Civil Liberties
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.
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
