Civil Liberties
Calling Someone an "Amateur" May Sometimes Be Defamatory
“This Court rejects Defendants’ argument an ordinary person could find ‘amateur,’ in this circumstance, to refer to ‘one who engages in a pursuit, study, science, or sport as a pastime rather than a profession’ or a ‘devotee, [or] admirer,’ given the surrounding context and circumstance.”
Why the New Republican Platform Is Moderate on Abortion
The party platform previously called for a constitutional amendment to protect unborn children. Now, it says abortion should be left to the states.
District Court Rejects Magistrate Judges' Gag Order on Publishing Name of Retroactively Pseudonymized Litigant
"Professor Volokh may not ... publicly disclose Plaintiff's name or personal identifying information in any future writings, speeches, or other public discourse."
Biden Cites the Farcical FBI-Assisted Plot To Kidnap Gretchen Whitmer as an Example of Political Violence
The plot to kidnap the Michigan governor was in large part concocted and encouraged by paid FBI informants and their Bureau handlers.
FTC Opens a Backdoor Route to Age Verification on Social Media
In a "novel" order concerning the app NGL, the agency takes aim at online anonymity and at minors on social media.
Louisiana Federal Court Affirms the Right To Peacefully Protest
Nearly eight years after it was filed, the vexatious lawsuit against protester DeRay Mckesson has been dismissed with prejudice.
Great Moments in Unintended Consequences: DoorDash, Google AI, and French Wikipedia (Vol. 16)
Good intentions, bad results.
Tennessee Will Not Appeal Ruling Over Wildlife Agents Planting Cameras
While the decision is great news for Tennesseans, it's only the first step in reclaiming Americans' property rights against the open fields doctrine.
The 2024 GOP Platform Barely Mentions Gun Rights
The party's neglect of the issue is consistent with its domination by Donald Trump, who pays lip service to the Second Amendment but has never been a true believer.
Libel, Fire, Healing Chakras, and Real Housewives of New York
“The article also documents Plaintiff’s four failed attempts at appearing on the Real Housewives of New York, and the potentially circumstantial evidence that the fire was used as a publicity stunt as it occurred just one day prior to Plaintiff joining a talk show wherein she talked extensively about the fire.”
Cops Called on 8-Year-Old Child for Being Outside
"Can a child not ride her bike on the street in this neighborhood anymore?"
Journal of Free Speech Law: "Adding Injury to Insult: Kant on Defaming the Dead," by Prof. David Sussman
An article from the Defamation: Philosophical and Legal Perspectives symposium, sponsored by the Center for Legal Philosophy at UC Irvine.
The Best of Reason: Child Welfare Systems Are Trapping Innocent Families
Georgia parents were accused of child abuse after they took their daughter to the doctor. Does the state's story add up?
Journalist Sues Cops Who Handcuffed Him for Photographing 'Cop City' Arrests
After police detained Benjamin Hendren, they urged construction workers to lie about him.
9th Circuit Rejects Qualified Immunity for Honolulu Cops Who Handcuffed 10-Year-Old Girl
Officers should have known that handcuffing a compliant 10-year-old is unnecessary, the court ruled.
What Free Speech Rights Do Anti-Israel Activists Have on College Campuses?
Public colleges must have viewpoint-neutral policies, but they don't have to allow protester encampments.
Tennessee Woman's 'Fuck Em' Both 2024' Sign Is Protected Speech, Rules District Court
The town of Lakeland will have to refund Julie Pereira $688 in fines and fees and pay her $1 in nominal damages for violating her First Amendment rights.
Why the Media Covered for Biden
Plus: A listener asks whether Bruce Springsteen's song Born in the U.S.A is actually patriotic.
Child Welfare Systems Are Trapping Innocent Families
Georgia parents were accused of child abuse after they took their daughter to the doctor. Does the state's story add up?
Oklahoma To Require Public Schools To Teach the Bible
"Every teacher, every classroom in the state will have a Bible in the classroom and will be teaching from the Bible in the classroom," state Superintendent Ryan Walters announced last week.
Labour Wins U.K. Elections as Conservatives Collapse and Third Parties Surge
Keir Starmer’s Labour secures a sweeping victory, taking the helm from Rishi Sunak.
Court Vacates "Stalking … Protective Order" Entered Against Critic of Elected Official
The official argued, among other things, that defendant's speech constituted "words of incitement" intended "to rile up the Black community to attack [her]."
Federal Intervention in Campus Protests Is Going Too Far
Department of Education settlements with protest-wracked colleges threaten censorship by bureaucracy.
Rapper B.G. Ordered To Turn Over New Song Lyrics to the Feds
Supervised release shouldn't require former inmates to give up their First Amendment rights.
Saudi Arabia Reportedly Sentences Netflix Comedian to 13 Years
The creator of Masameer County was charged with promoting homosexuality and terrorism for his South Park-style satirical cartoon.
Judges Block Indiana and Mississippi Age Verification Laws for Porn, Social Media
And the Supreme Court agrees to weigh in.
Injunction Ordering Citizens Not to Mention Coroner in Online Posts (and Barring Them From Possessing Weapons)
An Ohio trial court issued the injunction, but the Ohio Court of Appeals has just set it aside.
Two SCOTUS Cases Show How an Unaccountable Administrative State Hurts 'Ordinary People'
Contrary to progressive criticism, curtailing bureaucratic power is not about protecting "the wealthy and powerful."
Free Speech Unmuted: Moody v. Netchoice and Murthy v. Missouri
Jane Bambauer and I quickly run down what happened in these two cases (both of which involved First Amendment challenges and social media).
A Law Professor's Beef With a First Amendment 'Spinning Out of Control': Too Much Speech of the Wrong Sort
Even as he praises judicial decisions that made room for "dissenters" and protected "robust political debate," Tim Wu pushes sweeping rationales for censorship.
The Supreme Court Didn't Destroy the Regulatory State. It Stood Up for Due Process.
Justice Ketanji Brown Jackson says these cases will "devastate" the regulatory state. Good.
Federal Judge, ICE Agents Linked to Compromised Spyware Use
The surveillance company mSpy just suffered its third data breach in a decade, exposing government officials snooping for both official and unofficial reasons.
Justice Thomas Argues the Court Should at Some Point Consider Whether "Assault Weapons" Bans Violate Second Amendment
Justice Alito takes a similar view, but, at least in this case, this view didn't get the four votes necessary to grant review.
Gorsuch Apes NIMBY Government Lies in Supreme Court's Grants Pass Decision
Plus: A disappointing first round of "Baby YIMBY" grant awards, President Joe Biden endorses rent control, and House Republicans propose cutting housing spending.
Justices Thomas and Gorsuch Argue Court Should Review Scope of 47 U.S.C. § 230 Immunity
But, at least in this case, this view didn't get the four votes necessary to grant review.
Ohio S. Ct. Vacates Order Sealing Documents at Defendant's Behest in Alleged Child Rape Case
The defendant had alleged that he, his family, and his lawyer had been threatened by the public, but the Ohio Supreme Court concluded that the trial court wasn't given adequate evidence to justify sealing.
Sacramento Cops Shared License Plate Data With Anti-Abortion States
And a grand jury says that's illegal.
Social Media Moderation Is Speech, Says Supreme Court
The Court is remanding these two cases for more analysis—but it made its views on some key issues clear.
