under California's "anti-SLAPP" statute (which allows for prompt dismissal of claims brought based on certain kinds of speech).
Is Restricting Pro-Israel-as-Jewish-Democracy Speech National Origin/Ethnicity Discrimination or Harassment?
Harvard concludes that it is, but I’m skeptical that this is right—just as I’d be skeptical that an employer’s restricting pro-Hamas speech constitutes such discrimination or harassment.
Court Reverses Personal Protective Order Issued Against "Distasteful and Provocative" Critic of Inkster City Attorney
Hustler Magazine v Falwell comes to small town politics.
Criticisms of Obamas (Including Racist Ones), Plus Other Speech, Didn't Qualify as Race-Based Workplace Harassment
So holds an Eleventh Circuit panel; Judge Andrew Brasher's concurring opinion that notes the potential First Amendment problems with imposing liability for such speech.
leads some readers to engage in "threats and harassment" against the business.
Race Discrimination/Harassment Lawsuit Against Seattle Related to Its "Race and Social Justice Initiative" …
can go forward, says a federal court.
An Oregon trial court allowed the case to go forward, but the Oregon Court of Appeals threw it out.
Ban on "Mentioning Child/Parental Alienation" and "Anything About" Ex, "Including But Not Limited to" …
"that which may be immediately or remotely interpreted as demeaning or belittling to him" struck down as unconstitutionally vague.
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.
First Amendment Challenge to Discipline of 8th-Grader for "Racially Insensitive" Instagram Post Can Go Forward
The student had “posted a screenshot of a friend with a cosmetic mud mask on her face with the caption ‘when he says he’s only into black girls’ on her Instagram account.”
Plaintiffs "Played Spanish Music at Home"; Neighbors "Complained to the Police"; Tort Litigation Ensued
No success for the plaintiffs, at least at this stage.
"If I disagreed or offered another opinion, I was told I had cognitive dissonance," Josh Diemert says.
"[H]ere Come Your Masser" Remark to Neighbor Leads to Anti-"Harassment" Order (on "Hate Speech" Theory) …
but the Michigan Court of Appeals reverses.
“Students ... remain free to express offensive and other unpopular viewpoints [at least outside school], but that does not include a license to disseminate severely harassing invective targeted at particular classmates in a manner that is readily and foreseeably transmissible to those students.”
Trial court: "I understand that you have a first amendment privilege, but sometimes the first amendment privilege contravenes certain statutes that are enacted by the State ...." Appellate court: That's "a misunderstanding of the relationship between statutes and constitutions."
So holds the Pennsylvania intermediate appellate court, rejecting a First Amendment defense.
Gov. Gavin Newsom signed a bill in September that will chip away at a policy that has long been criticized as enabling racially-motivated policing.
How, if at all, should we try to be nice in an inherently not-nice occupation?
My argument: "Petitioner Jane Doe—a frequent unsuccessful litigant—is asking this Court to impose unconstitutional prior restraint to prevent a law professor from writing about important, publicly available cases about pseudonymity."
Cloudflare's decision brings up fundamental questions about how internet infrastructure companies should operate.
Objective vs. Subjective Inquiry in Restraining Order Based on Divorcing Spouse's Allegedly Threatening Speech
Clearly hostile, but was it threatening?
The Eighth Circuit tries to rein in the criminalization of the intentional infliction of emotional distress tort.
Court Rules for Student Free Speech as to Off-Campus "Me and the Boys Bout to Exterminate the Jews" Post
“Defendants cannot claim a reasonable forecast of substantial disruption to regulate C.G.’s off-campus speech by simply invoking the words ‘harass’ and ‘hate’ when C.G.’s speech does not constitute harassment and its hateful nature is not regulable in this context.”
Plus a nice catalog of how high the bar can be for punishable threats under New York law.