The Conservative Antitrust Case Against Big Tech Is a Giant Self-Own
It's hard to take seriously complaints that there are no alternatives to Facebook when they're made on Twitter.
Civil Liberties
Biden Transition Team Member's Op-Ed on "Why America Needs a Hate Speech Law"
Richard Stengel published that argument in the Washington Post last year.
Senators Once Again Berate Twitter and Facebook CEOs for Content Decisions They Dislike
But what one side likes, the other side hates. There's no way Twitter and Facebook can appease them both.
Feds Propose Even More Surveillance of Your Banking Habits
By lowering the “travel rule” threshold to $250, the government could access more of our financial data.
Sinatra, Music, the Texas Guitar Army, the First Amendment, and Coronavirus
That's Judge John Sinatra (W.D.N.Y.), holding that a N.Y. restriction on live music was unconstitutional.
Some Thoughts on the Avenatti v. Fox News Libel Lawsuit
Past perfect, libel-proof plaintiffs, substantial truth, “actual malice,” statutes of limitations, and more.
Lawyer Gets Temporary Injunction Against Gripe Site That Says He's a "Fraud," "Cowardly," "Cannot Be Trusted"
But I think the First Amendment prohibits such pretrial injunctions, and in any event the injunction targets opinions and not just false factual assertions.
Supreme Court Decides to Hear Important Takings Case
It will review a Ninth Circuit decision holding that there is no taking when the government forces property owners to grant union organizers temporary access to their property.
Alito Rightly Slams Five Democratic Senators for 'Bullying' the Supreme Court
The senators warned that the Court might have to be "restructured" if it did not reach the conclusion they preferred in a Second Amendment case.
Justice Samuel Alito Highlights the Legal Issues Raised by 'Previously Unimaginable' COVID-19 Restrictions
When "fundamental rights are restricted" during an emergency, he says, the courts "cannot close their eyes."
TikTok Will Outlast Trump
Plus: Homeland Security says this election was "the most secure in American history," Chicago asks residents to stay home again, and more...
L.A. Suburban School District Forbids To Kill a Mockingbird, Of Mice and Men, and More in High School Readings
Other excluded books: Huckleberry Finn, The Cay, and Roll of Thunder, Hear My Cry.
Trump v. CNN Libel Suit Dismissed for Now
The court finds that the Trump campaign didn't offer enough facts suggesting that CNN knew the statement was false (or was likely false); the campaign is allowed to file an amended complaint if it can make more specific allegations.
Joe Biden's Disastrous Record of Using 'Bold Federal Action' To Solve America's Problems
It's unclear what Biden will ultimately be able to accomplish as president, but he has been trying to bring transformative change since the 1970s.
Joe Biden Has Vowed To Undo Betsy DeVos's Title IX Reforms. Can He?
The new president could weaken due process protections for accused students, but it won't be easy.
Gun Restrictions as Analogy for Justifying Speech Restrictions
"The state may restrict a convicted felon's right ... to possess a firearm," so a state may order a civil case defendant to stop saying things online about plaintiff that "severe[ly] emotional distress" that plaintiff.
No Sealing of Case Based on "Defendant['s] … Damaging Assertions Against Plaintiffs"
"Plaintiffs decided to file a publicly available case and then ask the Court to protect them because defendant might say horrible things about them throughout the course of this litigation.... But harsh words are not a basis to seal a case, especially where it appears that both sides have no qualms about tearing each other down."
"Seditious Conspiracy" Is Still a Crime
But unlike the Sedition Act of 1798, the federal seditious conspiracy statute doesn't focus on antigovernment speech (such as alleged lies about the government).
Michigan AG's #DetroitLeaks Takedown Demand, and Seditious Libel
The AG is threatening criminal prosecution because the videos allegedly contain "false and misleading information" about Michigan elections' vulnerability to fraud.
SCOTUS Considers Whether James King Has Any Recourse Against the Cops Who Choked and Beat Him for No Good Reason
According to the government, a law aimed at helping victims like King prevents him from holding his assailants accountable.
First, Sixth Amendments Require Allowing TV Coverage of Derek Chauvin Trial
So holds a Minnesota trial court, because ordinary public access is precluded as a result of the epidemic.
Even With a Biden Win, Portland's Protesters Vow to Keep Smashing Stuff
Portland’s protesters aren’t going to fade away after the election, but are they stuck in a rut?
The First Amendment and Mandated Creation of Computer Code
"Plaintiffs have sufficiently alleged that the code they must draft to comply with the Dealer Law communicates substantively with the user of the program" and thus implicates the First Amendment.
Michigan Voters Demand That Police Get Warrants for Electronic Data
Constitutional amendment overwhelmingly passes.
Not Libel to Defame a Pseudonymous Chat Group User …
so long as the user's true identity is unknown to the audience, and the pseudonym has no "legally cognizable independent reputation" (as when the pseudonym is used by an author to sell books).
Protests, Roadways, and Liability
(1) Black Lives Matter demonstrations. (2) Trump-fans-vs.-Biden-bus demonstrations.
12 Good Things That Might Happen Today, None of Which Involve Trump or Biden
American voters have the chance to usher in a few libertarian policies this election, courtesy of these state ballot measures.
In Texas, Wearing the Wrong Thing to the Polls Could Land You in Jail
A new lawsuit says the state's electioneering statutes violate the First Amendment.
The Guillotine Mystique
The French Revolution has long inspired progressive radicals ready for change at any cost.
Supreme Court Rejects Qualified Immunity Defense for the First Time in Years
The case doesn't make any change in legal doctrine. But it may be intended to send a message to lower courts.
Supreme Court Sends DeRay Mckesson Black Lives Matter Protest Case Down to the Louisiana Supreme Court
The Court avoids, at least for now, the First Amendment question by instructing the Fifth Circuit to ask the Louisiana Supreme Court to decide whether Louisiana state law even allows negligence liability in the case.
Snowden Announces Plans To Become Russian Citizen
The surveillance whistleblower has a child on the way and little sign a pardon is forthcoming.
Major Cities Spend Weekend Prepping for Possible Election Night Riots
Plus: Fate of Texas drive-thru ballots still uncertain, exposure to diverse news sources is up, Oregon may lessen penalties for possessing drugs, and more...
The Dangerous Lure of Political Violence
How seriously should we take the threats of protesters who recently built guillotines outside of Jeff Bezos' house?
How To Tell If You're Being Canceled
Kindly Inquisitors author Jonathan Rauch on the never-ending battle to defend free speech
