Cancel Culture Is Out of Control
The online mob is running amok.
Civil Liberties
"A Letter on Justice and Open Debate," with Many Prominent Liberal Signers
Posted at the Harper's Magazine site.
Robert Kraft and Florida Massage Workers Are Still Fighting Unconstitutional Surveillance Video
"Supreme Court jurisprudence...is heavily weighted against you," an appeals judge told state prosecutors last week.
S. Ct. Strikes Down Content-Based Exception from Robocall Ban,
keeps in place the rest of the law banning robocalls to cell phones.
COVID-19 Pulls Back the Mask on America's Prison System
This deadly and contagious disease has exposed problems with prison systems that have been ignored for decades.
Brandon Straka's #WalkAway Lawsuit Against LGBT Community Center Thrown Out
Straka loses on his discrimination, cyberbullying, defamation, and breach of contract claims.
Arizona Gyms Reject Governor Doug Ducey's Shutdown Order
Fitness centers across the state are turning up the resistance to lockdown orders.
"Shitty Media Men" List Libel Lawsuit Can Go Forward
Plaintiff had sufficiently alleged that the defendant didn't just create the list as a platform for others, but herself posted material about him -- though whether plaintiff ultimately prevails will depend on what discovery reveals.
Mary Trump Temporarily Enjoined from Publishing Memoir—But Injunction Lifted as to Her Publisher
"While Ms. Trump unquestionably possesses the same First Amendment expressive rights belonging to all Americans, she also possesses the right to enter into contracts, including the right to contract away her First Amendment rights." One precedent supporting that proposition: Another Trump v. Trump, a 1992 case involving Ivana Trump and Donald Trump.
Cities Can Accept Some Monuments for Parks -- or Messages Painted on Streets -- Without Having to Accept Others
Washington, D.C.'s writing "Black Lives Matter" on a street and letting others paint "Defund the Police" next to it doesn't require D.C. to let others paint messages on other streets.
Lawsuit Against 'Shitty Media Men' List Creator Can Proceed, Judge Says
Plus: Tech giants will testify in Congressional antitrust hearing, Seattle police clear out CHOP, and more...
Out-of-School K-12 Student Speech Can't Be Punished Even If It Causes "Disruption" at School
So says a Third Circuit panel, though other circuits disagree.
And Another N.Y. Bill Targeted at "Hate Speech" (and Advocacy of Boycotts of Friendly Countries)
This one focuses on student groups that get funding from public colleges, but it's an unconstitutional viewpoint-based restriction.
Wesley Yang: Woke Protests Against 'White Supremacism' May Be the New Normal
The Souls of Yellow Folk author says a new "elite consensus" fixated on racial outrage is forming and may destroy our ability to function.
Touching Your Phone While Driving Is Now Illegal in Idaho, Illinois, and Indiana
Plus: More (bad, weird, and occasionally good) new state laws that start taking effect today.
N.Y. State Bill to Ban "Hate Speech" from Social Media
"Hate speech" would be defined as an intentional "insulting statement about a group of persons because of race, ethnicity, nationality, religion or beliefs, sexual orientation, gender identity or physical, mental or intellectual disability."
Partisan Hypocrisy on Display in Supreme Court Ruling on Anti-Prostitution Pledge and the First Amendment
Can the government compel speech? For Supreme Court justices, that seems to depend on the content of that speech.
Expelled Student's Sex Discrimination Claim Against Oberlin College Can Go Forward
"[The Oberlin] panel's decision was arguably inexplicable. Per the terms of Oberlin's Policy, intoxication does not negate consent—only 'incapacitation' does.... And the record here provided no apparent basis for a finding that Roe [was incapacitated]."
"These Days … It Is Safest to Be Circumspect and Cautious"
"To survive as a ... professor requires constant self-censorship and compromise, especially in the humanities .... Resistance comes at a cost .... [H]er colleague ..., a law professor, was interrogated and suspended from teaching after publishing a series of essays critical of ...."
Self-Defense When You're Violating the Law
You generally can't claim self-defense if you're a robber "defending" yourself against your victim's own self-defense—but do you also lose your self-defense rights if your only crime is illegally carrying a handgun?
Twitter Wins Lawsuit Over "Devin Nunes' Cow" Twitter Feed
Rep. Devin Nunes can't hold Twitter liable for allegedly defamatory posts by Twitter user:
This Republican Senator Calls Three Black Men Peacefully Carrying Long Guns 'Mob Rule'
A Second Amendment hypocrite with a plan to undermine federalism
Devin Nunes Can Sue Cow Account but Not Twitter, Says Judge
Plus: Time to cancel U.S. propaganda outlets, Twitch sued over sexy women, new Assange indictment, social-justice symbolism, and more...
"Resolution of Judicial Misconduct Complaints About District Judge Lynn Adelman"
Judge Adelman's article sharply criticizing the Supreme Court, the Seventh Circuit concluded, was largely permissible under the Canons of Judicial Conduct, except "the opening two sentences of the article and the criticisms of recent policy positions taken by one political party."
Florida Judges Split on Injunction Against Critic of State Senator
"Publicly expressing anger toward an elected official is not a basis for entry of an injunction. In public debate, elected officials must tolerate insulting remarks—even angry, outrageous speech—to provide breathing room for the First Amendment."
Senators Propose a Cool New Contest To Destroy Your Online Privacy
A new, terrible anti-encryption bill with a twist
"Ambulance Chaser Is Too Good a Term for Him" Isn't Libelous (At Least in Yelp Review)
"Defendant's Yelp post about plaintiff is reasonably and best understood to be, simply, name-calling."
Prosecution for Incitement to Riot
"Be there by 10:30, lace your shoes, wear masks and gloves. Bring hammers bricks whatever you want."
Russia Lifts Ban on Telegram App
Two years of rule-flouting by elites and ordinary citizens show the unsustainability of top-down prohibition.
The University of Chicago Took a Stand for Free Speech. Faculty Say They Live in Fear Anyway.
Former professor John Cochrane: "I spent much of my last few years of teaching afraid that I would say something that could be misunderstood and thus be offensive to someone."
Michigan State University VP of Research Ousted Because of His Past Scientific Statements
He remains a tenured faculty member.
Ninth Circuit Strikes Down Statute Limiting IMDb's Display of Actor Ages
The interest in fighting age discrimination in employment doesn't trump free speech rights.
Judge Royce Lamberth Condemns John Bolton's Conduct, But Declines to Block Publication of Bolton's Memoir
"By the looks of it, the horse is not just out of the barn—it is out of the country."
Let's Stop Talking About Free Speech and Start Defending It
Don't lock down expression along with so much else of American society.
Ordinary Woman Fired Because of Washington Post Article About Costume She Wore at Halloween Party Two Years Ago
Not a high-level official, not a spokesperson, not an endorser -- just an ordinary person.
MLB Letter in Yankees Sign-Stealing Investigation Should Be Unsealed, Says Federal Judge
The decision has been promptly appealed.
Will Latin American Civil Rights Be a Casualty of Coronavirus?
Protesters in many countries may find themselves facing down state forces with extralegal powers and a muzzled press.
New Louisiana Law Will Let Doctors Decide When Marijuana Is Right for Their Patients
While there are still numerous barriers to access in Louisiana's medical marijuana system, a specific list of "qualifying conditions" will no longer be one of them.
