Kimberlin is also known for having accused Dan Quayle of having bought marijuana from him, and has since become a frequent litigant, including against bloggers Patrick Frey (Patterico), Aaron Walker, and others.
The court doesn't reach the question whether the speech was a true threat, but concludes that it couldn't be punished on the rationale that it caused substantial disruption to a public high school.
Or, to be precise, her lawyers must do so.
Yes, says a federal court, partly because this particular challenge (to a policy “which only allowed religious exemptions for those individuals who are members of organized religions whose teachings entirely forbid vaccinations”) appears to be purely legal in nature.
Another example of how badly split courts are on pseudonymity questions.
“especially a law enforcement officer acting according to their official responsibilities.”
"A person cannot confer [the privilege for fair report of court filings] upon himself by making the original defamatory publication himself and then reporting to other people what he had stated"
"[N]early every public official draws the attention of critics and cranks who have opinions they insist on sharing.... But rather than accept that as one of the privileges of public service, the defendants decided to pursue a lawsuit that asked a state court to impose a prior restraint on the plaintiff's speech."
For decades, libertarians have focused on illiberalism coming from the political left. But authoritarianism has taken root among many conservatives across the world.
If so, should that be because his "stellar reputation is a critical component to ensuring the public's trust for him to operate on their children for complex procedures"?
but the minors involved (including the accused students) will be pseudonymized.
That's the law in Delaware, it turns out.
Also, "He also reported that in 2012, he had thought about amassing enough classified information to give to Russia or the Ukraine in exchange for a harem of little girls."
"[I]f the purported falsity of the complaint's allegations were sufficient to seal an entire case, then the law would recognize a presumption to seal instead of a presumption of openness."
While this is a problem, it's not one that scrapping Section 230 would solve.
It sucked for avoidable reasons.
So holds the court in a libel lawsuit brought by Jerry Falwell, Jr.'s former personal trainer.
notwithstanding the “litigation privilege,” if the statute of limitations has long passed and there is therefore no reasonable prospect of meritorious litigation.
Advice from a judge to the litigants in a libel case.
"The statements include that Hubbard ... has been 'advocating for pederasty (pedophilia) for as long as he has taught at the University of Texas.'"
and remands for retrial as to whether such a purpose would be shown.
Four courts have recently said yes, in cases brought by conservative Muslims and Christians.
"Dominion's well-pleaded allegations, however, support the reasonable inference that Fox's reporting was not accurate or dispassionate."
A white administrator is claiming she was fired based on her race, and based on her complaints that her department chair said "I despise white people" and various other things.
can go forward as to the "false light" claim, but not as to the libel claim (at least unless the plaintiff can amend his Complaint to adequately allege specific economic losses).
“The events of January 6th were an attack on the foundation of our democracy. But this does not relieve the Department of Justice from following its own guidelines, written to preserve the very same democracy.... [This case] leaves the court to wonder who watches the watchmen.”
Keeping professors from testifying in lawsuits isn't the school's only free speech problem
Federal district court holds that the First Amendment sharply limits restrictions on such professional-client speech, at least when the speech doesn’t involve “prescribing medication or reaching a diagnosis.”
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