Free Speech
Judge Denies Mega-Law-Firm's Request to Litigate Arbitration Confirmation Under Seal
Dentons US LLP sought to “initiate a civil case under seal by filing a petition to confirm an emergency arbitration award.”
Jerome Corsi & Larry Klayman Seem on Track to Losing Libel/Trademark Lawsuit Against Infowars and Alex Jones
Defendants had said Klayman "'could be the single worst lawyer in America,' has 'never actually won a courtroom victory in his life,' and is an 'idiot' and an 'egomaniac,'" and that "Corsi he seemed to mentally be extremely degraded to the point of what I would call dementia."
Anything You File in Court Can and Will Be Used Against You by People Who Google Your Name
A future Miranda warning for litigants? "I wish the SDNY pro se clinic had made me aware that many third-party commercial services download court documents ... and publish this information on the internet."
Can Tenure Reviewers' Names Be Sealed in Employment Discrimination Lawsuit Filings?
No, says a district court at first; yes, it says six days later. Always good to check the docket for follow-up orders, if you have the time.
Lawsuit Over School District Terminating Food Supply Contract for Anti-George-Floyd, COVID-Is-a-Hoax, Media-Are-Brainwashing-Us Speech
can go forward, as a First Amendment retaliation claim, holds a federal judge.
Tech Groups Sue To Stop Ron DeSantis' Assault on Online Free Speech
“The Act is so rife with fundamental infirmities that it appears to have been enacted without any regard for the Constitution,” the lawsuit reads.
Dogs and Cats, Elections, and Prior Restraints
A Tennessee trial court "enjoined the parties [including a recent candidate for elected office] from making any public comments about each other and from making any 'negative or disrespectful comments' about each other to third parties."
Wrongly Ejecting Teenager from Sports Club for Sexual Misconduct May Be Intentional Infliction of Emotional Distress,
if it's done without adequate investigation, and as a means of retaliating against the teenager's parent.
Police Officer's Libel Lawsuit Over Netflix's Making a Murderer Can Go Forward,
at least through discovery and until the motion for summary judgment; Netflix’s motion to dismiss has been denied.
Laurence Tribe, Several Others, and Me on "The Free Speech Implications of the 'De-Platforming' of Donald Trump"
I much enjoyed being on this American Constitution Society chapter panel.
Censor of Anti-China Speech Among Us
Two Illinois legislators meet with a high school principal complaining about an anti-China poster distributed by a student group, which promptly loses its faculty sponsor and has to
Avenatti v. Fox News Goes Full-On Civ Pro
Remember, the lawyer’s true superpower is to turn every question into a question about procedure.
Texas High Court Upholds Revenge Porn Statute,
by limiting it to exclude people who sincerely believed the material wasn't revenge porn (i.e., the participants had agreed that it be publicly released).
Phoenix Authorities Used 'ACAB' Slogan To Designate Protesters as a Gang
Umbrellas, black clothing, and chanting "all cops are bastards" signal criminal street gang membership, prosecutors said.
Is It Libelous to Falsely Say Someone Is Working with the Police?
Special bonus connections: disbarred lawyers, Tupac Shakur, New York City political figures, and then-not-yet-Attorney-General Michael Mukasey.
Do Anti-BDS Laws Restrict Speech?
The line between commercial decisions and advocacy is not as clear as opponents of anti-Israel boycotts suggest.
Alan Dershowitz's Libel Lawsuit Against CNN Can Go Forward
The lawsuit stemmed from CNN's coverage of Dershowitz's argument in the first Trump impeachment trial.
Labeling Video Filed in Court "Confidential" Doesn't Make It So
Yet "[i]t is particularly troubling to the Court that [the lawyer] appears to have survived this motion more by dumb luck than any concerted effort on his part to comply with either his professional responsibilities or the orders of this Court."
Does Libel Dispute About Whether "TheDemonatrix" Comics Are "Lolicon" Belong in Federal Court?
(Lolicon is "A Japanese term derived from the English phrase 'Lolita complex,' lolicon describes a fascination with cartoons of very young-looking girls engaged in varying degrees of erotic behavior.")
California Bill Would Ban "Protest Activities" Within 300 Feet of Vaccination Site
But people have as much right to protest vaccination sites as they do to protest factories, stores, or abortion clinics.
If You Deserted While Still in Boot Camp, You're Not a "Veteran"
So holds a Pennsylvania court, affirming a conviction for fraudulently obtaining money by claims of veteran status.
Affidavit Supporting Search Warrant, Considered in Motion-to-Suppress Hearing, Can't Be Sealed
But modest redactions are permissible.
Section 230 Haters Aren't Going Away
Though Trump is gone, the desire to bend the internet toward partisan goals is alive and well.
Texas Lawyers Can Be Sued for Libel for Press Releases About Complaints,
even if the press release accurately summarizes the Complaint; the rule is different in some states, such as California.
Prince Harry's First Amendment Aversion Is Funny; the Governments That Agree Are Scary
We expect British royals to favor muzzling commoners, but too many lawmakers feel the same way.
1619 Project Author Nikole Hannah-Jones Denied Tenure at UNC-Chapel Hill
The surprising move raises concerns about academic freedom.
Facebook's Oversight Board Was Right To Ban Trump
It's a working model for non-state governance in cyberspace that is vastly preferable to government control of social media.
Overreacting To Domestic Terrorism Makes It Worse
Targeting “extremists” threatens civil liberties while increasing the stresses that lead to violence.
From FCC Commissioner Brendan Carr, About Baltimore Prosecutor Marilyn Mosby's Complaint
Released May 10, but just posted on Westlaw.
Court Affirms >$10M Libel Verdict Against Disgruntled Ex-Employee-Turned-Competitor
The defendant had been barred from presenting his defense, as a sanction for his persistent violation of court orders, including one that he had expressly consented to.
Americans Don't Want Schools To Punish Off-Campus Speech
Only students support extending the power to penalize speech, raising concerns about what they’re learning in school.
Risky Pleading in Sex-Related Libel Cases
If plaintiff broadly claims that defendant libeled her by "imputing unchastity," she risks having to disclose a lot about her sexual history.
Another "Racial Ridicule" Arrest in Connecticut, This One for an Online Insult
But the "racial ridicule" statute under which this is happening (1) by its terms doesn't cover such speech, and (2) if it did, it would be unconstitutional.
No Preliminary Injunctions Against Libel, Magistrate Judge Reaffirms
And claims of veiled threats don't change that.
More on the New Taboo: Accurately Quoting Source Documents in University Classrooms
Rutgers Law School, the National Coalition on Censorship, and the Washington Post.
My New "Dissenting Opinions" Podcast
some heterodox views about Supreme Court opinions, and more
