Civil Liberties
Journal of Free Speech Law: "Beyond the Watchdog: Using Law to Build Trust in the Press," by Prof. Erin Carroll
Just published as part of the symposium on Media and Society After Technological Disruption, edited by Profs. Justin "Gus" Hurwitz & Kyle Langvardt.
Disarming a Man Based on a Nonviolent Misdemeanor Was Unconstitutional, the 3rd Circuit Rules
The decision highlights the injustice of a federal law that bans gun possession by broad categories of "prohibited persons."
Kat Timpf: Make America Funny Again!
The You Can't Joke About That author says that free speech and dark humor can bring a fragmented country together.
Privacy Lawsuit Over Netflix's Our Father Fertility Fraud Documentary Can Go Forward
"Dr. Cline inseminated many of his female patients with his own semen, ultimately, fathering approximately [94] children"; Netflix allegedly promised the Secret Children anonymity when making its film, but allegedly broke its promise.
Mississippi Court Rejects Tort Claim Over Wife's Leaving Husband "Without Any Notice or Warning"
The court also concludes that there is no separate "verbal assault" tort in Mississippi, and that falsely telling spouse "I love you" generally isn't actionable fraud.
Biden's ATF Can't Stop Cody Wilson's Ghost Guns
Join Reason on YouTube and Facebook Thursday at 1 p.m. Eastern for a discussion of Cody Wilson's ongoing lawsuit against the federal government.
The A.I. Defamation Cases Are Here: ChatGPT Sued for Spreading Misinformation
Plus: Age-verification laws threaten our First Amendment right to anonymity, New York bill would set minimum prices for nail services, and more...
Why Are So Many Younger Americans OK With Big Brother Monitoring Their Homes?
Children raised in an atmosphere of fear become adults who prioritize security over liberty.
The Biden Administration Still Insists That Cannabis Consumers Have No Right to Arms
As pot prohibition collapses across the country, that policy is increasingly untenable.
First (?) Libel-by-AI (ChatGPT) Lawsuit Filed
"Every statement of fact in the summary [provided by ChatGPT] pertaining to [plaintiff] Walters is false."
George Santos's Bail Guarantors Must Be Disclosed -- but the Order so Holding Is Sealed Pending Appeal
(The appeal is an appeal to the District Court, so it will likely be resolved fairly quickly.) [UPDATE 6/20/23: The District Court affirmed the disclosure order; the guarantors' names will be released 6/22, at least unless they "seek to withdraw from" being guarantors.]
Stop Piling Charges on Mom of 6-Year-Old Shooter
Plus: Michigan Supreme Court takes up case on warrantless drone spying, Obamacare legal battles continue, and more...
Journal of Free Speech Law: "The New Gatekeepers?: Social Media and the 'Search for Truth,'" by Prof. Ashutosh Bhagwat
Just published as part of the symposium on Media and Society After Technological Disruption, edited by Profs. Justin "Gus" Hurwitz & Kyle Langvardt.
Is Encouraging Illegal Immigration Protected by the First Amendment?
Criticizing the law by calling for people to break it is an American tradition.
An Un-Bearable Fourth Amendment/Property Rights Case
A Connecticut case raises the issue of whether a government agency violated the Fourth Amendment by attaching a camera to a bear known to frequent the plaintiffs' property. While the facts may seem silly, the case does raise some serious issues.
How School Choice Can Mitigate Harmful Culture War Policies in Public Education
Current culture wars are just one more manifestation of the reality that public education routinely devolves into indoctrination and imposition of majoritarian ideology on dissenters. But school choice can help mitigate that problem.
Fast Reloading of Guns in the 19th Century
Manufacturing improvements made affordable many types of guns that previously had been available only to the wealthy
Should Libertarians Be Noncombatants in the Pride Wars?
Plus: A listener question considers the pros and cons of the libertarian focus on political processes rather than political results.
NYC's Child Protection Agency Lobbying To Weaken Parents' Rights Bill
A bill advancing the New York State Assembly would require child welfare agents to inform parents of their legal rights when beginning an investigation of child abuse or neglect.
A Connecticut Couple Challenges Warrantless Surveillance of Their Property by Camera-Carrying Bears
The lawsuit looks iffy in light of the Supreme Court's "open fields" doctrine.
Michigan Supreme Court To Decide If Government Can Warrantlessly Spy on You With Drones
The state court of appeals held previously that unconstitutionally collected evidence could still be used for civil enforcement.
S. Ct. Will Decide "TRUMP TOO SMALL" Trademark / First Amendment Case
The question: Does the First Amendment allow content-based but viewpoint-neutral restrictions on which trademarks may be registered—here, a restriction on marks that "[c]onsist[] of or comprise[] a name ... identifying a particular living individual except by his written consent"?
Trump-Appointed Judge Rules Tennessee's Anti-Drag Law Unconstitutional
Plus: Librarians take on Arkansas book restrictions, another migrant stunt may have originated in Florida, and more...
E.U.'s Digital Services Act Threatens Americans' Free Speech
Online platforms should resist binding us all to the rules of censorship-happy jurisdictions.
Journal of Free Speech Law: "Sober and Self-Guided Newsgathering," by Prof. Jane Bambauer
Just published as part of the symposium on Media and Society After Technological Disruption, edited by Profs. Justin "Gus" Hurwitz & Kyle Langvardt.
Court Strikes Down Tennessee Ban on Pornographic Performances by "Male or Female Impersonators" Where Minors Can See Them
Properly crafted restrictions on displays of pornographic material where minors can see it are constitutional; but the court rules, among other things, that this restriction (1) discriminatorily targets drag shows, (2) lacks an exemption for minors escorted by parents, (3) applies even to venues that try to card attendees but are duped by a fake ID.
Uganda's New Anti-Gay Law Could Undermine AIDS Prevention
The new law dictates a life sentence for anyone caught having gay sex and the death penalty for anyone convicted of "aggravated homosexuality."
YouTube Abandons Election Misinformation Policy That Censored Political Speech
"We find that while removing this content does curb some misinformation, it could also have the unintended effect of curtailing political speech."
He Spent a Decade in Jail Without Being Convicted. Now His Lawyer Says His Case Should Be Dismissed.
Maurice Jimmerson has spent 10 years in jail awaiting trial for a 2013 murder charge.
Journal of Free Speech Law: "Getting to Trustworthiness (But Not Necessarily to Trust)," by Prof. Helen Norton
Just published as part of the symposium on Media and Society After Technological Disruption, edited by Profs. Justin "Gus" Hurwitz & Kyle Langvardt.
Journal of Free Speech Law Publishing Symposium on "Media and Society After Technological Disruption"
The symposium was edited by Prof. Justin "Gus Hurwitz" & Prof. Kyle Langvardt, and will be published later this year as a book by Cambridge University Press.
Woman Suing Cuba Gooding, Jr. Over Alleged Rape Can't Proceed as "Jane Doe" at Trial
The court had allowed her to litigate pseudonymously at earlier stages in the process, but just held that this doesn’t extend to trial.
The Marvelous Mrs. Maisel Celebrated Selfishness as a Virtue
The show's final season boldly declared that success requires putting yourself first and accepting the trade-offs.
Hunter Biden, Second Amendment Warrior?
Plus: Flaws in studies linking teen social media use to depression, debt ceiling deal passes Senate, and more...
Unsuccessful Plaintiff Can't Get Case Retroactively Sealed, Despite Alleged Harm to Employment Prospects
The case had involved a doctor who had sued over his license being restricted based on allegations of mental incompetency.
Georgia Arrests 'Cop City' Bail Fund Organizers for Fraud, Money Laundering
As with other cases in recent months, Georgia law enforcement has used specious classifications to charge nonviolent protesters with domestic terrorism.