George Zimmerman v. Pete Buttigieg & Elizabeth Warren
An interesting decision on a motion to dismiss in this libel lawsuit.
Free Speech
Computer Fraud & Abuse Act Lawsuit for … Posting Reviews That Allegedly Violate Terms of Service
Plastic surgeon David Shifrin is suing commenters who posted negative reviews based on an ex-patient's critical YouTube video. (There are also libel claims in the lawsuit as well.)
Lawmakers to Cable Providers: Why Are You Letting News Channels Say These Things?
This misguided effort to combat "misinformation" is a brazen assault on free speech.
City's Allowing "Black Lives Matter" Street Painting Doesn't Require It to Allow Other Writings
Just like a city can allow some monuments in city parks without having to allow others.
Equal First Amendment Rights Coming for Non-Media Speakers in Oregon?
The Oregon Supreme Court has agreed to reconsider its earlier precedents denying non-media speakers certain First Amendment libel law protections.
The Fairness Doctrine Was the Most Deserving Target of Rush Limbaugh's Rage
He was no libertarian, but he absorbed an important lesson about regulating speech.
Attempt to Vanish My Article About Attempt to Vanish Other Articles
My article was about Kelly Hyman v. Alex Daoud, in which a court order seemed to command all Internet "services" to remove material that mentions plaintiff or her husband (retired federal bankruptcy judge Paul Hyman).
Americans' Lust To 'Cancel' One Another Should Spark Soul Searching
It's the result of our overly politicized culture where many people like to shame and destroy their enemies, but it is undermining the benefits of free and open dialogue.
Conversation Friday About Information Technology Governance, with Rep. Ro Khanna, Prof. Ted Parson, and Me
That's tomorrow (as I write this), 2 to 3 pm Pacific time; free, but registration required.
Metal Musician Adam 'Nergal' Darski Fined by Polish Court for 'Offending Religious Feelings'
Behemoth frontman Adam 'Nergal' Darski was fined $5,000 for a 2019 social media post that showed him stepping on an image of the Virgin Mary.
The Facebook "Oversight" Board
You may have seen stories about the operation of Facebook's new and innovative "Supreme Court." Don't believe 'em.
"What Cheap Speech Has Done: (Greater) Equality and Its Discontents"
I'm serializing a forthcoming law review article of mine.
Larry Flynt Made the World Freer for Everybody by Pushing Boundaries
Abrasive, tasteless, and uncompromising, Flynt undoubtedly made the world safer for speech of all varieties.
FBI Arrests Activist Daniel Baker Over Posts About Police Abuse and Self Defense
Plus: The aftermath of the New York Times' anti-Pornhub crusade, and more...
N.J. Law Forbids Naming a Judge's, Prosecutor's, or Police Officer's Close Relatives Online,
whenever the judge, prosecutor, or police officer demands that the relative's name be taken down.
The Eighth Circuit's Narrow Decision About the Arkansas BDS Statute
One provision has been invalidated, but the general ban on boycotts of Israel by most state government contractors still stands.
Publishing Another Newspaper's Spiked Story: Copyright Infringement or Fair Use?
Likely fair use, at least under the Second Circuit's precedents.
Plaintiff Can't Sue for Claimed Constitutional Violations but Keep Key Facts Sealed
"It is simply not reasonable for a plaintiff to bring a case alleging that his constitutional rights were violated by state officials and not expect the facts on which those officials based their actions to be included in the public record of a case."
This Gun Shop Says It Won't Do Business With Biden Voters
Tech companies should have the same freedom to choose their customers.
Journalists Worried About People Having Conversations on Clubhouse
A person you know might be having an online conversation without a transcriptionist and a fact-checker right now, and we have to stop it.
Bret Stephens' Spiked Story on the Donald McNeil Firing, Published by the New York Post
"Unfit to Print: The Post publishes column The Times wouldn't"
"Does the Government Have the Right to Control Content Moderation Decisions?"
My conversation with Prof. Eric Goldman (Santa Clara) via the UCLA Institute for Technology, Law, and Policy.
Avenatti v. Fox News Getting Funner (at Least for Law Geeks Like Me)
Third Circuit Judge Stephanos Bibas has been appointed to hear the case.
Trump's Impeachment Lawyers Try To Deconstruct the Link Between What He Said and What His Followers Did
No amount of parsing can obscure his responsibility for the deadly attack on the Capitol.
The Vote-by-Tweet Memes Prosecution
The First Amendment and statutory questions in the Douglass Mackey / Ricky Vaughn case.
Trump's Dubious First Amendment Defense Against Impeachment
He is on firmer ground in arguing that the Senate does not have the authority to try a former president, although that issue is highly contested.
Civil Liberties Groups Plead With Biden To Stop Persecuting Julian Assange
Plus: Oklahoma cosmetologists fight insane licensing requirement, Australia doesn't understand how search engines work, and more...
Tennessee Pharmacy School Nearly Expelled Student for Twitter Sex Talk
The Foundation for Individual Rights in Education is suing on her behalf.
Interesting #TheyLied Appellate Libel Decision in Response to #MeToo Claims
I've been seeing many such libel lawsuits recently, though only a few have gone so far as to yield a verdict for the libel plaintiff.
Prof. Eric Goldman & Me on Whether Governments Can Limit Platforms' Content Blocking Decisions
A forthcoming panel Thu., Feb. 11, 2 to 3 pm Pacific, organized by the UCLA Institute for Technology, Law, and Policy.
"Censorship by Zoom and Other Private Platforms": The UC Academic Freedom Committee's Concerns
"The University’s responsibility to protect academic freedom and freedom of expression cannot be outsourced."
University Decisions About Funding Student Groups Can't Rely on "Unbridled Discretion"
An interesting ruling involving the University of Minnesota, by Judge Patrick Schiltz (himself a former professor).
Florida Gov. Ron DeSantis Wants $100,000 Fines for Social Media Companies That Deplatform Politicians
It’s a terrible idea that violates Section 230, but is it actually unconstitutional? Don’t be so sure.
Trump's Lawyers Say He Can't Be Impeached for Trying to Subvert the Election Because He Was Just Expressing an Opinion
They also argue that the Senate has no authority to try a former president.
House Impeachment Managers and Trump's Defense Lawyers File their Impeachment Trial Briefs
The House brief does a solid job of laying out the case against Trump. The defense brief is far less impressive.
