Justice Thomas Writes in Favor of a Narrow Reading of 47 U.S.C. § 230
He seems open to materially increasing Internet service and content providers' liability for libels posted by their users, and based on other user misconduct.
Civil Liberties
The Reawakening of the Black Gun-Rights Movement
"I believe that I'm channeling my ancestors," says Second Amendment activist Brent Holmes, who carries an assault rifle to protests in Richmond, Virginia.
No Preliminary Injunctions Against Libel
A good illustration of the modern rule, which allows some permanent injunctions against repeating specific statements found to be libelous at trial—but only after such a finding on the merits.
German-Style Internet Censorship Catches On Around the World
Inspired by Germany's notorious hate-speech law, more countries seek to impose steep penalties on platforms that don't comply with their censorship whims.
Should Facebook Have a Duty to Report Us to the Police for Felonies Potentially Revealed in Our Posts?
An Ohio judge suggests the answer should be "yes," and an Ohio statute seems to require that when Facebook employees learn of specific felonies revealed by posts that they might be monitoring for some reason.
Promoting On-Campus Discourse: Recommendations
Here are some ways to build a campus culture more open to free inquiry and discourse.
Supreme Court Won't Intervene (Yet) To Stop Abortion Pills From Being Prescribed Remotely
Plus: Trump says he plans to hold rallies despite lack of negative COVID-19 test, Biden won't answer question on court-packing, and more...
The Problem with Mandated Diversity Statements in Faculty Hiring and Promotion
Improving diversity is a worthy endeavor. But compelled “diversity statements” are a form of social engineering that, ironically, can be exclusionary.
House Antitrust Report Hits Apple, Amazon, Facebook, and Google
Plus: Tech companies respond, proposed H-1B visa changes, and more...
Why a Broad View of Academic Freedom Is Essential
Most things faculty publish don’t lead to a backlash. But that doesn’t mean that there’s not an academic freedom problem.
An Overdue Rebuke to Politicians Who Think Anything Goes in a Pandemic
Two courts say COVID-19 lockdowns in Michigan and Pennsylvania were unconstitutional.
Three Core Beliefs that Define the Boundaries of Free Inquiry and Discourse on Many Campuses
These beliefs shouldn’t be considered the only legitimate way to see the world.
Two Justices Really Want To Revisit Gay Marriage Ruling. Let's Not Panic, Please.
Clarence Thomas and Samuel Alito worry about the future of religious freedom. That’s not the same as a call to overturn the decision.
How Social Media Have Changed Campus Climate
The dynamics of the information ecosystem have impacted research and teaching.
"Unassailable Ideas: How Unwritten Rules and Social Media Shape Discourse in American Higher Education"
Profs. Ilana Redstone and John Villasenor are guest-blogging this week about their new book.
No Temporary Restraining Order Against Airing of Discovery's The Lost Lincoln
A federal district court rejects the argument that the documentary will violate trade secret rights related to "a long-lost photograph that purportedly depicts Abraham Lincoln lying wounded on the night of his assassination."
Interesting Custody Case Involving a Child and His Grandparents vs. the Father
As usual, at this point in the litigation the key questions focus on procedure.
Nevada S. Ct. Vacates Preliminary Injunction Against "False or Defamatory" Speech
The injunction, the court held, is an unconstitutional prior restraint.
Retaliatory Arrest for Content of Chalking May Violate the First Amendment
And that's true even if state graffiti law provided probable cause for the arrest, so long as there's evidence that chalking with other messages almost never leads to arrests.
The New York Times Runs Apologia for China's Hong Kong Crackdown
Regina Ip spins a fantasy of a just government restoring order to Hong Kong.
SCOTUS Could Use More Skeptics Like Amy Coney Barrett
The 7th Circuit judge’s track record suggests she would frequently be a friend of civil liberties.
Trump Pushed To Condemn White Nationalist Proud Boys, Instead Tells Them 'Stand Back and Stand By'
Leaders of the organization reportedly see this as tacit approval.
Reputation Repair Service Costs as Measure for Damages in a Libel Case
An interesting decision, on a motion for default judgment.
Don't Sell Weapons to the UAE
Selling weapons to the UAE would stamp brutality and extremism abroad with American approval.
The #FinCENFiles Shine a Spotlight on How Banks Are Ordered to Snoop on You
Why does media coverage conclude the problem is that the government hasn’t done a good enough job of spying?
Mother's "Islamophobic" Remarks About School Board Member Yield Ban from School District Property
(at least unless she gets case-by-case permission to enter that property). But a federal district judge has correctly held that this likely violated the First Amendment.
Amy Coney Barrett Condemns Purdue University's 'Fundamentally Unfair' Adjudication of Sexual Assault Claims
The opinion, which suggests a strong concern about due process, will nevertheless be cited as evidence of the SCOTUS nominee's "uniformly conservative" record.
Are You Ready for a Second Round of Pandemic Lockdowns?
Politicians are poised to tighten the screws, even though voluntary action offers more promise.
Court-Appointed Lawyer Ordered for Junior High Schooler's First Amendment Lawsuit
"The Croziers allege that the teacher 'lied to intentionally defame and label A.C. as a 'racist who said the N-word.'"
"Judges Propose Making Disclosure of Their Personal Details a Crime"
This would include group membership, information about where a spouse works, and more.
Prisoners Have the Right to Access Court Records in Their Own Cases
So concludes the Louisiana Supreme Court, in allowing a prisoner access to the jury vote breakdown in his case—quite important given the U.S. Supreme Court's ruling rejecting Louisiana nonunanimous convictions.
Amy Coney Barrett Thinks the Second Amendment Prohibits Blanket Bans on Gun Possession by People With Felony Records
The SCOTUS contender's 2019 dissent will alarm gun control supporters but reassure people who want judges to take this constitutional provision as seriously as others.
Amy Coney Barrett Demolishes the Qualified Immunity Claim of a Detective Accused of Framing a Man for Murder
The case is an encouraging sign that the SCOTUS contender is not the sort of judge who bends over backward to shield cops from liability for outrageous misconduct.
Section 230's Latest Attacker: The Justice Department
A new DOJ proposal aims to bring the internet communications law in line with Trump's personal interpretation of it.
Resolve the 'Anarchist Jurisdictions' Dispute With Less Government Meddling
Peace will come only from leaving other people alone on the condition that they do the same for us.
Pouring Water on Speaker's Head During Press Conference Doesn't "Constitute[] Protected Speech"
A trial court said this pouring (without the target's consent) was indeed constitutionally protected; it took a 2-1 Texas Court of Appeals decision to reverse that.
Florida Gov. Ron DeSantis Unveils Bill To Stiffen Penalties for Protesters and Punish Towns That Cut Police Budgets
The parts that aren't constitutionally dubious are brainless culture-war fodder.
