Free Speech
Heckler's Veto at SUNY Binghamton May Have Violated First Amendment
The university shut down a speech by noted economist Arthur Laffer because of organized heckling by “progressives.”
Since Platform-by-Platform Censorship Doesn't Work, These Researchers Think, the Government Should Help 'Halt the Spread of Misinformation'
Their study found that Twitter's efforts to police Donald Trump's false election fraud claims were ineffective and may even have backfired.
Anonymity of Libel Helps Justify Punitive Damages
"[M]ost revealing of actual knowledge of falsity is the vehicle chosen by Riccio to spread the falsehoods—the anonymous letter."
Federal Government Lawyer Suing for Employment Discrimination Can't Sue Pseudonymously,
despite the argument that, “because she ‘defends federal agencies against employment discrimination claims,’ she may ‘make legal arguments that differ from the ones she has made and makes as an AUSA,’” so “proceeding under pseudonym will allow her ‘to make such arguments without the concern that opposing counsel will be able to identify her and/or her filings that take or may take a different legal position.’”
UConn Students Fighting for Broader Free Speech Protections Face Backlash on Campus
Despite the outraged response from his peers, student Isadore Johnson is still optimistic about the future of free speech at UConn.
Does the First Amendment Shield a Government Official From Being Censured by His Colleagues?
The Supreme Court will hear the case this fall.
Is Face Mask Skepticism Beyond the Pale?
A rational debate requires acknowledging both the strengths and the weaknesses of the scientific evidence.
Trademark Confusion Lawsuit Over "ASU: No More Social Distancing. No More Masks. It Is Time to Party!" Posts
ASU loses, even though the defendant “stopped participating in this action after his answer was stricken” “for litigation misconduct”: “[A]a reasonably prudent consumer would not be deceived or confused into believing that ASU was the ‘source or origin’ of the posts and messages emanating from the ‘asu_covid.parties.’”
One America Network's Libel Lawsuit Against Rachel Maddow Rejected by Ninth Circuit
Maddow had said OAN "really literally is paid Russian propaganda," in reaction to a Daily Beast story that an OAN employee had also been freelancing for Sputnik News.
D.C. High Court Opines on Injunctions Against Speech About People
The decision raises more questions than it answers, but it does note that there is no general First Amendment exception for speech about "matters of private concern" (i.e., daily life matters unrelated to bigger ideological questions).
Rand Paul's Criticism of Cloth Masks Was Stronger Than the Evidence Justifies
Whether or not YouTube should have suspended him, the senator overlooked the limitations of the studies he cited and ignored countervailing research.
Rep. Devin Nunes' Libel Lawsuit Against the Washington Post Can Proceed
"A reasonable juror could ... conclude that the article was materially false because it stated that Nunes had made ... a baseless claim (when he had not)."
Facebook Oversight Board: "Fucking Chinese" Referring to Chinese Government Not Forbidden by Facebook Rules
"It is crucial to ensure that prohibitions on targeting people based on protected characteristics not be construed in a manner that shields governments or institutions from criticism."
The Biden Administration Is Pushing Social Media Platforms To Expand Their Definition of Intolerable COVID-19 'Misinformation'
Online censorship by proxy undermines the ordinary process for checking claims and counterclaims.
California Law Would Limit Free Speech at Vaccination Sites
Plus: Wiretapping social media, Democrats' budget proposal, cryptocurrency regulations, the infrastructure bill, and more..
A Federal Judge Lets a Cruise Line Require Proof of Vaccination, Saying a Florida Law Banning the Practice Is Probably Unconstitutional
Gov. Ron DeSantis' embrace of the law contradicts his avowed commitment to economic freedom.
Florida Ban on Private Businesses Requiring Vaccine Verification Likely Violates the First Amendment
So a federal court concludes, in a decision about cruise lines but using reasoning that likely applies to other businesses as well.
Rubio Bill Would Make Tech Companies Disclose Government Interference
Plus: Congress' gift to Big Tech companies, infrastructure bill costs, and more...
Cal. Legislature on Track to Define "Harass" to Mean "Approach to Speak to," and …
to ban such "nonconsensual and knowing approach[es] within 30 feet of another person ... for the purpose of passing a leaflet ..., displaying a sign to, or engaging in oral protest, education, or counseling" "in connection with any vaccination services."
No Qualified Immunity for University of Iowa Officials Who Violated Christian Students' First Amendment Rights
The U.S. Court of Appeals for the Eighth Circuit provides a useful reminder that qualified immunity is not just for police officers.
Parents Challenging "Anti-Racism" Curriculum Can Litigate Pseudonymously, to Shield Their Children
"The extreme emotions on both sides of this debate make likely the risk of ridicule and mental or physical harm to the parents in this suit—but more concerning—to their minor children."
