Civil Liberties
Journal of Free Speech Law: "Epistemic Disagreement, Institutional Analysis, and the First Amendment Status of Lies," by Prof. Mark Tushnet
The ninth of twelve articles from the Knight Institute’s Lies, Free Speech, and the Law symposium.
Pioneer Institute Hubwonk Podcast on Exclusionary Zoning and the Takings Clause
In interview with Joe Selvaggi of the Pioneer Institute, I explain the harm caused by exclusionary zoning, and why it violates the Takings Clause of the Fifth Amendment.
Who Can Sue the Food and Drug Administration?
If doctors cannot sue the FDA for failing to restrict pharmaceuticals or other products, can anyone else? And if not, is this a problem?
Journal of Free Speech Law: "Democracy Harms and the First Amendment," by Prof. Deborah Pearlstein
The eighth of twelve articles from the Knight Institute’s Lies, Free Speech, and the Law symposium.
Parents Investigated for Letting 7-Year-Old Get a Cookie From the Store
"You just can't raise kids like that anymore—it isn't safe," the cops told the Widner family.
Will J.K. Rowling Do Time?
Plus: Mnuchin's TikTok folly, Trump's April Fools' joke, Andy Warhol's muse, and more...
Christopher Yoo on Regulating Social Media Platforms as "Common Carriers"
The Univ. of Pennsylvania legal scholar makes the most thorough critique yet of this approach to justifying regulations that bar social media firms from engaging in most types of content moderation.
Journal of Free Speech Law: "Distrust, Negative First Amendment Theory, and the Regulation of Lies," by Prof. Helen Norton
The seventh of twelve articles from the Knight Institute’s Lies, Free Speech, and the Law symposium.
Minor Third-Order-Procedure Decision in Walters v. OpenAI Large Libel Models Lawsuit
Procedure about procedure about procedure.
Turkey's Strongman Had a No Good, Very Bad Weekend
The Turkish opposition ran circles around President Recep Tayyib Erdogan's party in local elections. It could be the beginning of the end of his 20-year reign.
Defending Pornography on Feminist Grounds: A Q&A With Nadine Strossen
"There were many of us who opposed censoring pornography...precisely because of our commitment to feminist goals and principles," says the former ACLU chief.
Journal of Free Speech Law: "Anonymity, Identity, and Lies," by Prof. Artur Pericles L. Monteiro
The sixth of twelve articles from the Knight Institute’s Lies, Free Speech, and the Law symposium.
Abortion Fallout
Plus: Illegal homes in California, Erdogan's party does poorly in local elections, and more...
No Right to Be Forgotten for Defendant in Civil Case
"To the extent that Kavadia asks the Court to order that public reporting about this case be removed from the Internet, such an order would blatantly violate the First Amendment."
Journal of Free Speech Law: "Fake News, Lies, and Other Familiar Problems," by Prof. Sam Lebovic
The fifth of twelve articles from the Knight Institute’s Lies, Free Speech, and the Law symposium.
Journal of Free Speech Law: "Protecting Public Knowledge Producers," by Prof. Heidi Kitrosser
The third of twelve articles from the Knight Institute’s Lies, Free Speech, and the Law symposium.
Journal of Free Speech Law: "Government Counterspeech," by Prof. Jamal Greene
The third of twelve articles from the Knight Institute’s Lies, Free Speech, and the Law symposium.
Missouri Government Agency Threatening to Sue Critic for Libel
But lawsuits for libeling the government do not "have any place in the American system of jurisprudence."
FBI Agent Says He Hassles People 'Every Day, All Day Long' Over Facebook Posts
"It's just an effort to keep everybody safe and make sure nobody has any ill will," he claimed.
What Do We Owe the Kids?
Plus: Gun detection in the subway system, Toronto's rainwater tax, goat wet nurses, and more...
Call to "Update Free Speech Policies" to Address Supposed Hate Speech at Public University
I'm against it, whomever it's coming from.
Journal of Free Speech Law: "Investigative Deception Across Social Contexts," by Prof. Alan Chen
The first of twelve articles from the Knight Institute’s Lies, Free Speech, and the Law symposium.
State Employer's Requiring Employees to Watch "Antiracist"/"Gender Identity" Videos Isn't Unconstitutional Speech Compulsion
But plaintiff's claim that he was retaliated against for raising religious objections to the training, and discriminated against based on religion as to promotion, can go forward.
Steven Pinker: What Went Wrong at Harvard
The psychologist and bestselling author argues that Harvard's free speech policy was so "selectively prosecuted that it became a national joke."
Supreme Court Unpersuaded
Plus: Vanderbilt activists' 911 call, Kevorkianniversary, MAID problems, and more...
Free Speech Is Under Attack in the U.S., but It's on the Ropes Elsewhere
“Even open democracies have implemented restrictive measures,” finds a global report.
Squatters' Rights Laws Violate the Takings Clause
Where these laws allow squatters to occupy houses without the owner's consent, they qualify as takings of private property that require payment of compensation under the Fifth Amendment.
Private Employee's Claim That She Was Fired for Peacefully Attending Jan. 6 Events Can Go Forward,
under California statutes that protect private employees' political activity; the plaintiff claimed that "[s]he listened to speeches being made and walked to the Capitol, and then she left," and "did not participate in any rioting."
More on Coercion, Social Media, and Freedom of Speech: Rejoinder to Philip Hamburger
Prof. Hamburger continues to conflate coercion and voluntary choice.
Hamburger Responds: Prof. Somin Repeats His Errors
Round 3 in the debate between Hamburger and Somin over the First Amendment and Murthy
Can't Sue In-Laws for "Undermining" Marriage and Thus Tortiously Inducing Breach of Marriage Contract
This used to be possible under the old "alienation of affections" tort, but all but a handful of states have abolished it, and the tortious inducement of breach of contract tort can't fill that gap.
Mifepristone in the Supreme Court - Comments on Oral Argument (Updated)
Live commentary on the Supreme Court oral argument in FDA v. Alliance for Hippocratic Medicine
Can Emergency Room Doctors Sue the FDA for Failing to Regulate Mifepristone More Aggressively?
The threshold issue in today's oral argument is Article III standing, and that issue should be determinative.
How Capitalism Beat Communism in Vietnam
It only took a generation to go from ration cards to exporting electronics.
Abridgement, Coercion, and Freedom of Speech: Reply to Philip Hamburger
Prof. Hamburger is wrong to argue that the use of the word "abridgment" implies that noncoercive government persuasion directed at social media firms violates the First Amendment.
Ron DeSantis Signs Social Media Age-Verification Bill
The law would require platforms to use invasive measures to prevent most teenagers under 16 from making social media accounts and bar all minors from sexually explicit sites.
