Free Speech
"What My Grandparents' Experience in the Holocaust Taught Me about the First Amendment"
A Cato panel with Judge David Stras (8th Cir.), with some comments from me (on the other side of the Operation Barbarossa front line).
Netflix Staff Apparently Unaware That Dave Chappelle's Comedy Special Would Include Jokes
No one is safe from Chappelle's jokes—but also, everyone is safe from Chappelle's jokes.
Don't Use the Term 'Trap House' in Your Party Invite at Yale Law School
Administrators attempted to force an apology out of a second-year law student whose Federalist Society affiliations and use of the term "trap house" were "triggering" to his peers.
$400K Libel Judgment in Lawsuit Over Statements During Election Campaign
Such libel cases aren't easy to win, but sometimes they can indeed be won.
No Heckler's Veto: Fear of Violent Reaction to Speakers' Views Can't Justify …
denial of access to government property, even in a "nonpublic forum" or "limited public forum"
Radically Incomplete Reports of Legal Proceedings as Libels
A new short article of mine, calved off my duty-to-take-down-libels article; I'd love to hear feedback, especially suggestions for a clearer title.
Court Orders #MeToo Plaintiff Not to Mention Defendant's Name in Public
The unusually named case is Doe v. Anonymous #1, now pending in Brooklyn state trial court.
MIT "Could Not Tolerate That a Scientist Be Permitted to Speak About His Uncontroversial Research"
"after daring to express unrelated views that, although controversial, happen to be held by a majority of the American public."
Former Oklahoma U Volleyball Player's First Amendment Claim Can Go Forward
Kylee McLaughlin is claiming coaches engaged in "pressure and retaliation ... due to her political beliefs and her reactions to claims of racism," because of the coaches' "political or social justice beliefs, including support for critical race theory, opposition to President Trump, and a belief that white persons like plaintiff are privileged and racist."
Ohio Court Refused to Block Stephanie Grisham from Repeating Allegations Against Congressional Candidate, Ex-Trump Staffer Max Miller
Miller had asked the court to issue a temporary restraining order; no, said Judge Emily Hagan (Cuyahoga County Court of Common Pleas).
Emerson College Suspends Student Group for Distributing "China Kinda Sus" Stickers
Criticism of a foreign country (or at least this foreign country) is now apparently forbidden by Emerson.
Government Keeps Trying To Censor This Brewery. The Owner Isn't Having It.
"Do you really want to live in a country where government bureaucrats, based on whim and personal preference, can censor whatever they don't like?"
Instagram's Effect on Teens Gives Congress the Latest Pretext To Put Tech on Trial
Plus: California can't limit private prisons, Yellen dismisses bank privacy concerns, and more...
Interesting Unsealing Decision in NXIVM Sex Cult Case
Supportive letters submitted by the defendant at sentencing can’t remain secret.
"The Court's Business Is Done in Public"
"regardless whether the motion [to seal] is opposed or unopposed."
Are These Wyoming Library Books Obscene?
Plus: Most Republicans oppose fetal heartbeat laws, FDA authorizes rapid at-home COVID-19 tests, and more...
Supreme Court Declines To Hear Louisiana's Defense of a Law That Stamped 'SEX OFFENDER' on Driver's Licenses
The policy imposed an additional form of ritual humiliation on a reviled category of people without any plausible public-safety justification.
Denials of Professional Licenses Based on Past Social Media Posts
Joshua Gray was denied a Maine private investigator license on the ground that his past posts erred in criticizing a Maine State Police lieutenant; we’ve filed an amicus brief supporting the petition asking the Supreme Court to review the matter.
Ex-Wife Criminally Punished for Talking to Newspaper About Her Police Sergeant Ex-Husband
The court concluded that the conversation violated a previous order barring the ex-wife "from making any other public allegations against the Petitioner, Joe Stark, on social media (on any platform) or to his employer which may affect Petitioner's reputation or employment."
"What If Trigger Warnings Don't Work?"
"New psychological research suggests that trigger warnings do not reduce negative reactions to disturbing material—and may even increase them."
'Equity,' 'Multiculturalism,' and 'Racial Prejudice' Among Concepts That Could Be Banned in Schools by Wisconsin Bill
A bill touted as banning "critical race theory" in schools would actually ban a huge array of speech around culture, race, and sex, its sponsor says.
Draft of Proposed Amicus Brief in Anti-Libel Injunction / Society for Creative Anachronism Case
Should I file it in a Gothic font?
The First Amendment and Restrictions on "Off-Site" Signs
Here’s an amicus brief our UCLA First Amendment Amicus Brief Clinic just filed, on behalf of the Cato Institute.
The Texas Social Media Law Is Blatantly Unconstitutional
Government restrictions on private editorial discretion violate the First Amendment.
Cops Get Qualified Immunity After Jailing Florida Man for 'I Eat Ass' Bumper Sticker
Dillon Shane Webb will thus not be able to sue for the alleged violation of his free speech rights.
Everybody Is Wrong About Big Tech
Robby Soave doesn't like it when social media deplatforms users, but the far bigger threat comes from lawmakers on a mission.
Judge Explains First Amendment Basics to Wisconsin Sheriff Who Threatened Teen with Jail for Instagramming Her COVID Infection
No, law enforcement and school officials cannot order students to remove posts about exposure to the coronavirus.
"I Eat Ass" Bumper Sticker Might Be Obscene and Thus Constitutionally Unprotected
So holds a district court, concluding that the law is unclear enough that a police officer was entitled to qualified immunity based on his arresting a man for the sticker.
Sheriff Violated First Amendment by Ordering Teen to Take Down Post Saying She Had COVID
“Defendants may have preferred to keep Marquette County residents ignorant to the possibility of COVID-19 in their community for a while longer, so they could avoid having to field calls from concerned citizens, but that preference did not give them authority to hunt down and eradicate inconvenient Instagram posts.”
Libel in the Society for Creative Anachronism
An interesting example of libel that harms reputation within a social community, rather than professional or business reputation.
Government's Frivolous, Retaliatory Demand for Critic's Business Records May Violate First Amendment
"When ordinary people without legal training receive a demand from a government agency to produce tax returns and evidence justifying their business activities, a natural reaction is some degree of apprehension and defensiveness. Such concern is sensible because the transaction costs of dealing with a government investigation are never zero."
