Free Speech
Supreme Court Declines To Hear Louisiana's Defense of a Law That Stamped 'SEX OFFENDER' on Driver's Licenses
The policy imposed an additional form of ritual humiliation on a reviled category of people without any plausible public-safety justification.
Denials of Professional Licenses Based on Past Social Media Posts
Joshua Gray was denied a Maine private investigator license on the ground that his past posts erred in criticizing a Maine State Police lieutenant; we’ve filed an amicus brief supporting the petition asking the Supreme Court to review the matter.
Ex-Wife Criminally Punished for Talking to Newspaper About Her Police Sergeant Ex-Husband
The court concluded that the conversation violated a previous order barring the ex-wife "from making any other public allegations against the Petitioner, Joe Stark, on social media (on any platform) or to his employer which may affect Petitioner's reputation or employment."
"What If Trigger Warnings Don't Work?"
"New psychological research suggests that trigger warnings do not reduce negative reactions to disturbing material—and may even increase them."
'Equity,' 'Multiculturalism,' and 'Racial Prejudice' Among Concepts That Could Be Banned in Schools by Wisconsin Bill
A bill touted as banning "critical race theory" in schools would actually ban a huge array of speech around culture, race, and sex, its sponsor says.
Draft of Proposed Amicus Brief in Anti-Libel Injunction / Society for Creative Anachronism Case
Should I file it in a Gothic font?
The First Amendment and Restrictions on "Off-Site" Signs
Here’s an amicus brief our UCLA First Amendment Amicus Brief Clinic just filed, on behalf of the Cato Institute.
The Texas Social Media Law Is Blatantly Unconstitutional
Government restrictions on private editorial discretion violate the First Amendment.
Cops Get Qualified Immunity After Jailing Florida Man for 'I Eat Ass' Bumper Sticker
Dillon Shane Webb will thus not be able to sue for the alleged violation of his free speech rights.
Everybody Is Wrong About Big Tech
Robby Soave doesn't like it when social media deplatforms users, but the far bigger threat comes from lawmakers on a mission.
Judge Explains First Amendment Basics to Wisconsin Sheriff Who Threatened Teen with Jail for Instagramming Her COVID Infection
No, law enforcement and school officials cannot order students to remove posts about exposure to the coronavirus.
"I Eat Ass" Bumper Sticker Might Be Obscene and Thus Constitutionally Unprotected
So holds a district court, concluding that the law is unclear enough that a police officer was entitled to qualified immunity based on his arresting a man for the sticker.
Sheriff Violated First Amendment by Ordering Teen to Take Down Post Saying She Had COVID
“Defendants may have preferred to keep Marquette County residents ignorant to the possibility of COVID-19 in their community for a while longer, so they could avoid having to field calls from concerned citizens, but that preference did not give them authority to hunt down and eradicate inconvenient Instagram posts.”
Libel in the Society for Creative Anachronism
An interesting example of libel that harms reputation within a social community, rather than professional or business reputation.
Government's Frivolous, Retaliatory Demand for Critic's Business Records May Violate First Amendment
"When ordinary people without legal training receive a demand from a government agency to produce tax returns and evidence justifying their business activities, a natural reaction is some degree of apprehension and defensiveness. Such concern is sensible because the transaction costs of dealing with a government investigation are never zero."
Virginia Tech Computer Policy Banning "Intimidation, Harassment, and Unwarranted Annoyance" Is Unconstitutionally Vague and Overbroad
So holds a federal district court.
Tenure Review Files Can't Be Sealed in Academic Employment Discrimination Lawsuit
“Evidence about Penn’s treatment of other tenure candidates will be at the heart of the parties’ arguments.”
NYC Theaters Sue Bill de Blasio, Claiming Vaccine Mandate Obstructs Free Speech
The lawsuit argues the mandate leads to discrimination based on content of speech and type of speaker.
Inadequately Amend Your Complaint, End Your Complaint
Court dismisses Ice Cube's trademark lawsuit over Robinhood's use of his image and of a version of his "Check you self before you wreck yo self" line.
Court Rejects First Amendment Overbreadth Challenge to Ban on Obstructing Law Enforcement
The defendant is accused of spraying Portland police officers with bear spray at a protest outside the Immigration and Customs Enforcement building.
Court Seals Name of Party, Orders Public Access Advocacy Group Not to Mention the Name
An interesting prior restraint case now being litigated in the Hawaii Supreme Court.
Florida Anti-Riot Law 'Violates the First Amendment,' Says Court in Scathing Rebuke of Gov. Ron DeSantis
The law's "vagueness permits those in power to weaponize its enforcement against any group who wishes to express any message that the government disapproves of," Judge Mark Eaton Walker warns.
Paycheck Protection Program Exclusion of Nude Dancing Establishments Likely Constitutional
So says the Seventh Circuit, agreeing with an earlier Second Circuit decision.
This Private Eye Was Denied a License Because He Criticized Police
Free speech and occupational licensing collide.
A Win for Devin Nunes in Lawsuit Over Journalist Ryan Lizza's Tweet
Plus: "The endless catastrophe of Rikers Island," studies link luxury rentals and affordable housing, and more...
Government Is Lousy at Protecting Civil Liberties, Say Americans
People doubt the government's role as a protector but send mixed messages about their value of freedom.
Biased Testimony in Backpage Case Triggers Mistrial
Judge said she has concerns that the government crossed the line several times.
FEC: Twitter Blocking the Hunter Biden Story Wasn't Election Interference
Maryland satire paper threatened over "OlneyFans" article, big tech companies "on the butcher's table," and more...
Let's Play Horseshoe Theory
Extremists on the left and the right are much closer to each other than either side would like to admit.
California Law Would Define "Harass" to Include Approaching Within 30 Feet to Give Leaflets to Strangers, or to Try to Speak to Them
The bill—focused on speech outside vaccination centers (except labor protests)—just passed both houses of the Legislature, and is waiting for Governor Newsom's signature.
"[No] Posting Anything Further About [Plaintiff]"—You're "Planting Bad Thoughts in People's Heads"
That was the justification for a trial court order, which the North Carolina Court of Appeals has just reversed.
