Civil Liberties
Our Right to Criticize Governments and Countries,
whether the U.S., China, Israel, or anyone else.
Univ. of San Diego Law School Investigating Professor for Post Critical of China
In context, it seems clear that the post's reference to "Chinese" is indeed a reference to the Chinese government, not to people of Chinese extraction.
Government Censorship Is the Worst Cancel Culture of All
Politicians on the right and the left are coming for your free speech.
National Review Not Liable for Mark Steyn's Blog Post About Michael Mann
The court doesn't decide whether the column was libelous, but just that the National Review wasn't liable for Steyn's post, because Steyn wasn't an employee.
Incomplete Reports of Legal Proceedings as Libel
A bit of background on the current law of libel; I'll have more about the implications of this in an upcoming post.
California Lawmakers Try Again To Create a System To Decertify Bad Cops
Union resistance shut down last year’s effort.
Washington Wants To Be Able To Draft Your Daughters Into Military Service, in the Name of 'Equity'
Here's a better idea: Abolish the "Selective" Service.
The Duty to Correct Your Own Libelous Posts, and the Single Publication Rule
I publish something about you on Jan. 1, but I don't learn that it's false until Jan. 2. You then sue me for not taking down the post—should my liability turn on my mental state as of Jan. 1, or as of the time you sue?
No "Private Matter Among Friends" Exception to Public Access to Court Records
"Public access [to judicial records] serves to promote trustworthiness of the judicial process, to curb judicial abuses, and to provide the public with a more complete understanding of the judicial system, including a better perception of its fairness."
Texas Senators Want Sports Teams To Shut Up and Play the Anthem
Texas state senators introduced a bill requiring the national anthem at all pro sports events.
A New 'War on Terror' Would Be Just as Disastrous as the Original
"We don't need to use a faulty model and apply it to the very real terrorism problem that we have at home," says terrorism expert Max Abrahms.
The Existing Duty Not to Continue Displaying Posts on Physical Property—an Analog to a Similar Duty as to Online Posts
I'm continuing to serialize my forthcoming law review article on the duty to correct your own libelous posts, once you learn that they are libelous.
Plaintiff "Must Have Known That the Embarrassing Events During His Previous Employment Would Be Central to … the Case"
Court records are generally public records, embarrassing as they might be for the parties.
Reasons for a Duty to Correct Libelous Materials You Posted
I'm continuing to serialize my forthcoming law review article on this subject.
The War on Free Speech Is About To Get a Lot Uglier
The awful events of January 6 accelerated trends in left-of-center circles, particularly within media and technology companies.
"Some References Are Just Sophomoric Attempts at Humor"
A Maryland court reverses a juvenile delinquency adjudication based on a supposed threat at school.
A Lawyer for George Floyd's Family Says a Record-Breaking Settlement Gives Cities '27 Million Reasons' To Curtail Police Abuse
But the agreement could complicate Derek Chauvin's murder trial, and it leaves unresolved the question of whether qualified immunity would have blocked the lawsuit.
No Right of Publicity Claim for Publishing Court Opinion with Plaintiff's Name
Obvious, but good to have a cite for that.
743 Years and 3 Months. 117 Years. 51 Years. Why Are These Men's Sentences So Long?
For possessing a gun while committing a crime—even when no one is killed—too many defendants are slammed with sentences decades or even centuries longer than justice demands.
Lawsuit Challenges Clearview's Use of Scraped Social Media Images for Facial Recognition
Databases of involuntarily supplied identities make for a plug-and-play surveillance state.
A Duty to Correct Libelous Material You Posted, Once You Learn That It's Libelous
Another article that I'm serializing over the coming days.
Thoughtcrime at Georgetown? "It Is … Wrong for Faculty to Be Thinking—Not Just Speaking—…"
... about there being disproportionate number of black students near the bottom of a class.
No Sealing of Documents in Dispute Over Settlement of Public School Air Quality Lawsuit
"The public has every right to understand how the public and elected officials of the Town of Wilton and the Wilton Public Schools in the exercise of their best judgment sought to resolve this case."
Court Reinstates $550K Award in #TheyLied Lawsuit
The plaintiff was fired and accused of sexual harassment; he won a libel lawsuit over that, and the jury awarded him $550K, but the trial court had reduced it to $100K.
Kentucky Bill Would Ban "Fighting Words" Aimed at Police Officers
Is that constitutional? Not clear.
Dianne Feinstein's Latest 'Assault Weapon' Bill Is Just As Illogical As All the Previous Ones
As usual, the senator and her allies want to ban guns based on arbitrary distinctions.
The House Just Approved Two Background Check Bills That Would Make an Unfair, Irrational Gun Policy Even Worse
One measure would require checks for nearly all firearm transfers, while the other would increase delays in completing sales.
The Kentucky Bill That Would Criminalize Words That Offend Cops Also Would Authorize Arrests for Distributing Water Bottles
The heavy-handed measure, a direct response to the protests provoked by the shooting of Breonna Taylor, looks like an attempt to deter constitutionally protected activity.
Overbroad Injunctions Against Speech
Why Are Some Courts Issuing Overbroad Injunctions Against Speech? "All the Craziness … Needs to Stop Totally"
Some speculation from my forthcoming article.
These Big Tech Bills Are Unconstitutional. State Lawmakers Don't Care.
Plus: Problems with the PRO Act, what libertarian feminism isn't, and more...
Adjunct Law Professor Fired for Saying to Colleague, "A Lot of My Lower [Graded Students] Are Blacks"
Compare: “With the exception of traditionally black law schools ..., the median black law school grade point average is at the 6.7th percentile of white law students.”
Overbroad Injunctions Against Speech
Why Are Some Courts Issuing Overbroad Injunctions Against Speech? Part 2, Judges as Flexible Problem-Solvers
Some speculation from my forthcoming article.
Overbroad Injunctions Against Speech
Why Are Some Courts Issuing Overbroad Injunctions Against Speech? Part 1, Absence of Intermediaries
Some speculation from my forthcoming article.
Is the Supreme Court Preparing to End Qualified Immunity?
Experts disagree on whether this is likely or not. The answer remains unclear. But, either way, reform advocates should pursue both litigation and legislative reform. The two approaches are mutually reinforcing, not mutually exclusive.
These Nonprofit 'Disclosure' Requirements Are an Assault on the First Amendment
A California rule and a bill approved by the House seem designed to chill freedom of speech and freedom of association.
"The Presumption of Openness [of Court Records] Is Law 101"
“But increasingly, courts are sealing documents in run-of-the-mill cases where the parties simply prefer to keep things under wraps.”
Redskins Owner, Indian Libel Lawsuit, Friday Night Lights, Jeffrey Epstein, and a "Conspiratorial Saga"
“[T]hat the subpoenas directed at Mrs. McCloughan may be less of a bona fide effort to obtain evidence supportive of the claims brought in the Indian Action, than they are an effort to burden and harass individuals formerly associated with the Washington Football Team who may have acted as sources for The Washington Post story.”
Twitter Sues Texas Attorney General Ken Paxton, Accusing Him of Retaliating Against the Company for Banning Donald Trump
Plus: Iowa limits early voting, a prominent sex trafficking "rescue" group relies on psychics, and more...
Overbroad Injunctions Against Speech
Overbroad Injunctions Against Speech: Narrower but Still Overbroad
I’m continuing to serialize a new law review article draft of mine.
Overbroad Injunctions Against Speech
Overbroad Injunctions Against Speech: "Stop Talking About Plaintiff" Injunctions
I’m continuing to serialize a new law review article draft of mine.
Cops Who Assaulted and Arrested a Man for Standing Outside His Own House Got Qualified Immunity. SCOTUS Won't Hear the Case.
The Supreme Court delivers another blow to a victim of egregious police abuse.
