Virginia Isn't Bound by 1890 Deed to Perpetually Display Robert E. Lee Monument
"Governor McKinney had no power to contract away the Commonwealth's essential power of freedom of government speech in perpetuity by simply signing the 1890 Deed."
Free Speech
Ban on Photographing Children in Parks Struck Down,
in a case brought by a woman who was trying to document her claims that a school affiliated with a local Islamic center was overusing a local park.
Don Blankenship's Libel Lawsuit Against Donald Trump, Jr. Can Go Forward
Blankenship had been convicted of a misdemeanor related to a deadly disaster at a mine his company owned; Trump, Jr. had erroneously labeled him a "felon"; a judge concluded that there's enough evidence that Trump, Jr. knew the statement was false, or at least likely false.
Immigration Activists Targeted for Deportation and Harassment
Even supporters of the law should recognize the dangers of using enforcement as punishment.
No Gag Order in Lawsuit Against Church Alleging Child Sexual Abuse Coverup
The court rejects the argument that publicity about the lawsuit might taint jury pool, and "has imposed a deep emotional burden upon [church's] current members, imposes a possibility of some clients of the church's weekly meal, food pantry, counseling programs, or other services withdrawing their participation [and] imposes a possibility of loss of donors."
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.
