He Heckled a District Attorney on TV. Now He Faces 10 Years Behind Bars.
On Wednesday, a Massachusetts judge will decide whether Joao DePina will face the possibility of a decade behind bars for publicly criticizing a district attorney.
Civil Liberties
Federal Judges Block Parts of Florida Law That Force Social Media To Carry Political Messages
A new ruling says Twitter and Facebook are not “common carriers" and thus cannot be forced to carry politicians' messages.
Johnny Depp and Amber Heard Demonstrate How Not To Handle a #MeToo Case
The torturous trial calls to mind Title IX investigations on college campuses.
Drivers Successfully Challenge Debt-Based License Suspensions
Civil liberties groups argue that debt-based license suspensions are unfair and illogical since they deprive people of transportation, preventing them from earning money to pay off debts.
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."
He Was Arrested for Criticizing the Cops. A Federal Court Says He Can Sue.
Jerry Rogers Jr. complained that police hadn't solved a murder yet—and found himself in a jail cell.
San Francisco Archbishop Bars Nancy Pelosi From Communion Over Abortion Stance
This has nothing to do with the separation of church and state.
Justice Kennedy: Draft Opinion Leak Was "Cowardly, Corrupt, Contemptuous Act."
The former Associate Justice joins those condemning the leak of a draft opinion.
Meet Newton Howard, the Brain Scientist Who Put Giant Transformers in Front of His D.C. Home
The Georgetown professor isn't a toy lover—he's trying to convey a philosophical idea about the nature of free will and the capacity of humans to remake the world around them.
Court Declines to Enter TRO Ordering Defendants to "Retract … Complaints … to Amazon"
The court so holds as a matter of the law of remedies, though I think such an order would generally be an unconstitutional prior restraint as well.
When Is it a Taking of Private Property to Bar a Property Owner from Excluding Unwanted Visitors?
Understanding the scope of Cedar Point Nursery v. Hassid.
Mainstream Political Argument Forbidden "in the Modern Public Square" of Facebook
Sen. Marsha Blackburn's "Biological men have no place in women's sports" post was apparently blocked as "hate speech."
Federal Court Sanctions MyPillow CEO Mike Lindell for "Frivolous" Legal Claims
A federal district court judge dismissed Lindell's counterclaims against Dominion and Smartmatic, and Lindell may still be on the hook for defamation.
Court Upholds Denial of Restraining Order for "Online Rants That [We]re False" About Petitioner
The trial court reasoned: "You guys ... have a spat on Facebook.... Nobody cares about these s[p]ats. Just block them and move on."
The Inevitable #MeToo Allegation Against Elon Musk Is Weak
It seems like an ambiguous episode that was handled appropriately.
U.S. Senate Candidate Alan Grayson Loses Libel Lawsuit
Criticism of Grayson (who's now running in the 2022 Florida Senate primary) in his losing 2018 House campaign was based on "articles by independent, reputable sources," and there wasn't clear and convincing evidence that the defendants knew their statements were false or likely false (the so-called "actual malice" standard).
Republicans Defend Texas Social Media Law—and Compelled Speech
Plus: Twitter defends user anonymity, Oklahoma legislature approves abortion ban, and more...
Thomas Massie Has a Point When He Says Congress' Antisemitism Resolution Has a Free Speech Problem
Massie was the only House member to vote against a resolution demanding social media companies do more to track and suppress antisemitic content.
New York Times Columnist Gail Collins Proposes a 'Simple Battle' To 'Get Rid of the Guns'
It's not clear which guns she is talking about, and even Collins does not seem to know.
Court Rejects Lawsuit Against Teacher's Aide Who Criticized Student Who Had Committed Suicide
The student's mother alleged that he had been bullied and the school district had done nothing to protect him; the teacher's aide responded in an online public discussion, saying (among other things) that the student had been doing the bullying; the parents sued.
"May Be The Most Helpful Brief I've Ever Read,"
said Judge Vince Chhabria (N.D. Cal.) about this amicus brief from Paul Alan Levy (Public Citizen) and Phillip R. Malone of the Juelsgaard I/P and Innovation Clinic (at Stanford).
The Buffalo Massacre Illustrates the Inherent Limitations of 'Red Flag' Laws
Predicting violence is a lot harder than people claim in retrospect, and a wider net inevitably ensnares more innocent people.
Nina Jankowicz's Faulty Record, Not Her Critics, Doomed the Disinformation Board
And The Washington Post's wildly one-sided account of Jankowicz's fall was an exercise in government PR.
Bitcoin: A Weapon for Peace in the Israel-Palestine Conflict
Activist Fadi Elsalameen says U.S. aid doesn’t help Palestinians because of corruption. They need monetary freedom.
Does the First Amendment Bar Public Schools from Removing Library Books Based on Their Viewpoints?
The Supreme Court split on this 4-4 in 1982, and the matter remains unsettled.
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.
Special Signage Requirement for "Trans-Inclusive" Restrooms Unconstitutionally Compels Business's Speech
So holds a federal district court today; striking down a Tennessee statute.
Why Background Checks Do Not Stymie Mass Shooters
The vast majority do not have disqualifying records, and "universal" requirements are easily evaded.
Florida Bans Residential Picketing with "Intent to Harass or Disturb" -- but What Exactly Does That Mean?
A content-neutral ban on all residential picketing would be constitutional; but the "intent to harass or disturb" limitation may make the law unconstitutional or ineffective.
Former FDA Official: The Prohibition on European Baby Formula Isn't About Safety
"The knot in getting that product into the U.S. isn't safety, it's a regulatory issue," says Peter Pitts.
Repulsive Replacement Theory and Economic Delusions
Plus: The editors each point out one key disagreement they have with one another.
Why the Texas Social Media Law is a Menace to Freedom of Speech
The law forces social media firms to host and promote speech they oppose, and would set a dangerous precedent if upheld by the courts.
The First Amendment Protects the Right To Put a Tiny Penis on a Beer Label
A federal judge ruled Monday that North Carolina bureaucrats violated the Constitution when they tried to ban a Flying Dog beer over a possible penis on the label.
