Nieves v. Bartlett and Allegedly Retaliatory Arrests Based on Speech Alone
The Sixth Circuit suggests an important limit on the Supreme Court's Nieves precedent, though it doesn't decide the question.
Civil Liberties
Laws Banning "Impair[ing] the Functions of any Police … Operations"
The Sixth Circuit expresses concern that such bans may be unconstitutionally vague or overbroad.
The First Amendment and a Parody of a Police Department Web Page
The parodist was arrested for "unlawfully impair[ing] the department's functions," but was acquitted; the Sixth Circuit just let the parodist's lawsuit against the city proceed.
The Dismissal of Nicholas Sandmann's Lawsuit Shows There's a Difference Between Unfair Press Coverage and Libel
While the teenager has a legitimate beef about coverage of his encounter with Native American activist Nathan Phillips, that doesn't mean he has a legal cause of action.
Section 230 Is the Internet's First Amendment. Now Both Republicans and Democrats Want To Take It Away.
From Josh Hawley to Kamala Harris, online free speech is under attack.
Tulsi Gabbard's $50 Million Lawsuit Against Google Is Another Attack on Online Free Speech
The presidential hopeful alleges the company violated her First Amendment rights when it suspended her campaign advertising site for 6 hours.
CBS News Story on Forged Court Orders Aimed at Vanishing Posts from Google Searches
"I'm trying to figure out how the same links that are in this contract that you were paid $7,500 to remove end up in a fake court order with the client's name?"
Employment Discrimination Plaintiff Can't Get Case Sealed After Settlement
Stephanie Gilliard argued "that offers of employment have been rescinded after Google searches of her name revealed the events of this case, namely her surreptitious recordings of her co-workers."
The Justice Department's 'Big Tech' Antitrust Investigation Is Unnecessary Political Theater
Both Democrats and Republicans are cheerleading for government action against Facebook, Google, Amazon, and the rest, but Americans should be skeptical.
No Woman Should Be Forced to Give a Troll a Brazilian Bikini Wax
Transgender activist Jessica Yaniv has forced the British Columbia Human Rights council to hear a truly absurd complaint.
The Erica Thomas Incident Wasn't National News, But That Never Stops Our Outrage-Hungry Media
A trivial encounter between two irate grocery shoppers becomes a viral story, then a hate hoax.
Department of Homeland Security
Papers, Please! DHS Wants Power to Deport People Faster with Less Judicial Oversight
A policy that allows for quicker deportations near the border could expand nationwide.
New Chick-fil-A Law Reveals Texas Politicians' Hypocrisy on Corporate Speech
Fans of the state's new Chick-fil-A law should take a look at the anti–Boycott, Divestments, and Sanctions law.
Police, Vigilantes Battle Hong Kong Demonstrators
Iran seizes British tanker, White House and Congress approach a budget deal, Bernie Sanders cuts campaign workers' hours, and more...
Second Amendment Doesn't Protect Gun Possession in Capitol Parking Lot
So the D.C. Circuit held today.
Trump's Message: If You Hate Me, You Hate America, and You Should Leave the Country
Lindsey Graham, who once called Trump a "race-baiting, xenophobic, religious bigot," seems to agree.
Doe v. Doe Libel Lawsuit Over Allegations of Sexual Misconduct by a Business Executive
Unsurprisingly, the exact allegations that are said to be libelous don't appear in the complaint.
Joy Behar Has No Idea What the ACLU Does or That Hate Speech Is Protected Under the First Amendment
Donald Trump is far from the only person who doesn't understand the Bill of Rights.
Judge Rules Florida Can Require a License To Give Out Diet Tips
No diploma, no making money telling people how to eat better.
Dennis Prager, Who Boasts 1 Billion Video Views a Year, Decries YouTube 'Censorship'
The pundit made the claim at a Senate hearing on allegations of tech censorship against conservatives.
N.Y. Court Refuses to Enjoin Allegedly Libelous Speech About Chinese Official
The plaintiff, Yan Huang, is vice minister of China's Ministry of Housing and Urban-Rural Development. Defendant, Wengui Guo, who also goes by Miles Kwok, has been described as a "renegade Chinese billionaire," who fled China and now lives in New York.
John Paul Stevens Was a 'Liberal Champion,' Except When He Wasn't
The late Supreme Court justice was an inconsistent defender of civil liberties.
How Justice John Paul Stevens Shaped—and Misshaped—American Law
The retired Supreme Court justice has died at 99.
Democrat Rep. Al Green Moves To Impeach Trump for his Attacks on 'The Squad'
Plus: Planned Parenthood's CEO is terminated, the Trump administration drains the swap, and Chelsea Manning is hit with more fines.
British Members of Parliament Do All Their Sneaky Plotting on WhatsApp
But they would prefer to be able to snoop on civilians who use the encrypted chat app.
How 'Ag-Gag' Laws Stifle Free Speech
The government shouldn't pass special laws that prevent people from revealing what's true.
The Folly of Government-Imposed Social Media 'Neutrality'
Trump supports a bill that would encourage censorship in the name of free speech.
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.
