Some Thoughts on Google v. Oracle, from Prof. Rebecca Tushnet (Harvard)
"Categories, microworks, and market circularity."
Free Speech
Ex-Rep. Katie Hill's Revenge Porn Lawsuit Against Daily Mail (UK) Dismissed
"Defendant has established that the images are a matter of public concern, as they speak to Plaintiff's character and qualifications for her position as a Congresswoman, allegedly depicting an extramarital sexual relationship with a paid campaign staff member, the use of illegal drugs by a sitting Congresswoman, and a tattoo similar to the symbols formerly used by white supremacists."
Backpage Judge Accused of Bias Will Remain on Case
Plus: Effort to decriminalize psychedelics gains traction in California, crony capitalism at its worst, and more...
University Trying to Block Distribution of Faculty Senate Meeting Video Excerpts Using Copyright Law
An interesting controversy involving Portland State University.
MSU Conference on Freedom of Speech and Intellectual Diversity on Campus
A free online conference sponsored by the LeFrak Forum on Science, Reason, and Modern Democracy at Michigan State University.
"The People Have Every Right to Look Over Our Shoulder and Review the Documents Before the Court"
"This is beyond the pale. The indiscriminate use of the confidentiality stamp alone warrants the denial of the entirety of the motions."
A Professor Pushed Back Against 'White Fragility' Training. The College Investigated Her for 9 Months.
The chaos at Lake Washington Institute of Technology is by no means an isolated occurrence.
Some Rhetoric from the Rotenberg v. Politico Complaint
Gripes about publishers getting "private commercial benefit" from "hate speech, propaganda, and statements that seek to destabilize American democracy"; argument that "[t]he public figure doctrine emerged in an era prior to the Internet advertising model that rewards news organizations for the ongoing display of defamatory content."
The Legal Complexities in Rotenberg v. Politico—#1332 Might Surprise You!
Remember: Lawyers’ true superpower is the power to turn all questions into questions about procedure.
When Is It Tortious to Report on Someone's Positive COVID Result?
A privacy controversy in a lawsuit by privacy advocate Marc Rotenberg (formerly of EPIC, the Electronic Privacy Information Center).
Ninth Circuit Lets #TheyLied Suit Against Lawyer Lisa Bloom Go Forward
The lawsuit was brought by casino developer Steve Wynn, over a press release put out by Bloom related to a sexual harassment claim that Bloom's firm brought on behalf of a dancer.
Free Speech Under Threat from E.U. Campaign Against 'Terrorist Content'
Civil liberties advocates warn that the legislation threatens activism, journalism, and satire.
Amicus Brief in the Student Speech Case
"In Tinker, this Court held that "[i]t can hardly be argued that … students … shed their constitutional rights to freedom of speech or expression at the schoolhouse gate." Yet [the school district] argues that students shed much of their freedom of speech even outside the schoolhouse gate, so long as their off-campus speech is reasonably expected to reach campus."
Journal of Free Speech Law Pre-Call For Papers: Student Speech and Associational Privacy,
in light of the Supreme Court's forthcoming Mahanoy and Americans For Prosperity cases.
Cops Tried To Force a Man To Delete a Video of Them Beating a Suspect. They Got Qualified Immunity.
The officers knowingly violated the First Amendment, said the court. But that doesn't matter.
Pronouns in the University Classroom & the First Amendment
A federal appellate court lets a professor's First Amendment claim go forward, in an opinion that powerfully protects faculty academic freedom more broadly.
Senator Elizabeth Warren Channels Her Inner Trump
Threatening government action to stop "snotty tweets" is not a good look.
NYPD Must Release Body-Cam Footage of Fatal Shooting of Woman,
but with "blurring images of [Susan] Muller's body and blood spatter."
Universities Can't Selectively Enforce Nondiscrimination Policies Based on Student Groups' Viewpoints
That’s a clearly established constitutional mandate, the Eighth Circuit holds, so a university can’t get qualified immunity from liability in such a case.
Government is Still the Biggest Threat to Free Speech
When Amazon won't sell your book, you can head to Barnes & Noble. When government cancels your expression, there's nowhere left to go.
Duty to Stop Reporting Highly Incomplete Reports of Legal Proceedings
I'm continuing to serialize a forthcoming article of mine that discusses (among other things) such a proposed interpretation of libel law.
Our Right to Criticize Governments and Countries,
whether the U.S., China, Israel, or anyone else.
Univ. of San Diego Law School Investigating Professor for Post Critical of China
In context, it seems clear that the post's reference to "Chinese" is indeed a reference to the Chinese government, not to people of Chinese extraction.
Government Censorship Is the Worst Cancel Culture of All
Politicians on the right and the left are coming for your free speech.
National Review Not Liable for Mark Steyn's Blog Post About Michael Mann
The court doesn't decide whether the column was libelous, but just that the National Review wasn't liable for Steyn's post, because Steyn wasn't an employee.
Incomplete Reports of Legal Proceedings as Libel
A bit of background on the current law of libel; I'll have more about the implications of this in an upcoming post.
The Duty to Correct Your Own Libelous Posts, and the Single Publication Rule
I publish something about you on Jan. 1, but I don't learn that it's false until Jan. 2. You then sue me for not taking down the post—should my liability turn on my mental state as of Jan. 1, or as of the time you sue?
No "Private Matter Among Friends" Exception to Public Access to Court Records
"Public access [to judicial records] serves to promote trustworthiness of the judicial process, to curb judicial abuses, and to provide the public with a more complete understanding of the judicial system, including a better perception of its fairness."
Texas Senators Want Sports Teams To Shut Up and Play the Anthem
Texas state senators introduced a bill requiring the national anthem at all pro sports events.
The Existing Duty Not to Continue Displaying Posts on Physical Property -- an Analog to a Similar Duty as to Online Posts
I'm continuing to serialize my forthcoming law review article on the duty to correct your own libelous posts, once you learn that they are libelous.
Plaintiff "Must Have Known That the Embarrassing Events During His Previous Employment Would Be Central to … the Case"
Court records are generally public records, embarrassing as they might be for the parties.
Reasons for a Duty to Correct Libelous Materials You Posted
I'm continuing to serialize my forthcoming law review article on this subject.
The War on Free Speech Is About To Get a Lot Uglier
The awful events of January 6 accelerated trends in left-of-center circles, particularly within media and technology companies.
"Some References Are Just Sophomoric Attempts at Humor"
A Maryland court reverses a juvenile delinquency adjudication based on a supposed threat at school.
No Right of Publicity Claim for Publishing Court Opinion with Plaintiff's Name
Obvious, but good to have a cite for that.
