Free Speech
Midterm Polling, PayPal, and Patellas
Plus: The editors consider Ye and social media, then field a question about the TARP bailouts during the 2008 fiscal crisis.
Should Free-Speech Absolutists Defend Vandalism of Precious Artwork?
"Committing vandalism by soup to send a message about climate change may be 'expressive,' but attempting to destroy someone else's work of art crosses moral and legal boundaries."
Enes Kanter Freedom on China and Free Speech: 'This Is Bigger Than Basketball'
"While we are dribbling a ball on the other side of the ocean, people are losing their loved ones, losing their lives, and losing their hopes."
Activist Groups Demand Feds Require Nutrition Labels on Booze
Plaintiffs want the nanny state to nanny harder.
Union Group Tries To Bully L.A. Times Into Burying Racist Remarks
Plus: Copyright versus the internet, roofer helping rebuild hurricane-damaged Florida houses arrested for lack of Florida license, and more...
Yale Law School, Judge Ho, Neutrals, and Secondary Boycotts
Even when there's good reason to criticize universities, we should keep the students out of our battles.
The Problem With DeSantis' 'Stop WOKE' Act
The state can't really banish ideas, and it's dangerous to try.
Thoughts On Judge Ho's Clerkship Boycott
[This is a guest post by Prof. Jack Goldsmith of the Harvard Law School.]
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.”
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.
