Court Ordered Critic of Ex-Mayoral Candidate to Stop "Publicly Writing, Printing, or Speaking [Ex-Candidate's] Name"
Fortunately, an appellate court just reversed the decision.
Harassment
Carnegie Mellon Must Provide Discovery About Relationship with Qatar, in Ex-Student's Lawsuit Alleging Anti-Semitism
The student was explaining the concept of an eruv, a feature of certain Jewish neighborhoods, in class to an architecture professor, who allegedly said the time the student had spent on project "would have been better spent if [Ms. Canaan] had instead explored 'what Jews do to make themselves such a hated group.'" …
San Jose City Council Member's Request for Restraining Order Against Critic Denied on Appeal
But Council Member Peter Ortiz had gotten a temporary order that was in effect for nearly four months; the underlying disputed stemmed from a controversy related to a "Drag Queen story time."
Second Circuit Allows Claim That "Implicit Bias Trainings" Constituted Racial Harassment
The court concluded that the plaintiff, a former New York City educator and administrator, presented enough of a case to go to the jury.
Plaintiff Must "Reconcile Herself to the Fact That Litigation Is Often Accompanied by Public Attention and Scrutiny"
"Outside of certain narrow and presently inapplicable circumstances, federal lawsuits are public proceedings and members of the public are free to comment on them."
Woman Repeatedly Badmouthed Ex-Lover, Ordered Not to Say Anything Online About Him, Lost Gun Rights
She had admitted that some (though not all) of the speech was false, but the injunction (entered in a restraining order case, not following a full defamation trial) extends to all speech, not just falsehoods: "Even speech otherwise protected by the First Amendment may be enjoined if it disturbs the petitioning party's peace."
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.
