Free Speech
Jury Awards Johnny Depp $15 Million in Lawsuit Against Amber Heard
Heard won $2 million on one of her counterclaims.
ACLU Would Like You To Ignore Partisan Activism, Mission Drift
National Legal Director David Cole insists that the critics are wrong, but he fails to contend with much of the substance of their critiques.
Texas Can't Start Enforcing Social Media Law, Says SCOTUS
Plus: Who's bringing fentanyl across the border? Will Austin become a sanctuary city for abortion? And more...
Thoughts on the Supreme Court's Reinstatement of the Preliminary Injunction Against the Texas Social Media Law
The ruling is not a final decision on the merits. But it likely signals that at least five Supreme Court justices believe the law is unconstitutional.
Supreme Court Reinstates Stay of Texas Social Media Law (Pending Appeal); Justices Alito Dissents
Justices Thomas and Gorsuch join Justice Alito's dissent, and Justice Kagan disagreed with the majority without opinion. This is not a decision on the merits of the law, but Justice Alito's dissent notes why the answer to the merits question is "quite unclear."
Destroying Islamic Fundamentalism With Books
Ideas Beyond Borders is bringing ideas about pluralism, civil liberties, and critical thinking to hotbeds of Islamic extremism.
Does Pulling Funding from CUNY Law School Because of School's Anti-Israel Resolution Violate First Amendment?
$50K in funding was withdrawn by a Brooklyn councilwoman, and transferred to a different organization.
City Can Choose What Gets Painted on City Roadways
Painting "Black Lives Matter" doesn't require New York to allow other groups to paint other slogans.
Obscenity (Including as to Minors) and "the Work Taken as a Whole"
An isolated sexually themed passage, even a graphic one, doesn't make a work obscene.
Why Isn't Johnny Depp v. Amber Heard Foreclosed by Depp's Loss in an English Libel Case?
It's chiefly because Virginia doesn't recognize nonmutual collateral estoppel, of course!
Excluding Public from Area of Homeless Encampment Sweeps Violates the First Amendment
So a district court held Tuesday.
Psst, Kids, "Court of Mist and Fury" Is Too Sexy for You!
You absolutely, positively shouldn't be allowed to read it. Definitely forbidden.
Va. Judge Finds Probable Cause That "Court of Mist and Fury" and "Gender Queer" Are "Obscene for … Minors"
This finding is now being used as a basis for seeking a restraining order banning Barnes & Noble from distributing the books to minors. Is that constitutional?
"Judge Dismisses Bogus Defamation Lawsuit Against Foxconn Critic"
The Institute for Justice, which represented the critic, so reports.
Tennessee Court Expresses Doubt About Whether Anti-Libel Injunctions Are Allowed Under Tennessee Law
The underlying lawsuit was brought by Mickell Lowery, a Commissioner for Shelby County (which contains Memphis)—and son of longtime Memphis City Councilman Myron Lowery, who had also briefly served as Mayor—over allegedly libelous statements during his election campaign.
Court Preliminarily Enjoins New York's Limits on Unauthorized Practice of Law,
as applied to "program that would train non-lawyers to give [free] legal advice to low-income New Yorkers who face debt collection actions" about how to "fill out checkboxes on a one-page answer form provided by the State."
The DOJ Says a Man Whose Record Was Expunged Still Must Register As a Sex Offender, Which Is Impossible
A federal lawsuit argues that the department's regulations violate due process, the separation of powers, and the First Amendment.
Faisal Saeed Al Mutar, Melissa Chen: Bringing Enlightenment Values to the Middle East
The co-founders of Ideas Beyond Borders talk about bringing Steven Pinker and John Stuart Mill to an audience dying for them.
Coach Can't Be Fired Just for Publicly Criticizing School's "Diversity, Equity, Inclusion" Turn, But Can Be …
fired for doing so in a way that includes a "personal ... attack on [the superintendent's] integrity.
Is It Too Much To Ask That Politicians Know What They're Talking About?
The answer to “Why should these people go to prison?” should not be ill-informed gibberish.
No Pseudonymity or Sealing in "Campaign" by "Serial Litigator" "to Conceal His Litigation History"
"Plaintiff's behavior may make it more difficult for other courts (and the public) to find his litigation history, which could act to conceal future vexatious litigation or behavior."
He Heckled a District Attorney on TV. Now He Faces 10 Years Behind Bars.
On Wednesday, a Massachusetts judge will decide whether Joao DePina will face the possibility of a decade behind bars for publicly criticizing a district attorney.
Federal Judges Block Parts of Florida Law That Force Social Media To Carry Political Messages
A new ruling says Twitter and Facebook are not “common carriers" and thus cannot be forced to carry politicians' messages.
Slurs Posted from High School Campus Can Be Punished Even If They Aren't "Disruptive" or "Fighting Words"
The result might have been different "if plaintiff's speech had occurred off-campus."
He Was Arrested for Criticizing the Cops. A Federal Court Says He Can Sue.
Jerry Rogers Jr. complained that police hadn't solved a murder yet—and found himself in a jail cell.
Court Declines to Enter TRO Ordering Defendants to "Retract … Complaints … to Amazon"
The court so holds as a matter of the law of remedies, though I think such an order would generally be an unconstitutional prior restraint as well.
Mainstream Political Argument Forbidden "in the Modern Public Square" of Facebook
Sen. Marsha Blackburn's "Biological men have no place in women's sports" post was apparently blocked as "hate speech."
Court Upholds Denial of Restraining Order for "Online Rants That [We]re False" About Petitioner
The trial court reasoned: "You guys ... have a spat on Facebook.... Nobody cares about these s[p]ats. Just block them and move on."
U.S. Senate Candidate Alan Grayson Loses Libel Lawsuit
Criticism of Grayson (who's now running in the 2022 Florida Senate primary) in his losing 2018 House campaign was based on "articles by independent, reputable sources," and there wasn't clear and convincing evidence that the defendants knew their statements were false or likely false (the so-called "actual malice" standard).
Republicans Defend Texas Social Media Law—and Compelled Speech
Plus: Twitter defends user anonymity, Oklahoma legislature approves abortion ban, and more...
Thomas Massie Has a Point When He Says Congress' Antisemitism Resolution Has a Free Speech Problem
Massie was the only House member to vote against a resolution demanding social media companies do more to track and suppress antisemitic content.
