"New York Recognizes No Tort of 'Misgendering'"

The losing party on this had argued, "[The other party's lawyer] gives up the ghost as a transphobe twisting the First Amendment to mean, in effect, 'Intentionally misgendering you is free, not hate, speech,' a hollow, disingenuous notion echoing willfully ignorant, intellectually dishonest predators who weaponize incompetence as our social fabric tears at the seams in this 'Age of Information.'"

|The Volokh Conspiracy |

Social Media Speech "Recklessly" Jeopardizing Classmates' Sense of "Safety" by "Condon[ing]" "Forcible Family Separation by Immigration Authorities" May Be Punishable

So argues a concurring opinion in today's Second Circuit decision in Leroy v. Livingston Manor Central School Dist., also speaking about speech that "callously cheer[s] on or condone[s]" "police brutality, ... religiously-motivated attacks on their houses of worship, sexual or gender-based violence, or any other type of targeted state or private violence."

|The Volokh Conspiracy |

More on Free Speech on Campus, Title VI, and Anti-Israel Speech

"[I]n seeking to hold Cooper Union liable for [students'] expression, [plaintiff] cannot help but say the quiet part loud: sweeping otherwise-protected political expression into the hostility analysis will create pressure on institutions 'to suppress speech to ensure compliance with Title VI,' causing 'regulated entities to adopt restrictive policies in an effort to avoid liability' for a hostile environment."

|The Volokh Conspiracy |

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