Free Speech
Americans Should Be Free to Express Their Opinions About Generals
whether by mail, by phone, or by social media—and whether about the generals' (or admirals') gender identities or religious beliefs or political beliefs or anything else.
Gen. Michael Flynn's Brother v. CNN Libel Lawsuit Over Allegations of Being a "QAnon Follower"
A Magistrate Judge has just issued a Report and Recommendation recommending that the case be dismissed, on the grounds that the allegations were substantially true.
If You Want to Have Court Filings Sealed, Don't "Treat[] a Motion to Seal as an Afterthought"
Be concrete and specific enough to pass the high bar needed to defeat the presumption of open access—and get it right the first time.
You Can't Fight Campus Illiberalism With More Illiberalism
Free speech on campus is in jeopardy. But many people on the left and the right are rising to fight for our liberal democratic values.
Netflix CEO Apologizes for Having Principles
When employees tried their hand at a shakedown, CEO Ted Sarandos buckled a bit under the pressure.
Federal Regulators Greenlight Trading of Bitcoin-Linked Securities, Delighting Investors and Infuriating Cryptocurrency Critics
Plus: Cuba violates the rights of peaceful protesters, New Zealand leads the world in zoning reform, and more...
Lawyers, Law Students, Law School Administrators, and Language
Yale Law School's diversity miseducation.
No Government Action (and Thus No First Amendment Violation) in Suspension of Plaintiffs' YouTube Accounts
So holds a federal district court, rejecting plaintiff's theories that (among other things) the government compelled the suspension, and that the government and YouTube were engaged in "joint action."
Social Media Isn't To Blame for the Deadly Stabbing of a British Member of Parliament
Attempts by British lawmakers to erase online anonymity would lead to radical speech being pushed underground.
"People Are Less Interested in Discussion Than Domination"
Wise words from the target of TrapPartyGate.
No Heckler's Veto: Georgia Court's Decision Rejecting $1.5M Nuisance Verdict Against Abortion Clinic Stands
The verdict was chiefly based on the actions of protesters and arsonists; the Georgia Court of Appeals rejected it, and the Georgia Supreme Court has just refused to rehear the case.
Nigerian Separatist Group Sues Wash. Times, U. of Baltimore, Professor for Libel
The lawsuit is brought by the group Indigenous People of Biafra, which has been labeled a terrorist group by the Nigerian government.
Bans on Political Discrimination in Places of Public Accommodation and Housing
A forthcoming article of mine in the New York University Journal of Law & Liberty.
"What My Grandparents' Experience in the Holocaust Taught Me about the First Amendment"
A Cato panel with Judge David Stras (8th Cir.), with some comments from me (on the other side of the Operation Barbarossa front line).
Netflix Staff Apparently Unaware That Dave Chappelle's Comedy Special Would Include Jokes
No one is safe from Chappelle's jokes—but also, everyone is safe from Chappelle's jokes.
Don't Use the Term 'Trap House' in Your Party Invite at Yale Law School
Administrators attempted to force an apology out of a second-year law student whose Federalist Society affiliations and use of the term "trap house" were "triggering" to his peers.
$400K Libel Judgment in Lawsuit Over Statements During Election Campaign
Such libel cases aren't easy to win, but sometimes they can indeed be won.
No Heckler's Veto: Fear of Violent Reaction to Speakers' Views Can't Justify …
denial of access to government property, even in a "nonpublic forum" or "limited public forum"
Radically Incomplete Reports of Legal Proceedings as Libels
A new short article of mine, calved off my duty-to-take-down-libels article; I'd love to hear feedback, especially suggestions for a clearer title.
Court Orders #MeToo Plaintiff Not to Mention Defendant's Name in Public
The unusually named case is Doe v. Anonymous #1, now pending in Brooklyn state trial court.
MIT "Could Not Tolerate That a Scientist Be Permitted to Speak About His Uncontroversial Research"
"after daring to express unrelated views that, although controversial, happen to be held by a majority of the American public."
Former Oklahoma U Volleyball Player's First Amendment Claim Can Go Forward
Kylee McLaughlin is claiming coaches engaged in "pressure and retaliation ... due to her political beliefs and her reactions to claims of racism," because of the coaches' "political or social justice beliefs, including support for critical race theory, opposition to President Trump, and a belief that white persons like plaintiff are privileged and racist."
Ohio Court Refused to Block Stephanie Grisham from Repeating Allegations Against Congressional Candidate, Ex-Trump Staffer Max Miller
Miller had asked the court to issue a temporary restraining order; no, said Judge Emily Hagan (Cuyahoga County Court of Common Pleas).
Emerson College Suspends Student Group for Distributing "China Kinda Sus" Stickers
Criticism of a foreign country (or at least this foreign country) is now apparently forbidden by Emerson.
Government Keeps Trying To Censor This Brewery. The Owner Isn't Having It.
"Do you really want to live in a country where government bureaucrats, based on whim and personal preference, can censor whatever they don't like?"
Instagram's Effect on Teens Gives Congress the Latest Pretext To Put Tech on Trial
Plus: California can't limit private prisons, Yellen dismisses bank privacy concerns, and more...
Interesting Unsealing Decision in NXIVM Sex Cult Case
Supportive letters submitted by the defendant at sentencing can’t remain secret.
"The Court's Business Is Done in Public"
"regardless whether the motion [to seal] is opposed or unopposed."
