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.
Free Speech
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.
Elon Musk Kicks Tech Journalists, Mastodon Off Twitter
Plus: Sen. Mike Lee wants to remove First Amendment protections for porn, IRS doxxes taxpayers, and more...
Sifting Through the Twitter Files: Live With Nick Gillespie and Zach Weissmueller
Join Reason on YouTube and Facebook at 1 p.m. Eastern for a live analysis of the internal Twitter documents recently published by Matt Taibbi, Bari Weiss, and Michael Shellenberger.
Bipartisan Bill To Ban TikTok Is Unworkable and Unnecessary
Plus: Justin Amash and Jane Coaston talk about the Libertarian Party, a fatal flaw in anti-vaping studies, and more...
Elon Musk Should Take a Clear Stand Against Censorship by Proxy
The most disturbing aspect of the “Twitter Files” is the platform’s cozy relationship with federal officials who demanded suppression of speech they considered dangerous.
Merchants of Death, Swaps, and Shake-ups
Plus: The editors briefly celebrate a noteworthy shake-up in the Senate.
No Gag Order Against Extrajudicial Commentary in AR-15-Related Intellectual Property Case
"Armory correctly notes the InRange Video and Recoil Article are accessible "to millions of people," as is anything posted publicly on the internet. Nonetheless, Armory fails to show the InRange Video or Recoil Article reached members of the potential jury pool, let alone irreparably tainted them."
Twitter Files: FBI, DHS Reported Tweets for Election Misinformation
Content moderators had "weekly confabs" with law enforcement officials, reports Matt Taibbi.
"Free Speech, Same-Sex Marriage, and Anti-Discrimination Laws"
A podcast conversation on 303 Creative between Joshua Matz and me, hosted by Jeffrey Rosen.
Adam Schiff Attempts Censorship by Proxy, 'Demanding Action' To Suppress 'Hate Speech' on Twitter
Instead of debating whether the platform has been flooded by bigotry, Elon Musk should tell the congressman to mind his own business.
Pseudonymity for Would-Be Lawyer Seeking Extra Time on Bar Exam for "Mental Health" Reasons
Among other things, the court concludes that, "given that Plaintiff alleges that his 'personal background as an Arab-American and Muslim' was in part responsible for his lack of a traditional diagnosis of ADHD, his personal background may make him particularly vulnerable to the harms of disclosure."
Bari Weiss Twitter Files Reveal Systematic 'Blacklisting' of Disfavored Content
Twitter employees have indicated that shadow banning—at least by some definitions—is both real and common.
No Pseudonymity for Plaintiff in Action Claiming Florida Discriminates Based on Race in Funding Universities
Plaintiff "has alleged nothing suggesting he has any greater basis to fear retaliation than the plaintiffs in most discrimination cases."
School District Must Release E-Mail List of Parents to Whom It Sent Various Ideological Advocacy Messages
"[T]he District wants to be able to use government resources to collect and utilize these e-mail addresses to promote and advance the particular 'community outreach' issues and positions of District (government) leaders while denying others in the community the opportunity to utilize the e-mail addresses to share differing viewpoints."
Journal of Free Speech Law: "Hate Speech, Holy Prophets, and Human Rights: The Struggle for Free Speech from 1945–2021,"
by Jacob Mchangama (Justitia), Heini Skorini (Univ. of Faroe Islands) & Mathias Meier (Justitia).
