"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.”
Free Speech
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.
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.
