Free Speech
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.
Court Rejects Lawsuit Against Teacher's Aide Who Criticized Student Who Had Committed Suicide
The student's mother alleged that he had been bullied and the school district had done nothing to protect him; the teacher's aide responded in an online public discussion, saying (among other things) that the student had been doing the bullying; the parents sued.
"May Be The Most Helpful Brief I've Ever Read,"
said Judge Vince Chhabria (N.D. Cal.) about this amicus brief from Paul Alan Levy (Public Citizen) and Phillip R. Malone of the Juelsgaard I/P and Innovation Clinic (at Stanford).
Nina Jankowicz's Faulty Record, Not Her Critics, Doomed the Disinformation Board
And The Washington Post's wildly one-sided account of Jankowicz's fall was an exercise in government PR.
Does the First Amendment Bar Public Schools from Removing Library Books Based on Their Viewpoints?
The Supreme Court split on this 4-4 in 1982, and the matter remains unsettled.
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.
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.
