Free Speech
Bob Corn-Revere: How Today's Censors Hide Behind Science and Psychology
In The Mind of the Censor and the Eye of the Beholder, the legendary First Amendment lawyer exposes the tricks of today's "anti-free speech movement."
License Plates, Flagpoles, and Editorial Discretion
On government curation and government speech.
"This Case Stems from the Suppression of Academic Scholarship at the University of North Texas"
University’s removal of professor from journal editorship may violate First Amendment, holds a federal court in the Journal of Schenkerian Studies controversy.
"The Law Has Already Sawed That Claim in Half"
The latest from Paul Alan Levy (Public Citizen), pushing back against threats of trademark litigation over parody.
No TRO for Prominent but Pseudonymous Surgeon Suing the University of Michigan for Allegedly Improper Suspension
The judge also says the plaintiff's request for pseudonymity was inadequately supported.
#MeToo/#TheyLied Among the Communists / "Anti-Fascists" / Left Anarchists: This Time About Personal Jurisdiction
“The allegedly defamatory statements Ms. Legarde made included not just online posts but defamatory statements in calls and emails to six people whom Ms. Legarde allegedly knew were Vermont residents and who were associated with Plaintiff through Vermont-based organizations.”
Court Depseudonymizes Plaintiff, After Evidence Related to Plaintiff's Past Cases Emerges
“Plaintiff has filed numerous lawsuits, several of which involve circumstances similar to this case. In some she has been permitted to proceed anonymously; in others, she has not. Regardless, Defendant maintains that Plaintiff is a ‘vexatious litigant.’ This goes directly to Plaintiff’s credibility, and Defendant should not be hampered in pursuing that defense.”
These Lawsuits Argue That Trump Conspired To Incite the Capitol Riot
Proving that claim requires more than reckless rhetoric, which is constitutionally protected.
UW Administrator Says Prof Created "Toxic Environment" with His Land Non-Acknowledgment
The Director of the UW School of Computer Science & Engineering said Prof. Stuart Reges's statement is "not relevant to the content of the course he teaches"—but the school encourages professors to include its own preferred view, which is just as irrelevant to the course content.
Anti-Riot Act Prosecution Over August 2020 Looting Messages Can Go Forward
"Lets get ready to steal bitch."
No HIPAA for Hippos (or, Seals and Animal Welfare)
"There is no veterinarian privilege, no animal equivalent of the Health Insurance Portability and Accountability Act, and no case law suggesting that humans and animals are entitled to the same level of privacy."
Emory Law School Student Government Refuses to Recognize an Emory Free Speech Forum Student Group,
citing the "harm that could result from ... discussions," especially about "race and gender."
Washington's Governor Wants To Prevent Another January 6 with Unconstitutional Censorship
Jay Inslee says we should make it a crime for politicians to lie about election results. What could go wrong?
Seditious Libel, Today and 225 Years Ago
Washington Governor Jay Inslee is supporting a law that would ban lies about election results that “are likely to incite or cause lawlessness”—an argument much like that made by supporters of the Sedition Act of 1798.
Should Kuwaiti Student Challenging Title IX Sexual Misconduct Finding Be Pseudonymous,
in part because he is a citizen of Kuwait, “where ‘sexual activity outside of marriage goes against religious and cultural values’ and ‘sexual relations outside of marriage are illegal"?
Brett Kimberlin (Speedway Bomber) Loses Attempt to Vacate Long-Past Convictions, Including First Amendment Challenge to Impersonating-Federal-Official Conviction
Kimberlin is also known for having accused Dan Quayle of having bought marijuana from him, and has since become a frequent litigant, including against bloggers Patrick Frey (Patterico), Aaron Walker, and others.
Court Reverses Expulsion for Student's Off-Campus Posting of "I Will Fucking Kill off All of You!" Death Metal Lyrics
The court doesn't reach the question whether the speech was a true threat, but concludes that it couldn't be punished on the rationale that it caused substantial disruption to a public high school.
She Who Seeks Pseudonymity Must Provide Pseudonymity
Or, to be precise, her lawyers must do so.
May University Faculty/Staff/Students Sue Pseudonymously Over Limits on Religious Exemptions from COVID Vaccine Mandate?
Yes, says a federal court, partly because this particular challenge (to a policy “which only allowed religious exemptions for those individuals who are members of organized religions whose teachings entirely forbid vaccinations”) appears to be purely legal in nature.
May College Students Sue Pseudonymously to Challenge Discipline for COVID Protocol Violations?
Another example of how badly split courts are on pseudonymity questions.
"No One Has a First Amendment Right to Physically Assault Another,"
“especially a law enforcement officer acting according to their official responsibilities.”
#TheyLied and the Fair Report Privilege
"A person cannot confer [the privilege for fair report of court filings] upon himself by making the original defamatory publication himself and then reporting to other people what he had stated"
Nebraska Town Sues Resident to Stop Sending Officials Letters, Ends Up Paying Him $16,000
"[N]early every public official draws the attention of critics and cranks who have opinions they insist on sharing.... But rather than accept that as one of the privileges of public service, the defendants decided to pursue a lawsuit that asked a state court to impose a prior restraint on the plaintiff's speech."
In 2022, Pay Attention to Right-Wing Authoritarianism
For decades, libertarians have focused on illiberalism coming from the political left. But authoritarianism has taken root among many conservatives across the world.
Should Prominent Surgeon Be Able to Pseudonymously Sue University of Michigan for Allegedly Improper Suspension?
If so, should that be because his "stellar reputation is a critical component to ensuring the public's trust for him to operate on their children for complex procedures"?
