Civil Liberties
The Hunter Biden Laptop Repairman's Federal Libel Lawsuit Against Twitter Fizzles Quickly …
though the case can be refiled in state court.
District Court Reverses Own Right-to-Be-Forgotten-Like Decision
The judge had earlier ordered search engines and web sites to remove materials about a employment discrimination lawsuit.
Immunity Passports May Liberate Us From Lockdowns or Invite New Privacy Invasions
The idea is looking less like a Get Out of Jail Free card and more like a hall pass.
Latest Decision in Sarah Palin v. N.Y. Times: N.Y.'s New Anti-SLAPP Law Is Retroactive
If this decision stands, then the Supreme Court wouldn't have a chance to reconsider the N.Y. Times v. Sullivan "actual malice" requirement in this case (not that it was likely to in any event).
Strip Club Ban on Unaccompanied Women Spawns LGBT Rights Controversy
Plus: House votes on $2,000 stimulus checks, another win for Brooklyn churches challenging lockdown orders, and more...
Hunter Biden Laptop Repairman Sues Twitter for Labeling the Documents "Hacked"
Twitter's labeling, John Paul Mac Isaac contends, implicitly accused him of being a hacker, and was therefore libel.
No Injunction Against Using Person's Name/Likeness in Promoting Free Podcasts …
even when the podcast producer tries to make money from them.
Are These Vulgarity-Spouting Birds a Threat to Democracy?
Aaron Reynolds is just trying to make people laugh, but his content may have been flagged on Instagram for interfering with the election.
Suppressing 'Hate Speech' on Social Media Drives Users to New Platforms
The more that big social media companies act like they can control what people say, the more competition they encourage.
A Vilified Dominion Executive Sues Promoters of a Bizarre Tale at the Center of Trump's Election Conspiracy Theory
Eric Coomer says the claim that he bragged about fixing the election during an "antifa conference call" provoked a torrent of abuse and death threats.
'We're Not Doing Anything Wrong': This Pennsylvania Brewery Refuses To Obey State's Indoor Dining Ban
And it isn't alone. Pennsylvania has banned indoor dining through the end of the year, but dozens of businesses are banding together to defy the mandate.
Defamation Lawsuits May Leash the Kraken
The first defamation lawsuit against the Trump campaign and its allies has been filed. More seem likely.
British Culture Minister Threatens a 'Health Warning' on Netflix's The Crown
The show takes plenty of creative license, but viewers are smart enough to distinguish drama from documentary.
Lindsey Graham Says Trump Will Sign Spending Bill if It Takes Aim at Section 230
Plus: One in seven NYC chain stores closed, Columbus officers turned off body cams before fatal shooting, and more....
Therapist Elizabeth Brokamp Fights for the Right To See Patients Virtually
"I hope my case can start removing senseless boundaries to teletherapy," said Brokamp, who is suing in federal court on First Amendment grounds.
Mother Forbidden from Mentioning Her Own Name in Criticizing Custody Decision—and the Penn. S. Ct. Upholds This
The Pennsylvania Supreme Court 5-2 majority concludes that the injunction is "content-neutral," quite erroneously, I think.
The Massive SolarWinds Hack Won't Stop the Feds from Wanting All Your Data
Government surveillance doesn't just violate privacy rights; it’s a major security risk.
City Investigators Call Out NYPD for Using Excessive Force Against Protesters
Police response “likely escalated tensions and the potential for violence” say investigators.
ICE Deports Guinean Immigrant Before He Can Testify in Jail Abuse Lawsuit
Mory Keita was involved in two cases against the government, including an ACLU suit challenging ICE and a case alleging abuse by Butler County Jail guards.
Guidance on Filing Sealed Documents
Don't just file the document unsealed, and then ask for sealing
Would the ACLU Still Defend Nazis' Right To March in Skokie?
Former Executive Director Ira Glasser discusses the past, present, and increasingly shaky future of free speech.
Odd Legal Theory as to "China-Based Executive at [Zoom] Charged with Disrupting Video Meetings Commemorating Tiananmen Square Massacre"
Xinjiang Jin (also known as Julien Jin) is being charged with conspiring to ... cause "substantial emotional distress" to people, under the "cyberstalking" statute.
Worse Than Sealed Court Records: Sealed Motions to Seal
A judge rightly speaks out against them.
Fair Use to Republish, in Annotated Form, Drone-Taken Photograph Used in a Political Argument
As with all fair use claims, the analysis turns on the particular facts.
No Sealing of Court Filings That Discuss Misconduct Allegations Against Police Officer, But …
"unsubstantiated allegations" that are "irrelevant ... and therefore inadmissible" can be redacted from the public version of the filings.
The Bipartisan Push To Gut Section 230 Will Suppress Online Speech
That's a high price to pay because some politicians are angry about a little Facebook moderation.
CNA Editor's Desk
Parsing issues at the intersection of current affairs and the world's largest religious denomination is no easy task.
Colorado University-Denver Revises Unconstitutionally Restrictive, Viewpoint-Based E-Mail Policy
The Foundation for Individual Rights in Education (FIRE) gets results.
SCOTUS Rules That Federal Agents Can Be Sued When They Violate Your Rights
Now do qualified immunity.
N.Y. Aims to Ban "Symbols of Hate" Sold by Private Vendors at State (or State-Funded) Fairgrounds
But such a ban would be unconstitutional viewpoint discrimination, whether applied to the Confederate flag, white supremacist symbols, or whatever else might be labeled as "hate[ful]."
Americans Are in Full Revolt Against Pandemic Lockdowns
Individually and in organized groups, people are pushing back against lockdown orders.
First Amendment Generally Protects Secret Recording of Police Officers in Public Places
So the First Circuit concludes, quite rightly, I think.
New York Gov. Andrew Cuomo Bans Sale of Confederate Flags, Despite Knowing This Has First Amendment Problems
"While I fully support the spirit of this legislation, certain technical changes are necessary."
Calling Someone a "Twisted Moron" Isn't Libelous
"The statement at issue here is plainly an opinion, albeit an unflattering one."
Nevada Can't Impose Greater Restrictions on Churches Than on Casinos, Bowling Alleys, Etc.
So the Ninth Circuit just held this morning.
The Prosecution of Julian Assange Is an Assault on the First Amendment
Though journalists tend to despise the WikiLeaks founder, his fate could impact the future of their profession.
Wish a Not-So-Fond Farewell to Outgoing Attorney General William Barr
His Trump toadying was absolutely awful, but still not nearly as bad as his unremittingly harsh approach to justice and policing.
Heckler's Veto: $1.5 Million Nuisance Verdict Against Abortion Clinic, Chiefly Based on Actions of Protesters and Arsonists
The same logic could apply when churches, synagogues, mosques, bookstores, gun stores, fur stores, and similar places are targeted by their enemies. We've filed an amicus brief before the Georgia Court of Appeals, in support of getting the verdict reversed.