Mother Forbidden from Mentioning Her Own Name in Criticizing Custody Decision—and the Penn. S. Ct. Upholds This
The Pennsylvania Supreme Court 5-2 majority concludes that the injunction is "content-neutral," quite erroneously, I think.
Free Speech
Guidance on Filing Sealed Documents
Don't just file the document unsealed, and then ask for sealing
Would the ACLU Still Defend Nazis' Right To March in Skokie?
Former Executive Director Ira Glasser discusses the past, present, and increasingly shaky future of free speech.
Odd Legal Theory as to "China-Based Executive at [Zoom] Charged with Disrupting Video Meetings Commemorating Tiananmen Square Massacre"
Xinjiang Jin (also known as Julien Jin) is being charged with conspiring to ... cause "substantial emotional distress" to people, under the "cyberstalking" statute.
Worse Than Sealed Court Records: Sealed Motions to Seal
A judge rightly speaks out against them.
Fair Use to Republish, in Annotated Form, Drone-Taken Photograph Used in a Political Argument
As with all fair use claims, the analysis turns on the particular facts.
No Sealing of Court Filings That Discuss Misconduct Allegations Against Police Officer, But …
"unsubstantiated allegations" that are "irrelevant ... and therefore inadmissible" can be redacted from the public version of the filings.
The Bipartisan Push To Gut Section 230 Will Suppress Online Speech
That's a high price to pay because some politicians are angry about a little Facebook moderation.
Colorado University-Denver Revises Unconstitutionally Restrictive, Viewpoint-Based E-Mail Policy
The Foundation for Individual Rights in Education (FIRE) gets results.
N.Y. Aims to Ban "Symbols of Hate" Sold by Private Vendors at State (or State-Funded) Fairgrounds
But such a ban would be unconstitutional viewpoint discrimination, whether applied to the Confederate flag, white supremacist symbols, or whatever else might be labeled as "hate[ful]."
First Amendment Generally Protects Secret Recording of Police Officers in Public Places
So the First Circuit concludes, quite rightly, I think.
New York Gov. Andrew Cuomo Bans Sale of Confederate Flags, Despite Knowing This Has First Amendment Problems
"While I fully support the spirit of this legislation, certain technical changes are necessary."
Calling Someone a "Twisted Moron" Isn't Libelous
"The statement at issue here is plainly an opinion, albeit an unflattering one."
Nevada Can't Impose Greater Restrictions on Churches Than on Casinos, Bowling Alleys, Etc.
So the Ninth Circuit just held this morning.
The Prosecution of Julian Assange Is an Assault on the First Amendment
Though journalists tend to despise the WikiLeaks founder, his fate could impact the future of their profession.
Heckler's Veto: $1.5 Million Nuisance Verdict Against Abortion Clinic, Chiefly Based on Actions of Protesters and Arsonists
The same logic could apply when churches, synagogues, mosques, bookstores, gun stores, fur stores, and similar places are targeted by their enemies. We've filed an amicus brief before the Georgia Court of Appeals, in support of getting the verdict reversed.
Court Considering Whether Theaters May Reopen in N.Y. Alongside Churches
"Both religion and theatre implicate the exercise of First Amendment rights, and the prioritization of religious events over secular artistic events that enjoy First Amendment free speech protection raises potentially thorny questions."
Defendant "Wants to Go to a New Employer and Not Disclose the Serious Allegations Raised Against Him [in a Suit by His Ex-Employer]"
"This Court cannot be a party ... to such a deception." So holds a federal Magistrate Judge in rejecting the parties' joint motion to seal the complaint in the case, after it had been settled.
Firing for Off-Duty Pro-Confederate-Flag Speech May Violate Colorado Statutes
So held a federal judge, I think correctly, interpreting those particular statutes, in a lawsuit against United Airlines.
FTC and State Prosecutors Join Antitrust Dogpile on Facebook
Plus: Sexual misconduct at the FBI, Tulsi Gabbard and Mike Lee don't understand the First Amendment, and more...
"Can the Government Deny Foster Parent Applications Due to Religious Beliefs?"
An American Enterprise Institute "Are You Kidding Me?" podcast episode, with Naomi Schaefer Riley, Ian Rowe, and me.
Saying Someone "Just Likes to Talk a Lot" Is Not Defamatory
What? Is there something supposedly wrong with liking to talk a lot?
No First Amendment Right for Protesters to Use Courthouse Restrooms
Yesterday’s Socratic method post followed up today with Jungian analysis.
Political Discrimination Lawsuit Against Apple Can Go Forward
The plaintiff claims Apple was upset about his stance critical of censorship by the Chinese government, in the context of his reviewing the Guo Media App, established by a Chinese dissent.
Facebook Discriminating Against Whites, Males, Americans in Its "Hate Speech" Policy
Speech targeting whites, males, and Americans would be less likely to be blocked as "hate speech," the Washington Post reports.
Posting Public Records Can't Justify Anti-Harassment Order
So holds the Washington Court of Appeals.
FCC Head Ajit Pai on Section 230 and Free Speech
"I am pessimistic about where this goes in the future," says the outgoing chairman, who is stepping down in January.
"Faculty Are Free to … Disagree with Any Policy … of the University … Without Being Subject to Discipline"
Words to live by from the President of the University of Chicago, in response to demands to punish a professor who spoke out against various "diversity, equity and inclusion" programs.
Equal First Amendment Rights for Non-Media Speakers in Oregon
We've just filed a friend-of-the-court brief asking the Oregon Supreme Court to protect such equal rights, and overturn Oregon precedent that denies such rights.
Calling Neighbor "Slum Lord" on Facebook Found to Be Constitutionally Protected Opinion
at least in the context of a Facebook squabble.
"Neither Party Shall Engage in Any Social Media … Which Comments … on the Other Party's Emotional or Mental Health or Personal Behavior"
Another unconstitutionally overbroad injunction, struck down by the Florida Court of Appeal.
Ajit Pai on Net Neutrality, 5G, and Why He Wants To 'Clarify' Section 230
The outgoing FCC chairman discusses 'light-touch' regulation and the future of free speech on the internet.
Following Protests, France Retreats on Plan to Censor Filming of Police
Earlier in November, surveillance footage captured officers beating a man for not wearing a mask.
Drone Photography Potentially Protected by First Amendment
So a district court suggests in a challenge to a Texas statute that limits drone photography that "surveil[s]" private property—but that exempts similar surveillance by academics and certain others,
Law Professor vs. Law Blog Commenters Libel Suit Dropped
A company had a trademark canceled in a Trademark Trial & Appeal Board proceeding, based on what the Board described as the company's "delaying tactics, including the willful disregard of Board orders." The TTABlog posted about it, and some commenters criticized the company's lawyer, who sued them for libel.
Kentucky Religious Schools Have First Amendment Right to Reopen, Says Federal Judge
The decision should also support secular private schools having similar rights as well. (Public schools are under control of the state government, and lack First Amendment rights against it.)
