Judge Can't Add 6 Years to a Prison Sentence Because the Defendant Called Him Names, Says Court
Plus: Coverage of Section 230 is overwhelmingly negative, Arizona cops who watched a man drown have been placed on leave, and more...
Free Speech
New N.Y. Law Aimed at Getting Social Media Platforms to Restrict "Hateful" Speech
Its operative provisions just require social media platforms to create a mechanism for taking complaints about such "hateful" speech; but the title is "hateful conduct prohibited," and it's clear the legislature is trying to get social media platforms to restrict such speech more.
What are Georgetown Professors Forbidden to Say?
Under the reasoning of the Georgetown University Office of Institutional Diversity, Equity & Affirmative Action (IDEAA) report in the Ilya Shapiro matter, a wide range of public speech criticizing religions, political parties, veterans, etc. could be "prohibit[ed] harassment."
Targeting Employee for Op-Ed Criticizing "Anti-Racism" Because She's White May Be Race Discrimination
but because here the employer's (and union's) actions were basically just an incident of public criticism, they didn't qualify as hostile environment harassment (and the employee wasn't fired or demoted).
Ilya Shapiro Resigns From Georgetown University Law School
"Further analysis shows that you’ve made it impossible for me to fulfill the duties of my appointed post," writes Shapiro.
Ilya Shapiro Reinstated at Georgetown Law, then Resigns
The law school reinstated him on a technicality, but made it clear that they weren't going to uphold the university's free speech policy.
FIRE Branches Out into Free Speech Beyond Universities, Planning $75M Litigation and Public Education Campaign
The Foundation for Individual Rights in Education is becoming the Foundation for Individual Rights and Expression.
Tempe Police Watch as Man Drowns
Plus: FIRE moves beyond campus, a 1,000 percent excise tax on semiautomatic rifles?, and more...
Gay Weddings Return to The Supreme Court
Can a web designer be compelled under the First Amendment to host wedding pictures?
6 Months in Jail for Speaking to Newspaper About Your Court Case
In most states, if a court issues a gag order and you don't appeal it, you can go to jail for violating it even if you later argue that it violates your First Amendment rights.
Court Dismisses Defamation Lawsuit Over "Woman Accused of Defaming Dozens Online Is Arrested"
The case may get refiled, but it’s not looking promising.
Georgetown Ends Investigation of Ilya Shapiro for Bad Tweet, Will Not Fire Him
"I look forward to teaching and engaging in a host of activities relating to constitutional education," said Shapiro.
Federal Civil Rights Claim Over "Trump Train" / Biden Campaign Bus Incident Can Go Forward
A federal statute imposes liability for conspiracies "to prevent by force, intimidation, or threat, any citizen who is lawfully entitled to vote, from giving his support or advocacy in a legal manner" for the election of federal candidates, or for "injur[ing] any citizen in person or property on account of such support or advocacy."
"The ACLU Never Stopped Defending Free Speech"
David Cole writes, Ira Glasser and Wendy Kaminer respond. [UPDATE: Added Cole's reply.]
Roy Moore Can Proceed with Libel Suit Over Allegation That He Had Solicited Sex at Mall from 14-Year-Old
Press accounts had said he “had been banned from the mall because he repeatedly badgered teen-age girls” and that he had told a 14-year-old girl at the mall “she looked pretty.” "But viewing the evidence in the light most favorable to Moore, the court finds that telling viewers that Moore was banned from the mall for soliciting sex from a 14-year-old Santa’s Helper is more stinging than telling viewers that Moore complimented a 14-year-old girl on her appearance or telling them more generally that Moore was banned from the mall for soliciting young girls.”
"BBC 'Altered Gender in Trans Rape Claim'"
"I can't think of any other situation where we would change the words of an alleged rape victim."
Jury Awards Johnny Depp $15 Million in Lawsuit Against Amber Heard
Heard won $2 million on one of her counterclaims.
ACLU Would Like You To Ignore Partisan Activism, Mission Drift
National Legal Director David Cole insists that the critics are wrong, but he fails to contend with much of the substance of their critiques.
Texas Can't Start Enforcing Social Media Law, Says SCOTUS
Plus: Who's bringing fentanyl across the border? Will Austin become a sanctuary city for abortion? And more...
Thoughts on the Supreme Court's Reinstatement of the Preliminary Injunction Against the Texas Social Media Law
The ruling is not a final decision on the merits. But it likely signals that at least five Supreme Court justices believe the law is unconstitutional.
Supreme Court Reinstates Stay of Texas Social Media Law (Pending Appeal); Justices Alito Dissents
Justices Thomas and Gorsuch join Justice Alito's dissent, and Justice Kagan disagreed with the majority without opinion. This is not a decision on the merits of the law, but Justice Alito's dissent notes why the answer to the merits question is "quite unclear."
Destroying Islamic Fundamentalism With Books
Ideas Beyond Borders is bringing ideas about pluralism, civil liberties, and critical thinking to hotbeds of Islamic extremism.
Does Pulling Funding from CUNY Law School Because of School's Anti-Israel Resolution Violate First Amendment?
$50K in funding was withdrawn by a Brooklyn councilwoman, and transferred to a different organization.
City Can Choose What Gets Painted on City Roadways
Painting "Black Lives Matter" doesn't require New York to allow other groups to paint other slogans.
Obscenity (Including as to Minors) and "the Work Taken as a Whole"
An isolated sexually themed passage, even a graphic one, doesn't make a work obscene.
Why Isn't Johnny Depp v. Amber Heard Foreclosed by Depp's Loss in an English Libel Case?
It's chiefly because Virginia doesn't recognize nonmutual collateral estoppel, of course!
Excluding Public from Area of Homeless Encampment Sweeps Violates the First Amendment
So a district court held Tuesday.
Psst, Kids, "Court of Mist and Fury" Is Too Sexy for You!
You absolutely, positively shouldn't be allowed to read it. Definitely forbidden.
Va. Judge Finds Probable Cause That "Court of Mist and Fury" and "Gender Queer" Are "Obscene for … Minors"
This finding is now being used as a basis for seeking a restraining order banning Barnes & Noble from distributing the books to minors. Is that constitutional?
"Judge Dismisses Bogus Defamation Lawsuit Against Foxconn Critic"
The Institute for Justice, which represented the critic, so reports.
Tennessee Court Expresses Doubt About Whether Anti-Libel Injunctions Are Allowed Under Tennessee Law
The underlying lawsuit was brought by Mickell Lowery, a Commissioner for Shelby County (which contains Memphis)—and son of longtime Memphis City Councilman Myron Lowery, who had also briefly served as Mayor—over allegedly libelous statements during his election campaign.
Court Preliminarily Enjoins New York's Limits on Unauthorized Practice of Law,
as applied to "program that would train non-lawyers to give [free] legal advice to low-income New Yorkers who face debt collection actions" about how to "fill out checkboxes on a one-page answer form provided by the State."
The DOJ Says a Man Whose Record Was Expunged Still Must Register As a Sex Offender, Which Is Impossible
A federal lawsuit argues that the department's regulations violate due process, the separation of powers, and the First Amendment.
Faisal Saeed Al Mutar, Melissa Chen: Bringing Enlightenment Values to the Middle East
The co-founders of Ideas Beyond Borders talk about bringing Steven Pinker and John Stuart Mill to an audience dying for them.
Coach Can't Be Fired Just for Publicly Criticizing School's "Diversity, Equity, Inclusion" Turn, But Can Be …
fired for doing so in a way that includes a "personal ... attack on [the superintendent's] integrity.
