Free Speech
No Heckler's Veto Allowed at School Board Meetings
The case arose when a public commenter "attempted to express her views regarding the school district's alleged teaching of critical race theory."
Magistrate Judge Declines to Recuse Herself in Trump v. BBC Libel Lawsuit
The judge had, before she was appointed a judge in 2024, represented an adverse party in a different lawsuit brought by Trump in 2022.
Scott Pelley Goes Off on Bari Weiss: 'CBS News Is on Fire'
Robby Soave and Amber Duke discuss the recent drama between Scott Pelley and Bari Weiss at CBS.
Nude Shrek Text to Ohio State Senator Reportedly Lands Blogger in Jail
Free speech experts say the “Shrext” is protected by the First Amendment.
"Plaintiff Also Alleges That the Grammy Awards 'Have Become a Public Nuisance' and Are 'Committing Industrial Espionage'"
Plus, the Alien and Sedition Acts.
Court Dismisses Fraud Claim Against N.Y. Times Over "Young, Old, and Sick Starve to Death in Gaza" Photo
Among other things, plaintiff failed to allege "that the alleged fraudulent conduct induced ... the plaintiff into purchasing merchandise."
Plaintiffs Lack Standing to Sue over Notre Dame Law Clinic's Filing Amicus Brief Condemning China's Actions Towards Uyghurs
The plaintiffs had asked for (among other things) "$1.00 as an apology to every Chinese people live in mainland China, total $1.41 billion."
Lawsuit Says a Memphis Police Task Force Waged a Harassment Campaign Against People Who Filmed Them
The American Civil Liberties Union is asking a judge to block the Memphis Safe Task Force from retaliating against anyone who exercises their First Amendment right to record the police.
More on the Southern Poverty Law Center Allegedly Funding the American Nazi Party and Other Racists
"[The National Socialist Party of America leader] used [SPLC] donors' money to, among other things, travel to extremist rallies, host extremist rallies, donate money to leaders of other extremist organizations, recruit new members into his extremist organization, publish racist and extremist material for the purpose of recruiting new members, both inside and outside of prison, and create racist paraphernalia to sell at rallies to raise more money for his extremist organization."
Free Speech Unmuted: The First Amendment and Privacy Rights
Jane Bambauer and I explore the uneasy collision between free speech and privacy law—from anonymous pamphlets and wiretaps to revenge porn, hidden cameras, Hulk Hogan, and whether anyone truly owns their own name or life story.
Court Issues Temporary Restraining Order Protecting Group Flying "8647" Flag
The flag, in context, likely doesn't fit within the First Amendment exception for true threats of illegal conduct or incitement of illegal conduct. [UPDATE: I had originally called this a preliminary injunction, but it is technically a temporary restraining order.]
"Disturbing Lawful Meeting" Doesn't Need to Be "Substantial" to Be Criminal, at Least if a "Purpose to … Disrupt" Is Shown
So holds the Ohio Court of Appeals, interpreting the Ohio disturbing-lawful-meeting statute.
Shame on the U.K. for Censoring Hasan Piker and Cenk Uygur
"This ban is completely unfounded and must be reversed," writes Shabbos Kestenbaum.
"ICE Expected the Court to Accept … [Its] Basis for Detaining Petitioner, but Shield Its Rationale from the Court"
"Such practices are repugnant to the rule of law, and ICE is warned that further obfuscation and misuse of sealing and redaction before the undersigned will lead to sanctions against the agency."
No Pseudonymity in Lawsuit by Inmate Who Claims Detectives Endangered Him by …
actions signaling that he might have sent law enforcement information about another inmate.
Conviction for Antifa Conspiracy to Riot Upheld, Despite Claim of Mental Disorder
"This is sociopolitical behavior," the trial court held, "not the behavior one would engage in when he [has PTSD]."
Libel Suit by "King of Vape" Against N.Y. Post, Over Allegations of Misconduct and Anti-Israel Actions, Thrown Out
"Plaintiff's allegations in [an earlier] complaint let the cat out of the bag that he is a public figure. He cannot put the cat back into the bag in the hope of keeping his case alive."
Panel on Free Speech at the Library of Congress This Tuesday (June 2), 5:30 to 7:30 pm (Moderated by David Lat)
Mary Anne Franks (GW), Emerson Sykes (ACLU), and I will be discussing a wide range of free speech matters.
