University Trying to Block Distribution of Faculty Senate Meeting Video Excerpts Using Copyright Law
An interesting controversy involving Portland State University.
Civil Liberties
MSU Conference on Freedom of Speech and Intellectual Diversity on Campus
A free online conference sponsored by the LeFrak Forum on Science, Reason, and Modern Democracy at Michigan State University.
Biden Administration Deploys the Civil Rights Act To Stop a $7 Billion Highway Project in Houston
The Federal Highway Administration is asking Texas officials to hit pause on a massive highway widening project while it examines whether it violates Title VI of the 1964 Civil Rights Act.
The No-Fly List Is a Civil Liberties Nightmare
Existing laws are more than adequate to handle the Capitol rioters.
"The People Have Every Right to Look Over Our Shoulder and Review the Documents Before the Court"
"This is beyond the pale. The indiscriminate use of the confidentiality stamp alone warrants the denial of the entirety of the motions."
Justice Thomas Wonders When Supreme Court Will Have To Consider Social Media's Private Deplatforming Power
A moot case about Trump blocking tweets leads to concerns that tech companies have too much control over speech.
A Professor Pushed Back Against 'White Fragility' Training. The College Investigated Her for 9 Months.
The chaos at Lake Washington Institute of Technology is by no means an isolated occurrence.
Some Rhetoric from the Rotenberg v. Politico Complaint
Gripes about publishers getting "private commercial benefit" from "hate speech, propaganda, and statements that seek to destabilize American democracy"; argument that "[t]he public figure doctrine emerged in an era prior to the Internet advertising model that rewards news organizations for the ongoing display of defamatory content."
The Legal Complexities in Rotenberg v. Politico—#1332 Might Surprise You!
Remember: Lawyers’ true superpower is the power to turn all questions into questions about procedure.
When Is It Tortious to Report on Someone's Positive COVID Result?
A privacy controversy in a lawsuit by privacy advocate Marc Rotenberg (formerly of EPIC, the Electronic Privacy Information Center).
Ninth Circuit Lets #TheyLied Suit Against Lawyer Lisa Bloom Go Forward
The lawsuit was brought by casino developer Steve Wynn, over a press release put out by Bloom related to a sexual harassment claim that Bloom's firm brought on behalf of a dancer.
Free Speech Under Threat from E.U. Campaign Against 'Terrorist Content'
Civil liberties advocates warn that the legislation threatens activism, journalism, and satire.
Do Nannies Have "Justifiable Expectation" That They Won't Be Audiorecorded at Work?
No, says the Pennsylvania Supreme Court, though over a dissent.
Amicus Brief in the Student Speech Case
"In Tinker, this Court held that "[i]t can hardly be argued that … students … shed their constitutional rights to freedom of speech or expression at the schoolhouse gate." Yet [the school district] argues that students shed much of their freedom of speech even outside the schoolhouse gate, so long as their off-campus speech is reasonably expected to reach campus."
The Bump Stock Ban Highlights the Danger of Letting Bureaucrats Invent Crimes
A federal appeals court rejects a highly implausible redefinition of machine guns.
Journal of Free Speech Law Pre-Call For Papers: Student Speech and Associational Privacy,
in light of the Supreme Court's forthcoming Mahanoy and Americans For Prosperity cases.
Cops Tried To Force a Man To Delete a Video of Them Beating a Suspect. They Got Qualified Immunity.
The officers knowingly violated the First Amendment, said the court. But that doesn't matter.
25-Foot Rooftop Videocamera Peering Into Neighbor's Yard Must Be Taken Down
Sounds right to me.
Pronouns in the University Classroom & the First Amendment
A federal appellate court lets a professor's First Amendment claim go forward, in an opinion that powerfully protects faculty academic freedom more broadly.
Trump's Bump Stock Ban Just Lost Big in Federal Court
“It is not the role of the executive—particularly the unelected administrative state—to dictate” the terms of criminal law, said the 6th Circuit.
Senator Elizabeth Warren Channels Her Inner Trump
Threatening government action to stop "snotty tweets" is not a good look.
Divided Sixth Circuit Panel Rejects Chevron Deference for Interpretation of Criminal Statute
A long awaited decision in a challenge to the Trump Administration's "bump stock" ban tees up some interesting questions for the High Court's review.
The Media's Obsession With Boulder's Blocked 'Assault Weapon' Ban Defies Logic
The suggestion that the ordinance could have prevented Monday's mass shooting is utterly implausible.
No, It's Not Easier To Get a Rifle Than Vote
This awful gun control talking point won’t go away.
Assange Avoids Extradition—For Now
Under the First Amendment, the question of whether Assange qualifies as a legitimate journalist is irrelevant.
There's no time like the present to take a Second Amendment case
Thirteen years after Heller, it's time for the Supreme Court to settle whether the Second Amendment applies outside the home.
The 9th Circuit Says the Right To Bear Arms Does Not Extend Beyond Your Doorstep
According to the dissent, the appeals court "has decided that the Second Amendment does not mean what it says."
NYPD Must Release Body-Cam Footage of Fatal Shooting of Woman,
but with "blurring images of [Susan] Muller's body and blood spatter."
For the First Time, a Majority of Republicans Support Same-Sex Marriage
Plus: Appeals court considers whether nonstop surveillance violate due process, Utah governor signs porn filter bill into law, and more...
Biden Threatens to Revive Kangaroo Courts in College Sexual Assault Cases
The president has ordered the Education Department to consider rescinding reforms aimed at protecting the due process rights of accused students.
Biden's Gun Control Proposals Make Little Sense As a Response to the Mass Shooting in Boulder
It is hard to see how an "assault weapon" ban or expanded background checks could have prevented this attack.
Universities Can't Selectively Enforce Nondiscrimination Policies Based on Student Groups' Viewpoints
That’s a clearly established constitutional mandate, the Eighth Circuit holds, so a university can’t get qualified immunity from liability in such a case.
Government is Still the Biggest Threat to Free Speech
When Amazon won't sell your book, you can head to Barnes & Noble. When government cancels your expression, there's nowhere left to go.
Duty to Stop Reporting Highly Incomplete Reports of Legal Proceedings
I'm continuing to serialize a forthcoming article of mine that discusses (among other things) such a proposed interpretation of libel law.
Why We (Still) Shouldn't Censor Misinformation
It strains credulity to believe random tweets can lead otherwise normal people to drive across the country and stage an insurrection.
