New York's Governor Wants to 'Silence' Constitutionally Protected Speech
In response to the Buffalo massacre, Gov. Kathy Hochul invoked a hoary analogy to justify censorship.
Free Speech
Special Signage Requirement for "Trans-Inclusive" Restrooms Unconstitutionally Compels Business's Speech
So holds a federal district court today; striking down a Tennessee statute.
Florida Bans Residential Picketing with "Intent to Harass or Disturb" -- but What Exactly Does That Mean?
A content-neutral ban on all residential picketing would be constitutional; but the "intent to harass or disturb" limitation may make the law unconstitutional or ineffective.
Repulsive Replacement Theory and Economic Delusions
Plus: The editors each point out one key disagreement they have with one another.
Why the Texas Social Media Law is a Menace to Freedom of Speech
The law forces social media firms to host and promote speech they oppose, and would set a dangerous precedent if upheld by the courts.
The First Amendment Protects the Right To Put a Tiny Penis on a Beer Label
A federal judge ruled Monday that North Carolina bureaucrats violated the Constitution when they tried to ban a Flying Dog beer over a possible penis on the label.
New York Gov. Kathy Hochul Blames the Buffalo Shooting on Social Media
"It's all induced by the internet," she said.
Grandmother of Dead Child May Post Child Protection Services Documents That Are Confidential Under State Law,
but that she received from the lawyers for the man accused of killing him.
Linking Fired Women's Gymnastics Coach to Sex Abuser Larry Nassar Could Be "Libel by Implication"
So the Michigan Court of Appeals held Thursday, in a case brought by the former head women's gymnastics coach at Central Michigan University.
Netflix Adds 'Artistic Expression' Policy, Says It Will Not 'Censor Specific Artists'
"If you’d find it hard to support our content breadth, Netflix may not be the best place for you," the company tells employees.
Ninth Circuit Upholds Dismissal of Arizona State's Trademark Lawsuit Over ASU_Covid.Parties Instagram Account
The account posted items such as (in mid-2020), "ASU: No More Social Distancing. No More Masks. It Is Time to Party!"
Libel Lawsuit Over Investigation of Alleged Slur at Polo Match Dismissed
The U.S. Polo Association investigation exonerated the plaintiff, but the plaintiff still sued the USPA for libel.
Don't Trust Biden's Dystopian 'Disinformation Board'
A "disinformation" board sounds like something from a dystopian novel.
"South Africa the Model? A Comparative Analysis of Hate Speech Jurisprudence …
of South Africa and the European Court of Human Rights."
Elon Musk Has Good Reasons for Wanting To Reverse Twitter's Trump Ban
Plus: A democratic socialist running for office is caught up in a MeToo witch hunt, inflation woes continue, and more...
Divorce Agreement Provision Requiring "Great Care Prior to Introducing" Child to Their Lovers
held to be vague and therefore unenforceable.
Elon Musk Is a Wild Card. Good.
Comparing Elon Musk and Barack Obama underscores why entrepreneurs, not politicians, are the more effective agents of social change.
Sen. Warren's Asking Amazon to Stop Carrying Robert F. Kennedy Jr.'s COVID Book Likely Not Unconstitutional
So a federal judge held yesterday.
Sanctions Against Lawyer for Filing Unfounded Libel Lawsuit
Not even under an anti-SLAPP statute—rather, under a statute allowing sanctions for "frivolous conduct in filing civil claims."
Netflix Gets Discovery of Grand Jury Materials in Challenge to Prosecution Over Cuties
"Netflix alleges that Tyler County’s District Attorney, Lucas Babin, is 'abusing his office' through a 'singular and bad-faith effort' to maliciously prosecute Netflix in violation of the United States Constitution and in retaliation against Netflix for exercising its First Amendment rights."
Rep. Marjorie Taylor Greene Not Disqualified from Federal Office
So Georgia Administrative Law Judge Charles R. Beaudrot ruled yesterday.
Some More on Expert Witnesses in Libel Lawsuits
Former Congressman Alan Grayson, now running for the Senate in Florida, is producing some interesting caselaw.
Court Dismisses Lawsuit Against Trump for His Use of the Terms "Chinese Virus" and "Kung Flu"
"No matter how deplorable the plaintiff finds the defendant's remarks, the First Amendment precludes civil liability for the remarks in order to protect the right to free and robust debate on matters of public concern, which the origin of the SARS-CoV-2 virus plainly is."
Residential Picketing in Virginia (Outside a Justice's Home or Otherwise)
A state law bans it -- but that law is very likely unconstitutional (though a different version of such a ban would have been constitutional).
Gov. Polis Wants You…To Be in Charge of Your Own Life
The libertarianish Colorado Democrat is devolving decision-making to parents and trying to lower the income tax to zero.
Pennsylvania Appellate Court Allows Preliminary Injunction Against Repeating Material Found Likely Libelous,
cutting back on what seemed like a categorical prohibition on anti-libel injunctions from a 1978 Pennsylvania Supreme Court case.
Libel to Lay Out Facts About Law Clerk's Writings and Associations, and Say Clerk Is Thus Likely the Leaker?
Very likely no, if the clerk is domiciled in D.C. or Maryland (and pretty likely no if in Virginia), if the stated factual background is accurate.
The Satanic Temple: If Christians Can Raise Flag at Boston City Hall, We Can Raise Ours Too
Plus: The push to abolish the Senate, Feds hike interest rates by 0.5 percent, and more...
Was Censorship the Greatest COVID Threat to Freedom?
It wasn't just autocrats who were frequently tempted to address "fake news" about the pandemic through state pressure and coercion.
D.C. Police Department Allegedly Has Policy of Delaying/Denying FOIA Requests That May Lead to Criticism
A district court just allowed a First Amendment challenge to this policy to go forward.
The Biden Administration Sees Free Speech As a Public Menace
The alarm aroused by the Disinformation Governance Board is understandable given the administration’s broader assault on messages it considers dangerous.
Cops Who Arrested Man Over Fake Facebook Page Get Qualified Immunity
Anthony Novak's arrest and subsequent lawsuit set up a debate around overcriminalization and free speech.
