Germany's Criminalization of Online Offensiveness Shows the Perils of Weakening the First Amendment
A crackdown on insults, hate speech, and misinformation punishes dissenters who express themselves in ways that offend government officials.
Hate Speech
Cloudflare Can Cancel Service to Terrible Websites Like Kiwi Farms. But Should It?
Cloudflare's decision brings up fundamental questions about how internet infrastructure companies should operate.
U.K.'s Online Censorship Bill Causes Far More Harm Than It Attempts To Prevent
The innocuously-titled Online Safety Bill threatens citizens' rights to privacy and to speak freely.
Racial Slurs Aren't "Obscene"
They thus can't be punished under a disturbing the peace law that bans "obscene language," though under the right circumstances they could be punished under separate provisions that generally ban "fighting words" (whether racially offensive or otherwise).
Federal Prosecutor Sets Up Hotline for Reporting, Among Other Things, People "Espousing … Hate-Filled Views"
"In Massachusetts, we have recently seen multiple incidents of groups espousing deeply offensive and hurtful ideologies displayed on our streets."
New Japanese Law Makes 'Online Insults' a Jailable Offense
Dedication to free speech is in short supply around the world, with Britain and Canada previously considering similar bills.
Court Rules for Student Free Speech as to Off-Campus "Me and the Boys Bout to Exterminate the Jews" Post
“Defendants cannot claim a reasonable forecast of substantial disruption to regulate C.G.’s off-campus speech by simply invoking the words ‘harass’ and ‘hate’ when C.G.’s speech does not constitute harassment and its hateful nature is not regulable in this context.”
New N.Y. Law Aimed at Getting Social Media Platforms to Restrict "Hateful" Speech
Its operative provisions just require social media platforms to create a mechanism for taking complaints about such "hateful" speech; but the title is "hateful conduct prohibited," and it's clear the legislature is trying to get social media platforms to restrict such speech more.
A response to the latest vilification campaign against the NRA
David Kopel at the National Firearms Law Seminar
Slurs Posted from High School Campus Can Be Punished Even If They Aren't "Disruptive" or "Fighting Words"
The result might have been different "if plaintiff's speech had occurred off-campus."
New York's Governor Wants to 'Silence' Constitutionally Protected Speech
In response to the Buffalo massacre, Gov. Kathy Hochul invoked a hoary analogy to justify censorship.
Trial Court Focused Too Much on Racial Slurs by Defendant Towards Police Officers
So holds the California Court of Appeal, in sending back to a different judge defendant's motion to retroactively downgrade her conviction (for non-slur resistance to the officers) to a misdemeanor.
Why Hate Speech Laws Backfire
A new history of free speech argues the best way to defeat hate speech is by openly confronting it in the public square.
Jacob Mchangama: How Hate Speech Laws Punish Minorities
In the new book Free Speech, the Danish activist defends radical self-expression from Socrates to social media.
U.K. Officials Want Even More Power To Punish You for Being Mean Online
A Scottish man was just convicted for tweeting an insult about a dead person. The authorities already have too much power to censor.
Bob Corn-Revere: How Today's Censors Hide Behind Science and Psychology
In The Mind of the Censor and the Eye of the Beholder, the legendary First Amendment lawyer exposes the tricks of today's "anti-free speech movement."
Showing "20 Shocking China Facts You Don't Know" Video in Class Led to Firing of Minnesota Teacher,
though an arbitrator reduced this to a 40-day suspension.
Teacher Suspended Partly for Quoting (on Personal Facebook Page) Bernie Sanders' "Woman … Fantasizes Being Raped" Essay
"The undersigned finds that despite Mr. Caggiano's belief that his post makes an important point [criticizing] Bernie Sanders, the undersigned finds that it can be logically read to be patently offensive, discriminatory, and degrading to women."
Zoom Conversation Today (Noon Pacific) with Nadine Strossen, Former ACLU Head
The conversation will be about Prof. Strossen's Journal of Free Speech Law article, "The Interdependence of Racial Justice and Free Speech for Racists," and it will be with Profs. Jane Bambauer, Ash Bhagwat, and me.
Connecticut "Racial Ridicule" Ban Challenged in Federal Court
The law is unconstitutional as written—but it has also been used by prosecutors far beyond its specific terms.
Why Are the Media Treating 'Let's Go Brandon' Like Criminal Hate Speech?
The anti-Biden slogan is clearly protected by the First Amendment.
Realtors Group Hearing "Hate Speech" "Ethics Complaint" Against Pastor-Realtor …
for saying "LGBTQ+" "Pride" message is "against our biblical doctrine."
Eyewitnesses with Their Backs Turned
An interesting "harassment, intimidate, or bullying" investigation case from New Jersey schools. (Corrected version of a post initially put up yesterday.)
Eyewitnesses with Their Backs Turned
An interesting “harassment, intimidate, or bullying” investigation case from New Jersey schools.
Social Media Isn't To Blame for the Deadly Stabbing of a British Member of Parliament
Attempts by British lawmakers to erase online anonymity would lead to radical speech being pushed underground.
TikTok 'Hatescape' Hype Ignores Important Details
A new analysis reportedly showing a huge proportion of TikTok content is racist tells us nothing about the overall prevalence of extremist and bigoted content on the app.
Facebook Oversight Board: "Fucking Chinese" Referring to Chinese Government Not Forbidden by Facebook Rules
"It is crucial to ensure that prohibitions on targeting people based on protected characteristics not be construed in a manner that shields governments or institutions from criticism."
Facebook Will Now Ban Criticism of "Concepts, Institutions, Ideas, Practices, or Beliefs" When They Risk "Harm, Intimidation, or Discrimination" Against Religious, National, or Other Groups
This includes "burning a national flag or religious texts, caricatures of religious figures, or criticism of ideologies."
The World Loves Free Speech—Except When They're Offended
Americans oppose restrictions, but report feeling less free to speak about political matters.
