A Civil Rights Attorney Started Filming a Traffic Stop. Then Police Arrested Her.
Her arrest may have been retaliation for her involvement in a lawsuit against the local police department.
Civil Liberties
Congress Had Questions About the CDC Stifling Dissent. Rochelle Walensky Refused To Answer.
Plus: Court using anti-pornography software to track a criminal defendant, $25 million verdict against Starbucks over fired employee, and more...
Journal of Free Speech Law: "Content Moderation in Practice," by Laura Edelson
Just published as part of the symposium on Media and Society After Technological Disruption, edited by Profs. Justin "Gus" Hurwitz & Kyle Langvardt.
Seattle Ordinance That Forbids, Among Other Things, Chalking Is Likely Unconstitutional
[UPDATE 5/19/24: This trial court decision has since been reversed by the Ninth Circuit.]
The New Right Isn't So New
Left-wing totalitarianism and right-wing authoritarianism are not our only options.
A.I. Needs Section 230 To Flourish
A new bill from Sens. Josh Hawley and Richard Blumenthal would stifle the promise of artificial intelligence.
Louisiana Gov. Said He Opposed the Death Penalty. Then Almost Every Death Row Inmate Applied for Clemency.
Only two clemency applications from death row inmates in Louisiana have been granted in the past 50 years.
Intelligence Services Evade 4th Amendment by Paying for Your Data
The Office of the Director of National Intelligence warned that the practice threatens civil liberties, risks "mission creep," and could increase intelligence agencies' power.
Government Entity May Turn off All Comments on Its Social Media Page
It just can't limit such comments in a viewpoint-based way.
"Hamtramck Council Approves Banning LGBTQ+, Other Flags on City Property"
Actually, the resolution just dictates what flags may be flown on city flagpoles; and that, I think, is constitutionally permissible.
Armslist Not Liable for Hosting Gun Sale Ads That Led to Purchases by People Who Used the Guns Criminally
The Seventh Circuit so holds, applying Wisconsin tort law, and not reaching the 47 U.S.C. § 230 issue.
Congress Considers Conditions on the Government's License To Steal
The FAIR Act includes several substantial reforms that would make it harder to take property from innocent owners through civil forfeiture.
Why Is It So Hard for Victims of Police Abuse To Get Justice?
Joanna Schwartz on how law enforcement "became untouchable"
If Employee Is Fired for Off-the-Job Political Speech, Can He Be Denied Unemployment Compensation
on the grounds that the firing was for "misconduct" (such as violation of a social media policy)?
Journal of Free Speech Law: "Brokered Abuse," by Prof. Thomas Kadri
Just published as part of the symposium on Media and Society After Technological Disruption, edited by Profs. Justin "Gus" Hurwitz & Kyle Langvardt.
DeSantis Complains About the Weaponization of State Power. He Should Reexamine His Own Record.
If the Florida governor wants better behavior, he should model better behavior.
Did NYC Schools Retaliate Against Parents Who Asked Too Many Questions?
Parents of disabled children say the schools filed false neglect reports against them.
Codifiers' Errors and 42 U.S.C. 1983
with relevance to both a 1980 precedent and a recent article by Alex Reinert
Allegations That Particular Conduct Stemmed from a Racist Motivation Generally Aren't Defamatory
(though false allegations about the details of the conduct may be).
The Public Has a Right To See the Nashville Shooter's Writings
Government officials have neither the right nor the credibility to stand in the way.
Journal of Free Speech Law: "Privacy Rights, Internet Mug Shots, and a Right to Be Forgotten," by Prof. Amy Gajda
Just published as part of the symposium on Media and Society After Technological Disruption, edited by Profs. Justin "Gus" Hurwitz & Kyle Langvardt.
Private Employers May Not Fire Employees for Writing to the Legislature, Tennessee Court Holds
BlueCross BlueShield allegedly fired an employee for "email[ing] Tennessee state legislators with her concerns and grievances regarding vaccine mandates."
Journal of Free Speech Law: "Defamation, Disinformation, and the Press Function," by Prof. RonNell Andersen Jones
Just published as part of the symposium on Media and Society After Technological Disruption, edited by Profs. Justin "Gus" Hurwitz & Kyle Langvardt.
Cody Wilson: The Future of Gun Control and U.S. Politics
The man behind 3D-printed guns talks about beating the ATF, his abiding interest in cyberpunk culture, and what comes next for "practical anarchy."
Firing a Professor for 'Left-Wing' Views Is Unconstitutional
But Chris Rufo bragged about breaking the law anyway.
The SPLC Is Massively Overcounting 'Hate' Groups—and It's Not Just Moms for Liberty
At this rate, the Southern Poverty Law Center's notorious hate map might eventually describe everyone as an extremist.
Prosecutors Say Backpage Defendants Shouldn't Be Allowed To Reference the 1st Amendment
Prosecutors also want a judge to take basically all possible defenses off the table.
No Pseudonymity for Plaintiff in Medical Data Breach Case
"[A]n individual's name is not sensitive data in and of itself, and Plaintiff does not explain how publication of Plaintiff's name would place Plaintiff's data at further risk."
Gavin Newsom Wants To 'Permanently Enshrine' Gun Control in the U.S. Constitution
California’s governor insists his “28th Amendment” would leave the right to arms “intact.”
Lockdown Dissenters Were Muzzled in the U.K. as Well as the U.S.
Thin-skinned authoritarians of the world, unite!
Journal of Free Speech Law: "Cheap Speech and the Gordian Knot of Defamation Reform," by Prof. Lyrissa Lidsky
Just published as part of the symposium on Media and Society After Technological Disruption, edited by Profs. Justin "Gus" Hurwitz & Kyle Langvardt.
A City Banned Pride Month–Themed Library Displays. Then It Threatened Employees Who Criticized the Decision.
After officials in Orem, Utah, banned “heritage month” displays in the public library, it threatened to discipline librarians who criticized the censorship.
Submit Your Articles to the Journal of Free Speech Law, Before You Circulate Them to the Law Reviews
We'll give you an answer within 14 days, and we can publish them within several weeks, if you'd like.
Court Clears Colorado Day Care Worker Accused of Child Abuse After Mundane Incident
"All I've been able to see for a little while was this trial," says Amy Lovato.
Supreme Court Sides With Jack Daniel's Against Doggy Chew Toy Company
It's not a broad attack on free expression, but Thursday's ruling is certainly a victory for brands that can't take a joke.
Virginia Wildlife Agents Came Onto His Land and Stole His Camera. Now He's Suing.
Eight weeks ago, a camouflaged game warden came onto Josh Highlander's land, scared his son, and stole his trail camera.
Law Banning Distressing Speech "About" a Person Must Be Limited to Speech Within First Amendment Exceptions
So holds the D.C. Court of Appeals, D.C.'s equivalent of a state supreme court.
Are Abortion Bans Takings?
Legal scholar Julie Suk argues the answer is "yes." The idea has a solid basis in natural rights theory, but is at odds with longstanding legal doctrine. It also has potentially very broad libertarian implications.
