section 230 Won't Protect ChatGPT," by Prof. Matt Perault
Just published, in our symposium on Artificial Intelligence and Speech; more articles from the symposium coming in the next few days.
Political Activist Brandon Straka Loses Jan.-6-Related Libel Lawsuit Against NBC
"The material challenged in the plaintiff's complaint cannot be understood by a reasonable person as anything but substantially, if not literally, true."
