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.
Free Speech
A Promising Qualified Immunity Decision From a Potential Biden SCOTUS Nominee
Judge Ketanji Brown Jackson denied qualified immunity to the officers involved in Patterson v. United States.
Anti-Riot Act Partly Upheld, Partly Struck Down
The Ninth Circuit decides a case involving "Rise Above Movement" white supremacists who participated in riots in California.
Global Freedom Is Losing Ground
Democracies are going to have to do better at exercising their core liberal values to prove their worth and win back support.
Government, Not Big Tech, Is the Biggest Threat to Free Speech
One bill would require lengthy disclaimers on all online political ads.
Democrats Demand Social Media Users Talking Politics Disclose Certain Foreign Connections
Plus: The era of sovereign influencers, a new experiment in universal basic income, and more...
Pseudonymity Controversy in Kevin Spacey Sex Abuse Case
May plaintiffs alleged sexual assault proceed pseudonymously, when the defendant is being publicly named?
Texas Court Reverses $1.2 Million Libel Decision Based on Yelp Review Complaining About Earlier Unpaid Judgment
The libel claim, the court held, was foreclosed by an agreement settling the lawsuit that had indirectly led to the review.
New Colorado Bill Would Create Commission to Restrict "Hate Speech," "Fake News," "Conspiracy Theories" on Social Media Platforms
The bill was introduced by Colorado Senate president pro tem Kerry Donovan (who is also running for Congress).
Attorney Fees Motion Can't Be Decided with the Attorney Fees Sealed
"[O]nce a matter is brought before a court for resolution, it is no longer solely the parties' case, but also the public's case."
Beauty Pageant Has First Amendment Right to Exclude Male-to-Female Transgender Contestants
So a federal district court apparently held in Green v. Miss United States of America, LLC.
Plaintiff Loses Libel Appeal Against Above The Law
The statements about former law student Jonathan Mullane were either a fair report of court proceedings or protected by the First Amendment.
Libel Lawsuit Over "Son of a Hitman" Podcast [UPDATE: The Lawsuit Has Been Dismissed]
The podcast is about Charles Harrelson (actor Woody Harrelson's father), who had been convicted of murdering a federal judge
Tennessee Republicans Call on University Presidents To Punish Student-Athletes for Kneeling
These demands obviously violate the First Amendment.
Clare Locke's Letter to Twitter About Suspension of @TheOvalPawffice
(Clare Locke LLP is one of the top plaintiff's-side libel law firms, though this isn't a libel case.)
Conviction for Praising Prostitutes (as "Promoting Prostitution") Upheld
Not sure that paying for sex makes you an "extraordinary gentleman," even if you do try to "give something back" by providing expert consumer reviews.
George Zimmerman v. Pete Buttigieg & Elizabeth Warren
An interesting decision on a motion to dismiss in this libel lawsuit.
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.
