Free Speech
Court Strikes Down Ban on "Encourag[ing] or Induc[ing] an Alien to Come, Enter, or Reside" in the U.S.
The majority reads the statute broadly, and holds it's unconstitutionally overbroad; the dissent would read it more narrowly, as limited to constitutionally unprotected solicitation of specific criminal conduct.
Noah Rothman: The Progressive War on Fun
A conservative argues today's left is channeling Puritan theocrats when they try to prevent us from enjoying ourselves. Is he correct?
Interesting Defendant Anonymity Opinion in Trademark / Parody / Gun 3-D Printing Controversy
And, even more exciting, there’s personal jurisdiction thrown in.
FCC Exceeded Authority in Requiring Broadcasters to Check Sponsors Against Government's Foreign Agent Lists
The D.C. Circuit so held, concluding that the FCC regulation exceeded its powers under the federal Communications Act.
Sig Sauer Libel Suit Bumped from N.H. to Connecticut
A good illustration of how many courts deal with personal jurisdiction in libel cases.
Dungeons & Defamation: Role-Playing Game Convention Libel Case Can Go Forward
Good thing Zak Smith had lawyer characters with 18 Tort Law Acumen.
When 'Pro-Life' Becomes 'Pro-Censorship'
Antiabortion activists are the new Anthony Comstocks.
2d Cir.: Identifying Dissident for Saudi Government Isn't Negligent
Is negligently providing information to a dangerous person comparable to negligently entrusting a gun to a dangerous person (assuming a reasonable person would have realized the person was dangerous)?
Trans Author Jennings' I Am Jazz Is One of the Most Banned Books in the U.S.
The book may never achieve the cultural recognition of some other top censorship targets, but the fight over I Am Jazz symbolizes America's trans moral panic.
New Japanese Law Makes 'Online Insults' a Jailable Offense
Dedication to free speech is in short supply around the world, with Britain and Canada previously considering similar bills.
The Dangerous Lesson of Book Bans in Public School Libraries
An obscure Supreme Court case provides a roadmap through the curricular culture war.
China Kinda Sus: Indictment for "Transnational Repression Scheme to Silence Critics" of China in U.S.
Defendants include a DHS employee and a retired DHS law enforcement agent.
The Clarence Thomas Court Is Good News for Gun Rights, Bad News for Criminal Justice Reform
Like it or not, the Thomas Court is here.
Court Rules for Student Free Speech as to Off-Campus "Me and the Boys Bout to Exterminate the Jews" Post
“Defendants cannot claim a reasonable forecast of substantial disruption to regulate C.G.’s off-campus speech by simply invoking the words ‘harass’ and ‘hate’ when C.G.’s speech does not constitute harassment and its hateful nature is not regulable in this context.”
Two Cases Reject Pseudonymity for Porn Copyright Infringement Defendants
The split in the cases grows.
Elected Official vs. [Chocolate] Dick At Your Door
Ventura County Supervisor Linda Parks sues a company that's in the business of delivering "chocolate Dick[s]," "offensive 5 inch chocolate phallus[es] with no redeeming social qualities, whatsoever."
When Spiegelman's Maus Was Challenged, Sales Spiked
How school board members lashed out against dirty words
Threatening to Disclose That Someone Had Been Molested Isn't Criminal Harassment (in N.Y.)
Plus a nice catalog of how high the bar can be for punishable threats under New York law.
India Wants Twitter To Participate in Government Censorship
Social media platforms may marginally support free speech. Government censors are trying to stop that.
Good Thing the United Cajun Navy Apparently Has a JAG Corps
An interesting threats case, from the Louisiana Court of Appeal
How Would You Change the Constitution?
I asked scholars, podcasters, and passersby how they'd change the nation's founding charter. Here's what they told me.
Brian Doherty: From MAD Magazine to Maus
A new history, Dirty Pictures, explores how underground comix revolutionized art and exploded censorship once and for all.
National Constitution Center Releases Reports on "Restoring the Guardrails of Democracy"
The project includes reports by conservative, libertarian, and progressive teams. I am coauthor of the Team Libertarian report.
Lawsuit by Tara Reade (Who Accused President Biden of Sexual Assault) Against N.Y. Times Dismissed
Reade sued over the Times' including a portion of her social security number in a photo of her federal identification card accompanying a story. A federal court has rejected her claim, and she may also be required to pay the Times' legal fees.
Slippery Slope Arguments in History: The 1950s and Restrictions on Communist Speech
"Nevertheless, this Court still sits!"
Another Decision Against Sealing Records in Libel Cases
Litigating defamation claims "in secrecy to avoid any potential embarrassment to" their subjects "directly contradicts the presumptive right of public access to pleadings and judicial proceedings."
S. Ct. Marshal Asks for Enforcement of Md. Residential Picketing Ban; but that Ban Is Likely Unconstitutional
But the Montgomery County residential picketing ordinance, also mentioned in the marshal's letter, is likely fine.
