Free Speech
Free Speech Unmuted: The First Amendment and Privacy Rights
Jane Bambauer and I explore the uneasy collision between free speech and privacy law—from anonymous pamphlets and wiretaps to revenge porn, hidden cameras, Hulk Hogan, and whether anyone truly owns their own name or life story.
Court Issues Temporary Restraining Order Protecting Group Flying "8647" Flag
The flag, in context, likely doesn't fit within the First Amendment exception for true threats of illegal conduct or incitement of illegal conduct. [UPDATE: I had originally called this a preliminary injunction, but it is technically a temporary restraining order.]
"Disturbing Lawful Meeting" Doesn't Need to Be "Substantial" to Be Criminal, at Least if a "Purpose to … Disrupt" Is Shown
So holds the Ohio Court of Appeals, interpreting the Ohio disturbing-lawful-meeting statute.
Shame on the U.K. for Censoring Hasan Piker and Cenk Uygur
"This ban is completely unfounded and must be reversed," writes Shabbos Kestenbaum.
"ICE Expected the Court to Accept … [Its] Basis for Detaining Petitioner, but Shield Its Rationale from the Court"
"Such practices are repugnant to the rule of law, and ICE is warned that further obfuscation and misuse of sealing and redaction before the undersigned will lead to sanctions against the agency."
No Pseudonymity in Lawsuit by Inmate Who Claims Detectives Endangered Him by …
actions signaling that he might have sent law enforcement information about another inmate.
Conviction for Antifa Conspiracy to Riot Upheld, Despite Claim of Mental Disorder
"This is sociopolitical behavior," the trial court held, "not the behavior one would engage in when he [has PTSD]."
Libel Suit by "King of Vape" Against N.Y. Post, Over Allegations of Misconduct and Anti-Israel Actions, Thrown Out
"Plaintiff's allegations in [an earlier] complaint let the cat out of the bag that he is a public figure. He cannot put the cat back into the bag in the hope of keeping his case alive."
Panel on Free Speech at the Library of Congress This Tuesday (June 2), 5:30 to 7:30 pm (Moderated by David Lat)
Mary Anne Franks (GW), Emerson Sykes (ACLU), and I will be discussing a wide range of free speech matters.
DoJ Sues UCLA for Allegedly Tolerating Discrimination and Harassment Against Jews and Israelis, Seeks Return of Federal Grants
The lawsuit asks the court to (among many other things) "Rescind and award to the United States restitution of all grant payments made to UCLA during the time of UCLA’s noncompliance with Title VI."
Does Reporting Bad News About the Iran War Make You a Foreign Agent?
The Trump administration invokes the notoriously vague FARA to threaten a critic.
Ken Paxton's Primary Victory Shows How Trump's Grudges Undermine His Party's Interests
The president's last-minute endorsement of Paxton was driven by his petty grievances against incumbent Sen. John Cornyn, who was clearly the safer bet to retain the seat.
Anti-Tech Extremism Worries the Same Federal Government That's Been Fueling Anti-Tech Extremism
Plus: Plan B for STIs, justifying "deadly force" to protect fertilized eggs, and more.
Defamation Claim Against University-Owned Public Radio Station Dismissed on State Sovereign Immunity Grounds
"Eby alleged an anonymous group of KWMU's staffers published an article on Medium.com [in 2020] accusing him of upholding 'white supremacy at the station by remaining complacent with the status quo.'"
Law School Recommended Against Student's Bar Admission, Partly for Alleged "Celebration" of Charlie Kirk Assassination in Law School Clinic
The student sued seeking to undo the reprimand and report to the bar, but a federal court concluded that this particular remedy is barred by state sovereign immunity under the Eleventh Amendment.
Is the DHS Tracking ICE Critics? The Public Deserves Answers.
The DHS reportedly maintains a database tracking critics of the Trump administration’s immigration policies. Free speech advocates warn it could chill constitutionally protected speech.
Racial Slurs as Actionable Intentional Infliction of Emotional Distress
UPDATE: Link to transcript in the earlier criminal case, and quotes from the transcript, added
The New York Times Sues Pentagon Over 'Retaliatory' Escort Requirement
The Pentagon instituted its new press rules in the fall, prompting a months-long legal battle over the First Amendment.
A Tennessee Man Jailed for 37 Days Because of an Anti-Trump Meme Will Get $835,000 for His Trouble
Perry County Sheriff Nick Weems preposterously claimed that Larry Bushart had threatened "mass violence" at a school.
"Plaintiff Was Enticed by an Attractive, Busty Jewess, and Wet His Mouth with a Drink of Partially Unknown Provenance"
"Plaintiff suspects he was poisoned by Jews."
Use This One Weird Trick to Keep Your Name Out of an Upcoming Sexual Assault Lawsuit Against You
Or at least try: A court considered it, but ultimately said no.
Body Cam Video: Tulsa Police Arrest Food Not Bombs Volunteers for Feeding Homeless People
Food Not Bombs argues it has a First Amendment right to feed the needy without a permit. That's led to crackdowns and lawsuits around the country.
