Free Speech
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.
The Disinformation Panic
This “unprecedented crisis for democracy” is neither unprecedented nor a crisis for democracy.
Sign Restriction That Excludes Holiday Signs Is Unconstitutionally Content-Based
A “30-by-50-foot flag saying, ‘TRUMP 2020 Keep America Great’” was therefore wrongly forbidden by the City of Buffalo (Minnesota).
Why Did Pandemic Authorities Treat Tattoo Shops Like Titty Bars?
"Government restrictions came in, which literally shut us down," says Paul Smith, who co-owns Red Stag Tattoo in Austin, Texas.
Boston Can't Exclude Christian Flag from City Hall Flagpole When It Allows Many Other Groups to Fly Flags
So the Supreme Court held this morning, though it made clear that a city could pick and choose which flags it flies, if it makes clear that the flags are its own speech.
Supreme Court Rules Boston Was Wrong To Bar Christian Flag From City Hall
The justices unanimously agree that the city was not endorsing the flags, and that therefore it couldn’t exclude religious organizations.
Homeland Security Chief Admits New Disinformation Board Already Did a Bad Job of Informing Public
Alejandro Mayorkas fails to inspire much confidence in the new group run by Nina Jankowicz.
Rape Victim Asks Court to Retroactively Redact Name from 16-Year-Old Opinion
Court redacts the name from the court-hosted official record, but refuses to order private sites to remove it.
Jimmy Wales: What Wikipedia Got Right About Social Media
The co-founder of "the free encyclopedia that anyone can edit" talks about the power of decentralization and the rise in subscription models for journalism.
New DHS Board Seeks To Counter What It Thinks Is Disinformation
The board's head says she is dedicated to "protecting free speech," but she has also expressed direct opposition to "free speech absolutists."
Europe Escalates the Threat to Online Free Speech
While Americans debate what should be allowed on social media, the EU wants government to decide.
Wikipedia's Jimmy Wales Has Already Solved the Internet's Problems
The online encyclopedia's decentralized, Hayekian approach provides a model for Elon Musk as he assumes control of Twitter.
A Different Sort of "Don't Say Gay"
A public school banned a "homosexuality is a sin" T-shirt on the grounds that it mentions "sex."
Continuing to Send Unwanted Political Mailings to a Business Isn't "Harassment" Under Minnesota Law
So holds the Eighth Circuit, even though a state trial court had indeed enjoined the Christian Action League's mailings under that law.
City Council Furious at Cop Who Played Disney Songs To Keep from Being Recorded
There is some confusion over what the response should be, but there is broad agreement that the officer acted inappropriately.
Florida Faces First Amendment, Contract, and Budget Issues in Dissolving Disney District
Plus: Russia accuses NATO of war by proxy, Elon Musk's confusing comments on free speech, Biden bans incandescent light bulbs, and more...
Law Requiring Sex Offenders to Report All New Online IDs to Government May Well Violate First Amendment
So holds a federal appellate court.
Elon Musk's Takeover Will Not Destroy Twitter or Democracy
"I hope that even my worst critics remain on Twitter, because that is what free speech means," said Musk.