Harassment
Court Allows Breach of Contract Claim for Haverford's Allegedly Failing to Respond to Anti-Semitism Complaints—But Only for Nominal Damages
"So whatever hard to imagine rationalization Haverford might offer for obscuring the content of its actual bias policy—an artifice reminiscent of Dean Wormer's 'double secret probation'—I find the demarcation 'draft' to be of no legal import."
Cancellation Litigation + Doxing Claim, over Allegedly Malicious Publicizing of Snapchat Video with Allegedly Racist Statements
"[B]oth parties exchanged these Snapchat videos while they were intoxicated and their judgment was impaired. Notwithstanding, the communications were private and intended to be jokes between close friends."
New Orleans Mayor Wasn't Entitled to Restraining Order Against Woman Who Took Photos of Her in a Public Place
A temporary order had been issued, but the trial court refused to extend it into a permanent order, and awarded $15K in attorney fees; an appellate court has just upheld the trial court's final decision, and added $8K for appellate attorney fees.
Texas Harassment Conviction for Sending 34 Messages Over 15 Weeks to Ex-Therapist Violates First Amendment
So Texas's high court for criminal matters held yesterday.
Is It 'Harassment' To Heckle Your Local Politician? A British Court Thinks So.
Two protesters in Wales were convicted for handing out pamphlets and filming an argument with their member of Parliament.
Festivus + Jews + Kanye West + Litigation
"Unlike 'Festivus,' the fictional holiday created by Jewish artists, wherein 'worshippers' are permitted to air their personal grievances but once per year," "Ye adheres to an artistic vision in which he is unencumbered to share his grievances at any time of the year—and so he does."
Parent Submits Photo of School Postings to LibsOfTikTok, Gets Restricted from Accessing School Property or Events
A federal court, however, has now largely blocked this restriction; the court rejected the argument that the parent violated the school's "bullying" policy.
Utah Court Strikes Down Injunction Banning Speech "Annoy[ing] or Caus[ing] Distress" to Neighbor Running a Mental Health Residential Treatment Center,
but upholds limits on speech to plaintiff (or her visitors).
Georgia Antidoxing Bill Could Criminalize Everyday Criticism
The bill is a "law against criticism of any kind," according to a lawyer who testified against it.
More on Free Speech on Campus, Title VI, and Anti-Israel Speech
"[I]n seeking to hold Cooper Union liable for [students'] expression, [plaintiff] cannot help but say the quiet part loud: sweeping otherwise-protected political expression into the hostility analysis will create pressure on institutions 'to suppress speech to ensure compliance with Title VI,' causing 'regulated entities to adopt restrictive policies in an effort to avoid liability' for a hostile environment."
No Domestic Violence Restraining Order Based on Allegations of "Gaslighting"
"Lily accused Gunther of 'Gaslighting' (underscoring omitted) by denying he suffered from steroid-induced rages during their marriage and denying Lily's contributions to Gunther's career success."
"Title VI Must Be Applied Consistent with First Amendment Principles"
A federal district court discusses how the First Amendment limits liability for "hostile environment harassment" based on "speech on matters of public concern" in universities (public or private). And the reasoning may extend to Title VII liability on workplaces as well.
Mother Convicted of "Unlawful Posting of a Message" for Website Sharply Criticizing Woman Who Accused Mother's Son of Rape
The Michigan Court of Appeals just upheld the conviction, under a statute that requires showing of purpose to (among other things) "harass[]" or "molest[]," and reason to know that third parties would send the target unwanted and "harass[ing]" or "molest[ing]" messages. The statute doesn't require any showing that the accusations were false.
Federal Court Declines to Issue Harassment Restraining Order Related to Crypto Litigation
An interesting window into how courts sometimes think about such requests; this decision turned heavily on the fact that plaintiff had already gotten a state court harassment restraining order against the defendant.
Allegation: Carnegie Mellon Prof to Jewish Student: Time on Jewish-Related Project "Would Have Been Better Spent" Exploring "What Jews Do To Make Themselves Such a Hated Group"
A federal judge has allowed the (now-graduated) student's discrimination, harassment, retaliation, and breach of contract case to go forward.
After Plaintiff "Criticized the City Manager …, the Manager Complained About Him to the Police."
"Two officers convinced a prosecutor to charge Blackwell with stalking. But a judge acquitted him. Blackwell then sued the manager and officers for violating the First Amendment by inducing this prosecution in retaliation for his political speech."
Challengers Have Standing to Challenge Connecticut "Harassment" Ban for Lawyers
The Second Circuit holds that the challengers sufficiently alleged that the ban is broad enough to cover their constitutionally protected speech (including speech that may offend some based on gender identity, race, religion, and more); the court didn't reach the question whether the ban actually violates the First Amendment, which the trial court will now have to take up.
Court Order Requiring Removal of Reddit Criticism of Scientist/Consultant Vacated
Sarrita Adams, who was a prominent public critic of the English Lucy Letby murder trial, got that order almost four months ago.
Court Ordered Ex-Wife to Stop Publicly Disclosing Her Ex-Husband's Alleged Past Misdeed
But the Arizona Court of Appeals just reversed, concluding that speech about a person generally isn't "harassment," even if unwanted speech directed to the person may be.
No Civil Court Claim Over Publicizing Religious Court's Statement That Litigant Refuses to Appear in the Religious Court
Plaintiff had argued that defendants' publicizing the religious court's statement "serves as a form of social pressure, calling on the community to shun or ostracize the individual until they comply with the court's demands."
Criminal Conviction Based on "Only Women Can Be Mothers" and "'Transing' Kids Is Abuse and Homophobia" Signs, …
displayed on defendant's car and on her fence facing neighbors who have a transgender child; an appellate court reverses the conviction on procedural grounds, without resolving the First Amendment issue.
"Personal Protection Order" Statute May Be Unconstitutional to the Extent It Authorizes Ex Parte Orders That Restrict Speech
The court is discussing orders "enjoining protected speech or conduct ... without an adversarial hearing or adjudication on the merits that the speech or conduct is not protected."
Court Vacates "Stalking … Protective Order" Entered Against Critic of Elected Official
The official argued, among other things, that defendant's speech constituted "words of incitement" intended "to rile up the Black community to attack [her]."
Injunction Ordering Citizens Not to Mention Coroner in Online Posts (and Barring Them From Possessing Weapons)
An Ohio trial court issued the injunction, but the Ohio Court of Appeals has just set it aside.
Oklahoma S. Ct. Vacates Restraining Order Against Self-Described Pastor Who Was Sharply Condemning Pro-Gay-Equality Activists
The court concludes the pastor's posts were about the activists' organization (Oklahomans for Equality) and not about them personally; it thus avoided having to decide whether the First Amendment would have protected the speech if it was indeed about the activists personally.
Does the First Amendment Protect Speech on Private Property?
Yes, when the restriction is being imposed by the government.
My Identifying Would-Be Jane Doe Litigant in Law Review Article Wasn't "Harassment,"
notwithstanding the claim that it “invites worldwide haters to threaten, stalk, and commit violence against” her.
