Free Speech
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.
A Duty to Correct Libelous Material You Posted, Once You Learn That It's Libelous
Another article that I'm serializing over the coming days.
Thoughtcrime at Georgetown? "It Is … Wrong for Faculty to Be Thinking -- Not Just Speaking -- …"
... about there being disproportionate number of black students near the bottom of a class.
No Sealing of Documents in Dispute Over Settlement of Public School Air Quality Lawsuit
"The public has every right to understand how the public and elected officials of the Town of Wilton and the Wilton Public Schools in the exercise of their best judgment sought to resolve this case."
Court Reinstates $550K Award in #TheyLied Lawsuit
The plaintiff was fired and accused of sexual harassment; he won a libel lawsuit over that, and the jury awarded him $550K, but the trial court had reduced it to $100K.
Kentucky Bill Would Ban "Fighting Words" Aimed at Police Officers
Is that constitutional? Not clear.
The Kentucky Bill That Would Criminalize Words That Offend Cops Also Would Authorize Arrests for Distributing Water Bottles
The heavy-handed measure, a direct response to the protests provoked by the shooting of Breonna Taylor, looks like an attempt to deter constitutionally protected activity.
Overbroad Injunctions Against Speech
Why Are Some Courts Issuing Overbroad Injunctions Against Speech? "All the Craziness … Needs to Stop Totally"
Some speculation from my forthcoming article.
These Big Tech Bills Are Unconstitutional. State Lawmakers Don't Care.
Plus: Problems with the PRO Act, what libertarian feminism isn't, and more...
Adjunct Law Professor Fired for Saying to Colleague, "A Lot of My Lower [Graded Students] Are Blacks"
Compare: “With the exception of traditionally black law schools ..., the median black law school grade point average is at the 6.7th percentile of white law students.”
Overbroad Injunctions Against Speech
Why Are Some Courts Issuing Overbroad Injunctions Against Speech? Part 2, Judges as Flexible Problem-Solvers
Some speculation from my forthcoming article.
Overbroad Injunctions Against Speech
Why Are Some Courts Issuing Overbroad Injunctions Against Speech? Part 1, Absence of Intermediaries
Some speculation from my forthcoming article.
These Nonprofit 'Disclosure' Requirements Are an Assault on the First Amendment
A California rule and a bill approved by the House seem designed to chill freedom of speech and freedom of association.
"The Presumption of Openness [of Court Records] Is Law 101"
“But increasingly, courts are sealing documents in run-of-the-mill cases where the parties simply prefer to keep things under wraps.”
Twitter Sues Texas Attorney General Ken Paxton, Accusing Him of Retaliating Against the Company for Banning Donald Trump
Plus: Iowa limits early voting, a prominent sex trafficking "rescue" group relies on psychics, and more...
Overbroad Injunctions Against Speech
Overbroad Injunctions Against Speech: Narrower but Still Overbroad
I’m continuing to serialize a new law review article draft of mine.
Overbroad Injunctions Against Speech
Overbroad Injunctions Against Speech: "Stop Talking About Plaintiff" Injunctions
I’m continuing to serialize a new law review article draft of mine.
Overbroad Injunctions Against Speech
Overbroad Injunctions Against Speech (Especially in Libel and Harassment Cases)
I’m serializing a new law review article draft of mine.
Biden Justice Department Sides Against Free Speech Advocates in Big First Amendment Case
The federal government weighs in on Mahanoy Area School District v. B.L..
City Council Member's Harassment Restraining Order Against Critics Reversed
Carlsbad City Council member Cori Schumacher had claimed the critics’ speech was threatening; no, the judge eventually held: "Simply calling these posts threats is not enough."
Josh Hawley's Toxic Populism
Is the senator's authoritarian grandstanding the dark future of the GOP?
Kentucky Bill Would Make Insulting a Cop a Crime
Courts have widely upheld the First Amendment right to hurl choice words or gestures at police.
Paycheck Protection Program Exclusion of Nude Dancing Establishments Upheld
The Second Circuit held that this was a permissible viewpoint-neutral restriction on a subsidy program.
