Free Speech
Teacher Suspended Partly for Quoting (on Personal Facebook Page) Bernie Sanders' "Woman … Fantasizes Being Raped" Essay
"The undersigned finds that despite Mr. Caggiano's belief that his post makes an important point [criticizing] Bernie Sanders, the undersigned finds that it can be logically read to be patently offensive, discriminatory, and degrading to women."
"Trouble Brewing [at Yale] After 'Dehumanizing' Artisanal Coffee Remark"
"The letter condemns Satel for having 'the audacity to challenge Reverend Al Sharpton, an exemplary individual and activist.'"
RIP Phil Harvey, Entrepreneur and Philanthropist Who Expanded Human Pleasure and Human Choice
Harvey, who died last week, dedicated his life to supporting human pleasure along with the power to manage it responsibly.
Zoom Conversation Today (Noon Pacific) with Nadine Strossen, Former ACLU Head
The conversation will be about Prof. Strossen's Journal of Free Speech Law article, "The Interdependence of Racial Justice and Free Speech for Racists," and it will be with Profs. Jane Bambauer, Ash Bhagwat, and me.
Zoom Workshop on Prof. David McGowan's Forthcoming "A Bipartisan Case Against New York Times v. Sullivan"
A discussion with Prof. RonNell Andersen Jones (Utah), two noted media lawyers and clinical teachers (Prof. Dale Cohen, UCLA, and Prof. Gregg Leslie, Arizona State), and me about this forthcoming Journal of Free Speech Law article.
234 Million Reason TV Fans Can't Be Wrong! Support Our Video Journalism!
Our videos make the case for "Free Minds and Free Markets" to millions of people a year.
Here Is Why a Federal Judge Blocked Enforcement of the Texas Social Media Law
Gov. Greg Abbott attacks First Amendment rights in the name of defending them.
Connecticut "Racial Ridicule" Ban Challenged in Federal Court
The law is unconstitutional as written—but it has also been used by prosecutors far beyond its specific terms.
§ 230 and the Civil Rights Modernization Act
My testimony today before a House Subcommittee on Communications & Technology hearing on proposed revisions to § 230.
§ 230 and the Protecting Americans Against Dangerous Algorithms Act
My testimony today before a House Subcommittee on Communications & Technology hearing on proposed revisions to § 230.
§ 230 and the SAFE TECH Act
My testimony today before a House Subcommittee on Communications & Technology hearing on proposed revisions to § 230.
§ 230 and the Preserving Constitutionally Protected Speech Act
My testimony today before a House Subcommittee on Communications & Technology hearing on proposed revisions to § 230.
§ 230 and the Justice Against Malicious Algorithms Act
My testimony today before a House Subcommittee on Communications & Technology hearing on proposed revisions to § 230.
Plaintiffs Seeking Religious Exemption from Private Employer's Vaccine Mandate Allowed to Proceed Pseudonymously
"Given the charged atmosphere concerning vaccinations and vaccine mandates, and for the other reasons discussed above, the Court is persuaded that this is the rare case where a party should be permitted to proceed pseudonymously."
Journal of Free Speech Law Panel on Regulating Social Media Platforms Tomorrow (Wednesday) at 11 am Pacific
It's with Profs. Jack Balkin (Yale), Daphne Keller (Stanford), and Mark Lemley (Stanford), moderated by Jane Bambauer (Arizona).
When Does Government "Fairly Represent" Public Interest Groups' Views, Thus Barring Them from Intervening?
An important and interesting question, arising here as to Title IX, free speech, and due process, but relevant more generally as well (and now pending before the Supreme Court).
Jack Dorsey's Exit From Twitter Could Worsen Tech Censorship
The site's long-serving boss might be more committed to free speech than his successor, Parag Agrawal.
Toronto School Board Refused to Promote Event with Nobel-Winning Critic of ISIS
A school board official told said "students would not participate in a book-club event scheduled for February with Nadia Murad, a Nobel Prize-winner and activist," because "Ms. Murad’s book, 'The Last Girl: My Story of Captivity, and My Fight Against the Islamic State,' would foster Islamophobia."
The First Amendment Protects Everyone, Even Facebook and Twitter
Florida passed a law to stop big tech “censorship.” But the law itself tramples First Amendment rights.
Is It Defamatory to Falsely Call Someone a Racist, White Supremacist, Socialist, or Communist?
No, because courts conclude that those terms are just opinions and name-calling.
University Official Fired for Discriminating Against Police Chief Who Voted for Trump
The official was the Vice President for Student Affairs and Diversity at the University of North Dakota.
UC Irvine Vice Chancellor Sends an Official Message About the Rittenhouse Trial
Are universities supposed to have institutional views on the facts about self-defense in a case half a continent way?
Prof. Eric Segall (Georgia State) and I on Segall's Supreme Myths Podcast
We talk about blogging, social media and free speech, the Religion Clauses, and federalism and individual rights.
The New York Times Is Protected by Freedom of the Press. So Is James O'Keefe.
The newspaper wrongly implies that press freedom is limited to "real" journalists.
Court Rejects Sealing Request by United Network for Organ Sharing
“UNOS’s reasoning boils down to a desire to keep indiscreet communications out of the public eye, which is not enough to satisfy our standard for good cause.”
"Yes, This Is a Witch-Hunt: A University's Office for Access and Equity Launches a Full-Scale Persecution Campaign"
From leading liberal constitutional law professor Andrew Koppelman (Northwestern), in the Chronicle of Higher Education.
Court Strikes Down School Board Restrictions on "Irrelevant," "Abusive," "Offensive", "Intolerant," "Inappropriate," or "Otherwise Inappropriate" Public Comments
"Representatives of a public entity taking the opportunity to squelch plaintiffs' views as apostasy"; the squelching was partly based on claims that certain remarks are "abusive and coded in racist terms, also known as 'dog whistles,'" and that "comments about the District's equity survey" were "'irrelevant' to the meeting agenda item of the District's equity policy."
Wisconsin Court Reverses Conviction for Alleged Threat
Defendant had posted three photos to Instagram showing (1) a movie ticket, (2) ammunition, and (3) the inside of a theater, and also one to Snapchat showing (4) a handgun.
From Akhil Amar, David Lat, and Simon Lazarus on TrapHouseGate and the Broader Climate at Yale Law School
Amar: The Yale Law School administration has been "dilatory, duplicitous, disingenuous, downright deplorable."
Emerson College Conduct Board Finds "China Kinda Sus" Stickers to Be Forbidden "Discriminatory Conduct"
Appalling that an American university, which had publicly committed itself to free expression, would thus censor criticism of a foreign government (whether China, Israel, or any other).
