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?
Free Speech
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"?
No Sealing of School Basketball Team Sexual Assault Case,
but the minors involved (including the accused students) will be pseudonymized.
Crime to Sexually Proposition, Knowing It's Likely to Annoy, Offend, or Alarm
That's the law in Delaware, it turns out.
No Security Clearance for Employee Who Had Admitted to Downloading Child Pornography
Also, "He also reported that in 2012, he had thought about amassing enough classified information to give to Russia or the Ukraine in exchange for a harem of little girls."
No Sealing or Pseudonymity for Sexual Assault Defendant
"[I]f the purported falsity of the complaint's allegations were sufficient to seal an entire case, then the law would recognize a presumption to seal instead of a presumption of openness."
Facebook Said My Article Was 'False Information.' Now the Fact-Checkers Admit They Were Wrong.
While this is a problem, it's not one that scrapping Section 230 would solve.
This Year Wasn't as Bad as 2020, But We Deserve Better
It sucked for avoidable reasons.
Merely Retweeting Link to Old Article Doesn't Restart Statute of Limitations
So holds the court in a libel lawsuit brought by Jerry Falwell, Jr.'s former personal trainer.
Lawyer's Letter to School Seeking Money for Long-Past Alleged Sexual Abuse by Ex-Teacher May Be Libelous,
notwithstanding the “litigation privilege,” if the statute of limitations has long passed and there is therefore no reasonable prospect of meritorious litigation.
"No One Knows What the Jury Will Make of the Parties' Social-Media Slings and Arrows"
Advice from a judge to the litigants in a libel case.
Dismissed Professor vs. Student Libel Lawsuit Leads to Sanctions Requests, Denied All Around
"The statements include that Hubbard ... has been 'advocating for pederasty (pedophilia) for as long as he has taught at the University of Texas.'"
N.C. Supreme Court Holds "True Threats" Exception Requires Purpose to Threaten,
and remands for retrial as to whether such a purpose would be shown.
Plaintiffs from Conservative Religious Groups Have More Right to Proceed Pseudonymously in Sex Assault Lawsuits
Four courts have recently said yes, in cases brought by conservative Muslims and Christians.
Dominion Voting Libel Suit Against Fox News Can Go Forward
"Dominion's well-pleaded allegations, however, support the reasonable inference that Fox's reporting was not accurate or dispassionate."
"I Despise White People" Lawsuit Against OSU Can Go Forward
A white administrator is claiming she was fired based on her race, and based on her complaints that her department chair said "I despise white people" and various other things.
Gen. Michael Flynn's Brother v. CNN Lawsuit Over Allegations of Being a "QAnon Follower"
can go forward as to the "false light" claim, but not as to the libel claim (at least unless the plaintiff can amend his Complaint to adequately allege specific economic losses).
Magistrate Judge Expresses Concerns About DOJ's Not Explaining How It's Complying with Policy Related to Getting Information from News Media
“The events of January 6th were an attack on the foundation of our democracy. But this does not relieve the Department of Justice from following its own guidelines, written to preserve the very same democracy.... [This case] leaves the court to wonder who watches the watchmen.”
