Let's Play Horseshoe Theory
Extremists on the left and the right are much closer to each other than either side would like to admit.
Free Speech
California Law Would Define "Harass" to Include Approaching Within 30 Feet to Give Leaflets to Strangers, or to Try to Speak to Them
The bill—focused on speech outside vaccination centers (except labor protests)—just passed both houses of the Legislature, and is waiting for Governor Newsom's signature.
"[No] Posting Anything Further About [Plaintiff]"—You're "Planting Bad Thoughts in People's Heads"
That was the justification for a trial court order, which the North Carolina Court of Appeals has just reversed.
Backpage Defense Lawyers Call for Mistrial After 'Inflammatory' Opening Statements
The defendants are not on trial for child sex trafficking, yet prosecutor Reggie Jones wouldn't stop talking about it.
North Carolina Banned This Beer Because Bureaucrats Dislike the Label
Now they'll have to explain to a federal judge how this isn't a violation of the First Amendment.
The Texas Abortion Ban Violates Conservative Principles
S.B. 8 relies on litigation tricks that conservatives have long condemned as a threat to the rule of law.
Meet the Property Owner Who Created a Toilet Garden to Protest Local Officials
"I have my First Amendment rights," says Hank Robar.
Photo: Hong Kong
In June, police stormed the offices of Apple Daily, one of the last pro-democracy newspapers and an unapologetic defender of Hong Kong's autonomy.
Challenging Unconstitutional Civil Liability Schemes, as to Abortion, Speech, Guns, Etc.
By and large, those schemes (like Texas’s SB 8 liability for abortion providers) must be fought by raising the Constitution as a defense in a civil lawsuit—not through preenforcement challenges.
Reddit's Messy Fight Over COVID Misinformation
Denizens of the popular online forum protested the spread of COVID misinformation, but the company rightly wouldn't cave to their demands. It still cracked down on 55 subreddits in the end.
Texas Abortion and Social Media Laws Are a 'Contradictory Mess'
Plus: More bad news for free speech online, Fauci on booster shots, and more...
As Twitter Sex Trafficking Case Proceeds, Platforms Face an Impossible Dilemma
A federal judge says an anti-porn group's suit against Twitter can move forward, in a case that could portend a dangerous expansion of how courts define "sex trafficking."
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."
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.
