Free Speech
Lawyer's Letter to School Seeking Money for Long-Past Alleged Sexual Abuse by Ex-Teacher May Be Libelous,
notwithstanding the “litigation privilege,” if the statute of limitations has long passed and there is therefore no reasonable prospect of meritorious litigation.
"No One Knows What the Jury Will Make of the Parties' Social-Media Slings and Arrows"
Advice from a judge to the litigants in a libel case.
Dismissed Professor vs. Student Libel Lawsuit Leads to Sanctions Requests, Denied All Around
"The statements include that Hubbard ... has been 'advocating for pederasty (pedophilia) for as long as he has taught at the University of Texas.'"
N.C. Supreme Court Holds "True Threats" Exception Requires Purpose to Threaten,
and remands for retrial as to whether such a purpose would be shown.
Plaintiffs from Conservative Religious Groups Have More Right to Proceed Pseudonymously in Sex Assault Lawsuits
Four courts have recently said yes, in cases brought by conservative Muslims and Christians.
Dominion Voting Libel Suit Against Fox News Can Go Forward
"Dominion's well-pleaded allegations, however, support the reasonable inference that Fox's reporting was not accurate or dispassionate."
"I Despise White People" Lawsuit Against OSU Can Go Forward
A white administrator is claiming she was fired based on her race, and based on her complaints that her department chair said "I despise white people" and various other things.
Gen. Michael Flynn's Brother v. CNN Lawsuit Over Allegations of Being a "QAnon Follower"
can go forward as to the "false light" claim, but not as to the libel claim (at least unless the plaintiff can amend his Complaint to adequately allege specific economic losses).
Magistrate Judge Expresses Concerns About DOJ's Not Explaining How It's Complying with Policy Related to Getting Information from News Media
“The events of January 6th were an attack on the foundation of our democracy. But this does not relieve the Department of Justice from following its own guidelines, written to preserve the very same democracy.... [This case] leaves the court to wonder who watches the watchmen.”
University of Florida Suppresses Speech Ron DeSantis Might Not Like, Report Alleges
Keeping professors from testifying in lawsuits isn't the school's only free speech problem
Veterinarian's Advice May Be Protected by First Amendment
Federal district court holds that the First Amendment sharply limits restrictions on such professional-client speech, at least when the speech doesn’t involve “prescribing medication or reaching a diagnosis.”
Pre-Enforcement Constitutional Challenges
There's no general federal right to them; they are often available when a law is enforced by government officials, but generally not as to laws in which private citizens sue (whether over abortion, speech, religious exercise, gun ownership or sales, or anything else).
The ACLU's Push To 'Cancel' Student Debt Shows How Far It Has Strayed From Defending Civil Liberties
The organization's embrace of a wide-ranging progressive agenda undermines its reason for existing.
California Stops Requiring Academic Prerequisites for Horseshoeing Schools
The change stems from a First Amendment case brought by the Institute for Justice, a leading libertarian public interest law firm.
Religious Freedom Doesn't Bar Discovery in Libel Case By High-Level N.H. Catholic Priest Against Dissenting Group
“The Very Reverend Georges F. de Laire, J.C.L., who serves as the Judicial Vicar and the Vicar for Canonical Affairs for the Diocese of Manchester, brings a defamation claim against Gary Michael Voris, Anita Carey, and St. Michael’s Media, Inc. a/k/a Church Militant.”
Showing "20 Shocking China Facts You Don't Know" Video in Class Led to Firing of Minnesota Teacher,
though an arbitrator reduced this to a 40-day suspension.
Teacher Suspended Partly for Quoting (on Personal Facebook Page) Bernie Sanders' "Woman … Fantasizes Being Raped" Essay
"The undersigned finds that despite Mr. Caggiano's belief that his post makes an important point [criticizing] Bernie Sanders, the undersigned finds that it can be logically read to be patently offensive, discriminatory, and degrading to women."
"Trouble Brewing [at Yale] After 'Dehumanizing' Artisanal Coffee Remark"
"The letter condemns Satel for having 'the audacity to challenge Reverend Al Sharpton, an exemplary individual and activist.'"
RIP Phil Harvey, Entrepreneur and Philanthropist Who Expanded Human Pleasure and Human Choice
Harvey, who died last week, dedicated his life to supporting human pleasure along with the power to manage it responsibly.
Zoom Conversation Today (Noon Pacific) with Nadine Strossen, Former ACLU Head
The conversation will be about Prof. Strossen's Journal of Free Speech Law article, "The Interdependence of Racial Justice and Free Speech for Racists," and it will be with Profs. Jane Bambauer, Ash Bhagwat, and me.
Zoom Workshop on Prof. David McGowan's Forthcoming "A Bipartisan Case Against New York Times v. Sullivan"
A discussion with Prof. RonNell Andersen Jones (Utah), two noted media lawyers and clinical teachers (Prof. Dale Cohen, UCLA, and Prof. Gregg Leslie, Arizona State), and me about this forthcoming Journal of Free Speech Law article.
234 Million Reason TV Fans Can't Be Wrong! Support Our Video Journalism!
Our videos make the case for "Free Minds and Free Markets" to millions of people a year.
Here Is Why a Federal Judge Blocked Enforcement of the Texas Social Media Law
Gov. Greg Abbott attacks First Amendment rights in the name of defending them.
Connecticut "Racial Ridicule" Ban Challenged in Federal Court
The law is unconstitutional as written—but it has also been used by prosecutors far beyond its specific terms.
§ 230 and the Civil Rights Modernization Act
My testimony today before a House Subcommittee on Communications & Technology hearing on proposed revisions to § 230.
§ 230 and the Protecting Americans Against Dangerous Algorithms Act
My testimony today before a House Subcommittee on Communications & Technology hearing on proposed revisions to § 230.
§ 230 and the SAFE TECH Act
My testimony today before a House Subcommittee on Communications & Technology hearing on proposed revisions to § 230.
§ 230 and the Preserving Constitutionally Protected Speech Act
My testimony today before a House Subcommittee on Communications & Technology hearing on proposed revisions to § 230.
§ 230 and the Justice Against Malicious Algorithms Act
My testimony today before a House Subcommittee on Communications & Technology hearing on proposed revisions to § 230.
Plaintiffs Seeking Religious Exemption from Private Employer's Vaccine Mandate Allowed to Proceed Pseudonymously
"Given the charged atmosphere concerning vaccinations and vaccine mandates, and for the other reasons discussed above, the Court is persuaded that this is the rare case where a party should be permitted to proceed pseudonymously."
Journal of Free Speech Law Panel on Regulating Social Media Platforms Tomorrow (Wednesday) at 11 am Pacific
It's with Profs. Jack Balkin (Yale), Daphne Keller (Stanford), and Mark Lemley (Stanford), moderated by Jane Bambauer (Arizona).
When Does Government "Fairly Represent" Public Interest Groups' Views, Thus Barring Them from Intervening?
An important and interesting question, arising here as to Title IX, free speech, and due process, but relevant more generally as well (and now pending before the Supreme Court).
