"The New Taboo: Quoting Epithets in the Classroom and Beyond" Now Published
The article is co-written by Prof. Randall Kennedy (Harvard), a leading scholar of race and the law, and me.
Free Speech
Marco Rubio Echoes the Chinese Tyrants He Supposedly Hates
If you're going to attack Mark Zuckerberg for cozying up to Xi Jinping, maybe you should try harder not to sound like a Chinese dictator.
"President Trump, Justice Thomas, and the Future of Social Media": A National Constitution Center Podcast Episode,
with Center head Jeffrey Rosen; Katie Fallow, senior staff attorney at the Knight First Amendment Institute; and me.
Dr. Luke Isn't a Public Figure for Purposes of His Libel Lawsuit Against Ke$ha
So the New York intermediate appellate court held yesterday, by a 3-2 vote.
Experts Agree That Outdoor Post-Vaccination Masking Is Useless
Plus: U.S. approves sanctions on Myanmar's state-run businesses, Howard University dissolves its classics department, and more...
NYT: Tech Crackdowns Are Only Bad When Other Countries Do Them
By invoking the magic of good intentions, the Times justifies the U.S. acting like Russia and China.
"Retroactive" Liability after Barr v. AAPC
Judge Stephanos Bibas "does not see how" he can follow the plurality opinion
Social Media Platforms as Common Carriers?
An interesting conversation I had with UMass law professor (and associate dean) Shaun Spencer, organized by the UMass Law Federalist Society.
Montana Becomes Latest State To Protect Free Speech With the FORUM Act
Now 14 states have legislation explicitly protecting free speech on campus.
Can Schools Punish Kids for Off-Campus Snapchats?
"The notion that a school can discipline a student for that kind of...non-harassing expression is contrary to our First Amendment tradition."
Court Refuses to Seal Case That Plaintiff Wanted to Hide from Potential Employers
Unsurprisingly, the court also refuses to order private caselaw repositories and search engines to hide the information.
Florida's 'Anti-Rioting' Bill Gives the Government New Powers That Have Nothing to Do With Riots
Among other things, it calls for online censorship to shield identities of public officials and lets the governor control city police budgets.
Pharma Co. Demands Preliminary Injunction to Take Down Anesthesiology Journal Articles
Pacira Biosciences' redacted brief supporting the motion for the preliminary injunction is now available—but it says nothing about the First Amendment, or about how the injunction could escape the prior restraint doctrine.
Conservatives Embrace Their Own 'Wokeness' With Attacks on Private Businesses
Remember when Republicans believed private businesses had a right to exercise free speech?
Pharma Co. Suing American Society of Anesthesiologists, Seeking Removal of Criticisms in Anesthesiology Journal + Retraction
Pacira Biosciences, Inc. is suing over allegedly "false and misleading statements made about EXPAREL, a pain medication drug."
Threat of Frivolous but Reputation-Damaging Lawsuit Can Be Criminal Extortion,
if it's used as an attempt to get a settlement, the Ninth Circuit rules .
When Everything Is 'Systemic Racism,' People Will Tune Out the Term
Leveling that grave accusation at every aspect of American life will produce disengagement, alienation, and reaction.
University of Oklahoma Diversity Training Forces Students and Faculty To Affirm the School's Political Views
The mandatory online training requires users to select the “right” speech before they finish.
Georgetown Law Prof. Lama Abu Odeh on the "Progressoriat" and "Georgetown's Cultural Revolution"
"Terror and dread fill academic workers, professors, and staff alike, and it is everywhere."
Can Places of Public Accommodation Exclude People Based on Their Politics?
It all depends on where you are.
Some Thoughts on Google v. Oracle, from Prof. Rebecca Tushnet (Harvard)
"Categories, microworks, and market circularity."
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.
