Civil Liberties
Fair Use to Republish, in Annotated Form, Drone-Taken Photograph Used in a Political Argument
As with all fair use claims, the analysis turns on the particular facts.
No Sealing of Court Filings That Discuss Misconduct Allegations Against Police Officer, But …
"unsubstantiated allegations" that are "irrelevant ... and therefore inadmissible" can be redacted from the public version of the filings.
The Bipartisan Push To Gut Section 230 Will Suppress Online Speech
That's a high price to pay because some politicians are angry about a little Facebook moderation.
CNA Editor's Desk
Parsing issues at the intersection of current affairs and the world's largest religious denomination is no easy task.
Colorado University-Denver Revises Unconstitutionally Restrictive, Viewpoint-Based E-Mail Policy
The Foundation for Individual Rights in Education (FIRE) gets results.
SCOTUS Rules That Federal Agents Can Be Sued When They Violate Your Rights
Now do qualified immunity.
N.Y. Aims to Ban "Symbols of Hate" Sold by Private Vendors at State (or State-Funded) Fairgrounds
But such a ban would be unconstitutional viewpoint discrimination, whether applied to the Confederate flag, white supremacist symbols, or whatever else might be labeled as "hate[ful]."
Americans Are in Full Revolt Against Pandemic Lockdowns
Individually and in organized groups, people are pushing back against lockdown orders.
First Amendment Generally Protects Secret Recording of Police Officers in Public Places
So the First Circuit concludes, quite rightly, I think.
New York Gov. Andrew Cuomo Bans Sale of Confederate Flags, Despite Knowing This Has First Amendment Problems
"While I fully support the spirit of this legislation, certain technical changes are necessary."
Calling Someone a "Twisted Moron" Isn't Libelous
"The statement at issue here is plainly an opinion, albeit an unflattering one."
Nevada Can't Impose Greater Restrictions on Churches Than on Casinos, Bowling Alleys, Etc.
So the Ninth Circuit just held this morning.
The Prosecution of Julian Assange Is an Assault on the First Amendment
Though journalists tend to despise the WikiLeaks founder, his fate could impact the future of their profession.
Wish a Not-So-Fond Farewell to Outgoing Attorney General William Barr
His Trump toadying was absolutely awful, but still not nearly as bad as his unremittingly harsh approach to justice and policing.
Heckler's Veto: $1.5 Million Nuisance Verdict Against Abortion Clinic, Chiefly Based on Actions of Protesters and Arsonists
The same logic could apply when churches, synagogues, mosques, bookstores, gun stores, fur stores, and similar places are targeted by their enemies. We've filed an amicus brief before the Georgia Court of Appeals, in support of getting the verdict reversed.
Court Considering Whether Theaters May Reopen in N.Y. Alongside Churches
"Both religion and theatre implicate the exercise of First Amendment rights, and the prioritization of religious events over secular artistic events that enjoy First Amendment free speech protection raises potentially thorny questions."
Defendant "Wants to Go to a New Employer and Not Disclose the Serious Allegations Raised Against Him [in a Suit by His Ex-Employer]"
"This Court cannot be a party ... to such a deception." So holds a federal Magistrate Judge in rejecting the parties' joint motion to seal the complaint in the case, after it had been settled.
A New Warning That International Pandemic Responses Are Eroding Freedom
Authoritarian-minded officials have found opportunity in public health fears.
Shootings, Stabbings Mar a Weekend of Pro-Trump Protests
Plus: Vaccine distribution begins, stimulus talks continue, and more...
Right to Get Guns Back Once Temporary Anti-Stalking Injunction Is Dismissed
"We certainly would not fault a trial judge's desire to ensure public safety. But judicial concern, understandable as it may be, does not confer judicial power."
Firing for Off-Duty Pro-Confederate-Flag Speech May Violate Colorado Statutes
So held a federal judge, I think correctly, interpreting those particular statutes, in a lawsuit against United Airlines.
The Lack Of A Common Law Basis For Qualified Immunity
My response to an important new article by Scott Keller
The Ultimate 2020 Libertarian Gift Guide
Reason's writers and editors share their suggestions for what you should be buying your friends and family this year.
FTC and State Prosecutors Join Antitrust Dogpile on Facebook
Plus: Sexual misconduct at the FBI, Tulsi Gabbard and Mike Lee don't understand the First Amendment, and more...
Is Same-Sex Marriage Secure?
Will a rightward shift on the bench would result in the reversal of Obergefell? Probably not.
"Can the Government Deny Foster Parent Applications Due to Religious Beliefs?"
An American Enterprise Institute "Are You Kidding Me?" podcast episode, with Naomi Schaefer Riley, Ian Rowe, and me.
Saying Someone "Just Likes to Talk a Lot" Is Not Defamatory
What? Is there something supposedly wrong with liking to talk a lot?
A Right to a Speedy Jury Trial? Don't Count On It During the Coronavirus Pandemic.
Courts ignore constitutional guarantees while defendants awaiting trial languish in jail.
No First Amendment Right for Protesters to Use Courthouse Restrooms
Yesterday’s Socratic method post followed up today with Jungian analysis.
Political Discrimination Lawsuit Against Apple Can Go Forward
The plaintiff claims Apple was upset about his stance critical of censorship by the Chinese government, in the context of his reviewing the Guo Media App, established by a Chinese dissent.
Facebook Discriminating Against Whites, Males, Americans in Its "Hate Speech" Policy
Speech targeting whites, males, and Americans would be less likely to be blocked as "hate speech," the Washington Post reports.
Posting Public Records Can't Justify Anti-Harassment Order
So holds the Washington Court of Appeals.
FCC Head Ajit Pai on Section 230 and Free Speech
"I am pessimistic about where this goes in the future," says the outgoing chairman, who is stepping down in January.
"Faculty Are Free to … Disagree with Any Policy … of the University … Without Being Subject to Discipline"
Words to live by from the President of the University of Chicago, in response to demands to punish a professor who spoke out against various "diversity, equity and inclusion" programs.
Equal First Amendment Rights for Non-Media Speakers in Oregon
We've just filed a friend-of-the-court brief asking the Oregon Supreme Court to protect such equal rights, and overturn Oregon precedent that denies such rights.
