The Battle of Ideas Turns Coercive
Too many people (and governments) want to shut down and punish speech they disagree with.
Civil Liberties
"Gynecology … Is Obviously Far Removed from Music"
So concludes the Trademark Trial & Appeal Board, in rejecting rapper Dr. Dre's trademark claim against OB/GYN -- and OB/GYN-related writer and lecturer -- Draion M. Burch, who calls himself Dr. Drai.
Man Forbidden from Identifying Twitter Shaming Activist, Court Order Seems to Say
A First Amendment violation, I think, notwithstanding the court's concern about the anonymous Tweeter's privacy.
Europe's New Data Privacy Rules Will Make Facebook and Google More Powerful
The EU's GDPR should serve as a cautionary tale for Americans eager to reign in tech titans
Is the NRA Too Republican to Effectively Advocate for Gun Rights?
Self-defense rights need to be a cause in themselves, not just a totem of political tribal identity.
A Male Professor Told a Female Professor a Stupid Joke. Now He Faces Disciplinary Charges.
"A horrifying and chilling example of political correctness."
When Do Changes to a Web Page Restart the Statute of Limitations?
The New Jersey Supreme Court answers.
Reporting on Lawsuit—but Not Mentioning It Was Settled—Is Not Libelous
So the New Jersey Supreme Court held this morning, in Petro-Lubricant Testing Laboratories, Inc. v. Adelman.
"Freedom of the Press" as the Equal Freedom of All to Using Printing Press Technology, from the 1820s to 1930
"Freedom of the press," as I've argued in earlier posts, was understood as protecting the freedom of all to use the printing press -- not just a freedom of the profession or industry that we might call "the press."
Trump Talks a Good Game to the NRA. His Policies Tell a Different Story.
When it comes to the Second Amendment, the president is all talk.
Chicago Mayor Pushes for Police Drone Surveillance of Public Gatherings
Rahm Emanuel wants to do the thing that critics of drone surveillance fear most.
Gun Control Activists Target Newspaper for Advertising a Gun Show
The outrage at a Florida newspaper reveals a deep antipathy toward all forms of gun ownership.
Students Across the Country Walk Out of School in Defense of Gun Rights
Students who support the Second Amendment "feel that they're being misrepresented by the media," says protest organizer Will Riley.
Conservatives Are Weeping Over the Plight of Britain's Baby Alfie. But Where Are Their Tears For Border Families Being Torn Apart by the Trump Administration?
Does their commitment to family values stop at the Rio Grande's edge?
'Freedom of the Press' and Non-Professional-Media Speakers: Why It Matters
Some judges in recent have years have reasoned that non-professional-media speakers have lesser First Amendment rights.
Black Gun Owner Will Give Birth in Prison After Trying to Protect 2-Year-Old Daughter from Assailant
Siwatu-Salama Ra used a legally purchased firearm to protect her family. She was sentenced to 2 years in prison.
Malaysia's First 'Fake News' Conviction Is All About Shielding Government from Criticism
Man goes to jail for complaining about police response times.
Insanely Broad Definition of 'Assault Weapon' Moves From Illinois Village to Oregon Ballot Initiative
Peashooter prohibitions are on the rise.
New York Officials Weaponize Regulatory Power Against the NRA
In a politicized environment, getting on the wrong side of regulators can be dangerous. Don't be surprised if banks and insurers cave.
China Moves to Restrict Social Media Dissemination of 'Peppa Pig'—My Two-Year-Old's Favorite TV Show
The government fears that the popular children's cartoon has taken on a "subversive hue" and may "hamper positive societal morale."
Another "Just Shut Up" Order, This One Involving Anti-Vax Activists
One activist is ordered "not [to] post photographs videos, or information about [the other] to any internet site."
Westworld Season Two Is a Parable About Corporate Data Collection
The HBO series turns Facebook and Twitter into a theme park filled with sex, violence, and robots.
Police Body Cameras May Get Facial Recogntion
One of America's largest body camera suppliers has expressed interest in the technology.
Evidence from Around the Framing: English Non-Newspaper Freedom-of-the-Press Cases
"Freedom of the press," as I've argued in earlier posts, was understood as protecting the freedom of all to use the printing press -- not just a freedom of the profession or industry that we might call "the press."
Is This Prom Dress an Act of Cultural Appropriation?
Social media can actually be pretty good at hosting heated conversations about racism and sexism.
Shouting Hellfire in a Crowded Theater
At the end of one Avengers screening, a man started yelling, "If you were to die tonight, would your passage to heaven be guaranteed?"
Libel by WiFi Network Name
City councilman names his WiFi network "[Name of mayor and her husband] stocking u2"; could be libelous, holds the Idaho Supreme Court by a 3-2 vote.
New York Politicians Want to Suppress Free Assembly Rights for Gun Rights Supporters
Brooklyn Council Member Justin Brannan crows via tweet that "we've successfully chased the @NRA underground in #Brooklyn."
Administrators at CUNY and Duke Aren't Going to Do Anything About Students Who Disrupted Events
Speakers' free speech rights threatened
The Golden State Killer and Your Genetic Privacy
Do you have a reasonable expectation of genetic privacy under the Fourth Amendment?
'Black People Don't Have To Be Democrats'
Chance The Rapper says the unthinkable and takes it back. But he's right, and not just about African Americans.
Man with 28-year-old Felony False Statement Conviction Can't Be Denied Second Amendment Rights
So a federal district court in Illinois held yesterday.
Ken Bone Says His Son Was Suspended from School and Questioned by Cops for Gun Range Photo
Parkland survivor and pro-gun activist Kyle Kashuv was also punished.
Evidence from Around the Framing: The Freedom of the Press Covering Authors of Books and Pamphlets
More on why the freedom of the press wasn't seen as limited to "the press" in the sense of the institutional media, but extended to all who used the printing press.
Wisconsin Armslist Decision Undermines Web Site Protections Way Beyond Gun Sales
The Wisconsin Court of Appeals let a case against gun-sales advertising site Armslist go forward -- and in the process undermined 47 U.S.C. § 230 protection for a wide range of web sites.
Minn. Sup. Ct. to Decide: Do Ordinary Speakers Have Lesser First Amendment Rights Than Newspapers?
In 1980, the Minnesota Supreme Court said "yes"; yesterday, it agreed to hear a case that might lead it to reconsider.
The Nonredundant Free Press Clause
Some argue that the "freedom of the press" must give special rights to the press-as-industry, because otherwise it would be redundant of the "freedom of the speech" -- but in the Framing era, the two were complementary, not redundant.
How The Simpsons Fights Fake News: Podcast
Journalism prof Michael Socolow has three simple rules to up your social-media literacy.
Non-First-Amendment Objections to Anti-Libel Injunctions
A new section for the brief I blogged about last week, ultimately arguing that an injunction is improper in Sindi v. El-Moslimany -- but not because of the First Amendment.
Kid Sues Over First Amendment Right to Second Amendment Shirt
A Nevada school district unlawfully required a student not to wear a gun rights T-shirt, according to a First Amendment lawsuit filed today in federal court.
