Free Speech
Let's Stop Talking About Free Speech and Start Defending It
Don't lock down expression along with so much else of American society.
Ordinary Woman Fired Because of Washington Post Article About Costume She Wore at Halloween Party Two Years Ago
Not a high-level official, not a spokesperson, not an endorser -- just an ordinary person.
MLB Letter in Yankees Sign-Stealing Investigation Should Be Unsealed, Says Federal Judge
The decision has been promptly appealed.
Katie Herzog and Jesse Singal on Left-Wing Cancel Culture
The heterodox hosts of the popular Blocked and Reported podcast talk about surviving internet outrage, the roots of speech repression, and the power of direct financial support from fans.
Ohio S. Ct. Reverses Order Blocking Man from All "Posting About" His Sister and Mother
"Even if past [mentally distressing] speech that an offender made to a person ... could be considered ... integral to the criminal conduct of menacing by stalking [and thus unprotected], we do not believe that this principle may be applied categorically to future speech ... directed to others."
Protest Organizers Shouldn't Be Liable for Other People's Crimes
A lower court precedent left unchallenged would unjustly compromise First Amendment protest rights. The Supreme Court should reconsider.
Former eBay Employees "Charged with Leading a Cyberstalking Campaign Targeting the … Publisher of a Newsletter"
"that eBay executives viewed as critical of the company" (as best I can tell, the newsletter is EcommerceBytes).
Art History Professor Condemned by Stanford Undergraduate Senate
Her crime? Spelling out what the rap group N.W.A. stands for, and quoting one of their lyrics.
"No Official, High or Petty, Can Prescribe What Shall Be Orthodox"
"in politics, nationalism, religion, or other matters of opinion."
Requirement of Licensing and Test for Tour Guides Violates the First Amendment
"An individual's right to speak is implicated when information he or she possesses is subjected to restraints on the way in which the information might be used or disseminated."
Federal Aircraft Accused of Tracking Protesters
Plus: Breonna’s Law bans no-knock raids in Kentucky, Amazon's third-party problem, new findings on metabolism, and more...
"Vocational Training Is Speech Protected by the First Amendment"
Ninth Circuit allows plaintiffs to challenge California statute that bars students from attending some for-pay trade schools unless the students have a high school diploma, have a GED, or can pass a government-prescribed test.
Prof. Randall Kennedy (Harvard Law) on Accurately Quoting Racial Epithets
"For me, demands for silence, for avoidance, or for bowdlerization will be offered no deference."
No Routine Sealing of Names of Officers Who Arrested Molotov-Cocktail-Thrower
"Absent some concrete threat to the officers, which has not been suggested here, there is no principled way to discern why this case would justify redactions while others would not."
Does City's Painting of Messages on City Streets Require It to Give Equal Access to Other Messages?
No, if the city endorses the messages as its own.
May the Law Ban Calls to Government Offices "Using Indecent Language" "With Intent to Harass or Embarrass"?
With a special cameo appearance by Eric Holder.
Court Allows Subpoena of Media for Unpublished but Nonconfidential Interview Outtakes
An interesting illustration of the qualified privilege that many courts recognize in such cases.
What Would It Mean for President Trump to Declare Antifa a "Domestic Terrorist Organization"?
Not much as a legal matter, as best I can tell. [See UPDATE.]
UCLA Poli Sci Department Condemns Lecturer for Reading MLK's Letter from Birmingham Jail, Showing Video About Lynching
UCLA says complaints -- about the fact that both the excerpt read from King's letter and the video included the word "nigger" -- have "been shared with UCLA’s Office of Equity, Diversity and Inclusion for review."
47 U.S.C. § 230 Preempts State Right of Publicity Claims
and other state (but not federal) intellectual property claims brought over platforms' hosting of third-party content.
"Statement on Campus Censorship During Nationwide Protests"
From the Foundation for Individual Rights in Education.
It Wasn't Tear Gas. It Was a Gaseous Substance That Causes Tears.
Plus: Protest updates, COVID-19 upates, a surge in gun sales, and more...
It's Hard To Take Either Side in Trump's Twitter Spat Seriously
The president promises penalties he has no power to impose, while the company promises moderation it cannot deliver.
California Congressman Ro Khanna Calls for "Fairness Doctrine for the Internet"
Also for the FCC to police supposed "blatant falsity."
Interesting Public Access Decision as to the R. Kelly / Drea Kelly Divorce Case
"The mere fact a person may suffer embarrassment or damage to his reputation as a result of allegations in a pleading does not justify sealing the court file."
Libel Lawsuit Leads Court to Ban Even True Statements About Plaintiff's "Sex Offender Status"
Fortunately, the Michigan Court of Appeals has just reversed that injunction.
Donald Trump vs. Joe Biden vs. Twitter vs. Facebook
Thank god for the First Amendment and the feuds among powerful politicians and platforms that will keep free speech alive.
Trump's Illegal, Impossible Plan to Teach Twitter a Lesson
Plus: unrest in Minneapolis, Twitter labels Trump tweet, and more...
Court Orders: Stop Tweeting About Your Ex-Friend's Criminal Conviction—Though Tweets Didn't Use the Man's Name
Fortunately, the Florida Court of Appeal reversed the order.
Platform Immunity and "Platform Blocking and Screening of Offensive Material"
"Good faith," "otherwise objectionable," and more.
If the Government Bans Viewpoint Discrimination by Social Media Platforms, That Would Also Protect Pro-Terrorist Content
Government action protecting speech must itself be viewpoint-neutral, I think -- and this makes it much less likely that such viewpoint discrimination requirements will indeed be adopted.
Trump's Executive Order on Twitter Is a Total Mess
Plus: the weird new battle lines on warrantless surveillance, more CDC incompetence, Minneapolis on fire, and more…