Beyond the First Amendment: Anti-Libel Injunctions and Prosecutorial Discretion
Even if injunctions against libel don't violate the First Amendment, should state courts still reject them on state separation of powers principles?
Libel
The First Amendment and the Hybrid Preliminary Injunction
A relatively novel suggestion, aimed at providing libel defendants with the necessary First Amendment protections while still giving libel plaintiffs protection early in the litigation process.
The Limited Role of Mens Rea in Hybrid Anti-Libel Injunctions
I'm continuing to serialize my forthcoming Penn Law Review article on Anti-Libel Injunctions.
Restricting Injunctions to Libels on Matters of Private Concern?
Should the availability of anti-libel injunctions turn on the subject matter of the false and defamatory speech that's being enjoined?
The First Amendment and the Hybrid Permanent Injunction
This is the key proposal from my forthcoming Penn Law Review article on Anti-Libel Injunctions -- a way of taming the anti-libel injunction to include important First Amendment procedural protections, but still allow its use to prevent genuine libels.
How Specific Anti-Libel Injunctions Underprotect Speech
I'm continuing to serialize my forthcoming Penn Law Review article on Anti-Libel Injunctions.
The First Amendment and the Specific Preliminary Injunction
I'm continuing to serialize my forthcoming Penn Law Review article on Anti-Libel Injunctions.
The First Amendment and the Catchall Permanent Injunction
I'm continuing to serialize my forthcoming Penn Law Review article on Anti-Libel Injunctions.
"Free Speech Rules," My New YouTube Video Series -- Episode 3 (Fake News) Now Out
Please share it widely!
The First Amendment and Criminal Libel Law
I thought I'd serialize my forthcoming Penn Law Review article on Anti-Libel Injunctions; here is the section on criminal libel law -- the article argues that anti-libel injunctions are like mini-criminal-libel laws.
Fake News and the First Amendment: Free Speech Rules (Episode 3)
Episode 3 of Free Speech Rules, starring UCLA law professor Eugene Volokh
Anti-Libel Injunctions and the Criminal Libel Connection
My new article, forthcoming in the University of Pennsylvania Law Review late this year -- I'd love to get feedback, while there's still plenty of time to edit it.
Libel Case with the Alleged Libels Under Seal
This violates the First Amendment and common law rights of access to court records, I think; Paul Alan Levy (Public Citizen) has just filed a motion to intervene and unseal in the matter (Shelby Resorts Corp. v. Does, in New Jersey Superior Court).
No Preliminary Injunctions Against Libel
Another court opinion reinforces this principle -- even if repetition of libelous statements can be forbidden after a trial on the merits at which the statements are found libelous, it can't be preliminarily enjoined before such a trial.
The Media's Covington Coverage Was Appalling, but Nick Sandmann's Libel Lawsuit Is Not the Answer
A teenager wrongly accused of harassing a Native American activist sues The Washington Post for $250 million.
Justice Thomas's Skepticism of New York Times v. Sullivan
First Amendment limitations on libel and other torts are complicated
SCOTUS Won't Hear Defamation Case Against Bill Cosby; Clarence Thomas Has Issues with Landmark First Amendment Ruling [UPDATED]
Thomas thinks the Supreme Court may have erred in its 1964 NYT v. Sullivan ruling.
Libel Law and the Covington Boys
Facts vs. opinions; compensatory/presumed/punitive damages; negligence, recklessness, and knowledge; libel per se; timing; choice of law; and more defamation law fun.
Appellate Court Rejects Cartoonist Ted Rall's Libel and Employment Claims Against L.A. Times
The claim stemmed from the Times' published statements "questioning the accuracy of a blog post plaintiff wrote for The Times," and the Times' decision not to publish more work from Rall.
Fourth Circuit Rejects Libel Claims over Misleading Edits in Katie Couric's "Under the Gun"
The "questionable" "editing choices," the court said, weren't sufficiently injurious to reputation to qualify as libelous (whether or not they conveyed a false message).
Joe Arpaio Sues for $147 Million Over New York Times Op-Ed Slamming His Cruelty
The op-ed's claims are harsh, but they're also true.
First Circuit Holds Most Anti-Libel Injunctions Are Unconstitutional
Federal and state courts are divided on whether such injunctions are constitutional, and the U.S. Supreme Court has not weighed in.
Criminal Libel Laws Are Constitutional If They're Limited to Deliberate Lies
There's a New Hampshire prosecution for criminal libel of a police chief -- and it may well be legally viable, at least if the defendant's statement is seen as a knowingly false factual claim. [UPDATE, June 8, 2018: Charges have now been dropped.]
Candidate for Oklahoma Legislature Sues Over Sealed Mystery Libel
A libel lawsuit in which the alleged libel is sealed is like Hamlet without the Prince -- or maybe like Othello with Iago's slanders redacted.
Minister Has Sex with Married Parishioner -- Can Church Be Liable for Saying the Parishioner Committed Adultery?
No, says the Iowa Supreme Court, rejecting the claim that such statements (labeled "counterculture practices" by the plaintiffs) were libelous or negligent.
Arkansas Judge Issues Temporary Restraining Order Against Allegedly Libelous Political Ad
The ad criticizes Arkansas Supreme Court Justice Courtney Goodson; the TRO that she just got today is almost certainly an unconstitutional prior restraint.
Libel and Antimatter
"[Defendant's] posts inspired viewers' comments, which read like a nerd's version of a fist fight." More substantively, "In this context, and considering the cutting-edge nature of [plaintiff's] research into antimatter's theoretical applications [which defendant was sharply criticizing], a reasonable reader would expect zealous debate."
Reporting on Lawsuit—but Not Mentioning It Was Settled—Is Not Libelous
So the New Jersey Supreme Court held this morning, in Petro-Lubricant Testing Laboratories, Inc. v. Adelman.
Libel by WiFi Network Name
City councilman names his WiFi network "[Name of mayor and her husband] stocking u2"; could be libelous, holds the Idaho Supreme Court by a 3-2 vote.
Minn. Sup. Ct. to Decide: Do Ordinary Speakers Have Lesser First Amendment Rights Than Newspapers?
In 1980, the Minnesota Supreme Court said "yes"; yesterday, it agreed to hear a case that might lead it to reconsider.
Non-First-Amendment Objections to Anti-Libel Injunctions
A new section for the brief I blogged about last week, ultimately arguing that an injunction is improper in Sindi v. El-Moslimany -- but not because of the First Amendment.
Why Properly Crafted Injunctions Against Libel Are Constitutional
I'm crowd-testing this draft amicus brief, which I need to be file by Wednesday, April 25. Please tell me what I'm getting wrong here!
No, Trump Still Can't Outlaw Mocking Him
When it comes to "opening up" the First Amendment, the president's bark is worse than his bite.
How Controversial Chinese Billionaire Founder of Faraday Future Got a Gag Order Against Critic
Jia Yueting got an injunction from a Washington state court, forbidding critic Gu Yingqiong from "publish[ing] any posts or [online] commentary concerning" Jia.
Court Throws Out Libel Lawsuit Brought by Open Source Security
Bruce Perens' claimed that Open Source Security's license violates the GPL open-source license agreement; that's protected opinion, the court said.
A Professor Whose Renewable Energy Claims Are Challenged Sues For Libel
Is there no more room for scientific skepticism and debate?
Arpaio Attorney Threatens Harvard Law Prof With Libel Suit Over Op-Ed
Arpaio doesn't like to be reminded he was held in contempt of court
5 Clichés Used to Attack Free Speech
Five terrible, perpetually recurring arguments, debunked.
No, Trump Won't Change the First Amendment, But It Matters That People Want To
Government censorship always wears the mask of 'public interest,' and this will be no different.
Trump Wants to 'Change Libel Laws' So That Truth Is No Defense
The president thinks incomplete press coverage should be grounds for a lawsuit.
Dr. Oz Rebuffs First Amendment Challenge by Olive Oil Industry
Do you love the First Amendment but detest Dr. Oz? Read on.
Judge Dismisses Libel Lawsuit against Donald Trump
The beauty of the First Amendment is that it even protects people who wouldn't protect it.
Nat Hentoff, 1925–2017
One of the most vocal civil libertarians of the past century has died.
Trump's Problem With Free Speech
The billionaire bully chafes at the restrictions imposed by the First Amendment.
Trump Campaign Manager Suggests the President-Elect Could Sue Harry Reid for Libel
Kellyanne Conway says Trump's critics should be "very careful" about dissing him "in a legal sense."
ABA Rejects Report on Trump's Frivolous Lawsuits, Fearing a Frivolous Lawsuit
The episode underscores the author's point about the speech-chilling impact of SLAPPs by thin-skinned rich people.
When It Comes to Unauthorized Pawing, Does Trump Have a Reputation to Damage?
Responding to the candidate's lawsuit threat, The New York Times says its story had no effect on a reputation he created for himself.
