The Folly of Government-Imposed Social Media 'Neutrality'
Trump supports a bill that would encourage censorship in the name of free speech.
Civil Liberties
Court Rules Police Officer Who Shot 10-Year-Old Is Protected by Qualified Immunity
"No reasonable officer would engage in such recklessness," complains dissenting judge.
Stossel: No Filming on Farms
Farm groups get politicians to pass laws against secret filming on farms.
EU Data Privacy Fines Are Getting Steep. Will This Be the New Normal?
And will the end result encourage companies to try to keep cybersecurity breaches secret?
Texas Court Rejects Once-Suspended Doctor's Lawsuit Over Reporting of the Suspension
Dr. Calvin Day had claimed that describing his suspension as based on "unprofessional conduct" was libelous. (He had also earlier sought to get dismissed criminal charges expunged, and tried to bind local news outlets to the expungement order.) He lost, and was ordered to pay over $80,000 in attorney's fees.
Trump and Others Scared of Cryptocurrency Echo Earlier Fears About Cash
If there’s one thing government types can agree on, it’s that nobody should be allowed to buy and sell stuff without permission.
Activists Demand Firing of Feminist Grad Student for Criticizing the Transgender Movement
UC–Santa Barbara's Title IX office is "aware of this matter and actively engaged in a response."
Court Refuses to Issue Gag Order and Sealing Order in Sexual Harassment Suit Against YMCA of Pikes Peak
(Disclosure: I had filed an objection, on my own behalf, to the motion to seal.)
Another Study Finds Trigger Warnings Are Useless, or Even Harmful
A scientific consensus has emerged that trigger warnings just don't work—and student activists should stop demanding them.
"Once the Cat Is Out of the Bag, the Ball Game Is Over."
More than just a mixed metaphor -- it's a legal doctrine.
Backpage Prosecutors Want to Seize Assets First, Answer Questions Later
Aggressive asset forfeiture collides with First Amendment rights.
Donald Trump Doesn't Think 'the Mainstream Media Is Free Speech'
At his social media summit on Thursday, the president ranted incoherently about the media's "crooked," "dishonest," and "dangerous" speech.
The End of the Free Internet Is Near
The idea that the internet should enjoy minimal government oversight precisely because it was a technology that enabled open and free speech for everyone has been turned on its head.
Update on the Preakness Takings Case
The City of Baltimore has dropped its attempt to use eminent domain to take the Preakness Stakes Horse Race. But questions linger about the city's willingness to continue to use the threat of condemnation to force Preakness and other commercial enterprises to stay in the city.
Lawsuit Seeks Class Action Status for Students Whose Due Process Rights Were Violated During Title IX Investigations
The lawsuit alleges that MSU has denied due process rights to student defendants in order to placate critics of its sexual assault policies.
Trump Is Hosting a Very Weird Social Media Summit at the White House
Plus: Air-launched rockets, the GOP becomes the party of Trump, and Pelosi feuds with AOC.
Google Told Employees to Delete Politically Incorrect Language From Code
"The cost of not doing this is the harm done to other Googlers every time they encounter these terms," says the company's diversity and inclusion team.
Limits of "Revenge Porn" Laws
An interesting D.C. trial court decision from last year, involving an image of nudity submitted as part of a court case.
Trump To Convene 'Social Media Summit' Over Accusations of Anti-Conservative Bias
The president invited Republican lawmakers as well as social media stars who claim that tech giants are suppressing free speech.
Two Lawsuits Argue That Alexandria Ocasio-Cortez's Blocking of Twitter Critics, Like Trump's, Violates the First Amendment
The New York congresswoman's use of Twitter seems similar to the president's in constitutionally relevant ways.
A Mural Quoting Trump at His Most Profane Is Protected Speech, Judge Rules
New Orleans can't use zoning regulations to decide what counts as artistic expression.
Man Sues Anti-Homosexuality Group for Libel, Loses, Unsuccessfully Tries to Seal Court Opinions
The plaintiff had pleaded guilty to, among other things, having sex with a minor (apparently when he was 21 and the minor was 15); the alleged libel stemmed from, among other things, reports of that crime.
New Orleans Mural Ordinance, Which Regulates "Works of Art," Is Unconstitutionally Vague
So a district court held today.
@RealDonaldTrump and Twitter: Public Forums and Private Architecture
Today’s decision fits awkwardly with a usual element of a designated public forum – that the government has created rules allowing for open discourse and is thus bound by those rules.
The Backlash Over The Little Mermaid Casting a Black Ariel Is Fake News
Few people who tweeted #NotMyAriel were actually upset about Halle Bailey portraying the mermaid princess.
2nd Circuit Agrees That Trump Cannot Constitutionally Block Critics on Twitter
The court says the "interactive space" created by his account is a public forum, meaning that the president's viewpoint discrimination violates the First Amendment.
California Lawmakers Pass Bill Limiting Police Use of Deadly Force
Officers will now have to argue that killing was necessary and not just say they had a fear they were in danger.
Second Circuit: Unconstitutional for @RealDonaldTrump to Block Twitter Users Based on Viewpoint
The reasoning would apply to other politicians' accounts that are seen as "official" rather than personal, and to accounts that are run by government entities (such as school boards) rather than individual politicians.
An Iowa Man Wins His Free Speech Suit After Being Charged for a Facebook Rant Against a Cop
Jon Goldsmith was charged with third-degree harassment after calling Deputy Cory Dorsey a "stupid sum bitch" online.
Sealing Records of a Teacher's Prosecution for Sexual Conduct with Underage Students?
An interesting Massachusetts decision from a couple of months ago, upholding a trial court's refusal to seal under such circumstances.
Is Facial Recognition the New Fingerprinting—or Something Much Worse?
State DMVs are building a vast national digital identification database for federal law enforcement.
Noncompliance Kneecaps New Zealand's Gun Control Scheme
As of last week, only around 700 weapons had been turned over.
Venezuelan Government Uses Arbitrary Arrests, Torture, and 'Death Squads' to Keep Order, U.N. Finds
A new report from the U.N.'s High Commissioner for Human Rights finds a "shockingly high" number of politically motivated extrajudicial killings.
Court Says Purdue Violated Student's Due Process Rights
"Purdue's process fell short of what even a high school must provide to a student facing a days-long suspension."
Is Wrongful Search Engine Optimization a Tort?
An anonymous lawsuit claims that it's tortious to try to artificially boost the prominence of an embarrassing article.
Sheriffs Say They Won't Enforce New Washington Law Raising Gun Purchase Age to 21
The new law says that someone buying a semi-automatic rifle has to be at least 21, pass a stricter background check, take a safety training course, and complete a 10-day waiting period.
14-Year-Old Posts Picture of Airsoft Gun on Snapchat, School Suspends Him for 3 Weeks
The principal calls it "very, very serious" wrongdoing.
The Universalist Principles of the Declaration of Independence
The Declaration of Independence advocates a polity based on universal principles of liberty and equality, not ethnic nationalism. We would do well to remember those principles today.
Alabama Prosecutor Will Drop Charges Against Marshae Jones for Miscarrying After She Was Shot
Sanity prevails (for now) in Alabama case that sparked national outrage.
Relying on the Same Illogic That Trump Used to Ban Bump Stocks, a New Lawsuit Argues That Customizable Rifles Are Illegal
The plaintiffs say manufacturers broke the law by producing rifles that were compatible with accessories that facilitate rapid firing.
"Prominent Pornography Researcher Frames Defamation Claims As Sexual Harassment, Prompting a Defamation Suit by Her Target"
An academic debate turns into professional and legal accusations.
Because Politicians Are for Sale, They Think Everyone Else Is Too
Sen. Josh Hawley (R–Mo.) has proposed a dreadful bill that would give the government control of internet content. He thinks the only reason anyone could be opposed is because they've been bought off.
Prominent Pornography Researcher Frames Defamation Claims As Sexual Harassment, Prompting a Defamation Suit by Her Target
Nicole Prause and Donald Hilton, longtime opponents on the subject of pornography, are now facing off in court.
First Amendment Likely Bars Arizona's Withdrawal of Tax Benefits to Nike Over Betsy Ross Sneaker Controversy
The Supreme Court has held that the government generally may not terminate contracts with contractors based on their constitutionally protected speech; the same likely applies to financial incentives..
Hong Kong Protests Show Dangers of a Cashless Society
Many digital payments can be tracked, potentially assisting an authoritarian crackdown.
No Preliminary Injunction, No Pseudonymity, No Sealing in Internet Libel Case
That's what a New York trial court decision just posted online today held -- correctly, I think.
