Harassment
Nebraska Town Sues Resident to Stop Sending Officials Letters, Ends Up Paying Him $16,000
"[N]early every public official draws the attention of critics and cranks who have opinions they insist on sharing.... But rather than accept that as one of the privileges of public service, the defendants decided to pursue a lawsuit that asked a state court to impose a prior restraint on the plaintiff's speech."
Crime to Sexually Proposition, Knowing It's Likely to Annoy, Offend, or Alarm
That's the law in Delaware, it turns out.
"Yes, This Is a Witch-Hunt: A University's Office for Access and Equity Launches a Full-Scale Persecution Campaign"
From leading liberal constitutional law professor Andrew Koppelman (Northwestern), in the Chronicle of Higher Education.
Realtors Group Hearing "Hate Speech" "Ethics Complaint" Against Pastor-Realtor …
for saying "LGBTQ+" "Pride" message is "against our biblical doctrine."
Ex-Wife Criminally Punished for Talking to Newspaper About Her Police Sergeant Ex-Husband
The court concluded that the conversation violated a previous order barring the ex-wife "from making any other public allegations against the Petitioner, Joe Stark, on social media (on any platform) or to his employer which may affect Petitioner's reputation or employment."
"[No] Posting Anything Further About [Plaintiff]"—You're "Planting Bad Thoughts in People's Heads"
That was the justification for a trial court order, which the North Carolina Court of Appeals has just reversed.
D.C. High Court Opines on Injunctions Against Speech About People
The decision raises more questions than it answers, but it does note that there is no general First Amendment exception for speech about "matters of private concern" (i.e., daily life matters unrelated to bigger ideological questions).
Wash. Court Reverses Order Banning "Defamatory and Harassing" Posts About Judge and Court Employees
It's an unconstitutional prior restraint, the court holds.
Univ. of San Diego Law School Investigating Professor for Post Critical of China
In context, it seems clear that the post's reference to "Chinese" is indeed a reference to the Chinese government, not to people of Chinese extraction.
Overbroad Injunctions Against Speech
Why Are Some Courts Issuing Overbroad Injunctions Against Speech? Part 2, Judges as Flexible Problem-Solvers
Some speculation from my forthcoming article.
Overbroad Injunctions Against Speech
Why Are Some Courts Issuing Overbroad Injunctions Against Speech? Part 1, Absence of Intermediaries
Some speculation from my forthcoming article.
Overbroad Injunctions Against Speech
Overbroad Injunctions Against Speech: Narrower but Still Overbroad
I’m continuing to serialize a new law review article draft of mine.
Overbroad Injunctions Against Speech
Overbroad Injunctions Against Speech: "Stop Talking About Plaintiff" Injunctions
I’m continuing to serialize a new law review article draft of mine.
Overbroad Injunctions Against Speech
Overbroad Injunctions Against Speech (Especially in Libel and Harassment Cases)
I’m serializing a new law review article draft of mine.
City Council Member's Harassment Restraining Order Against Critics Reversed
Carlsbad City Council member Cori Schumacher had claimed the critics’ speech was threatening; no, the judge eventually held: "Simply calling these posts threats is not enough."
Online Criticism of Retirement Community + Picketing Lead to Ohio Criminal "Harassment" Prosecution
We’ve filed an amicus brief supporting a motion to dismiss the charges.
Posting Public Records Can't Justify Anti-Harassment Order
So holds the Washington Court of Appeals.
Gun Restrictions as Analogy for Justifying Speech Restrictions
"The state may restrict a convicted felon's right ... to possess a firearm," so a state may order a civil case defendant to stop saying things online about plaintiff that "severe[ly] emotional distress" that plaintiff.
Police Chief Gets Restraining Order Barring "Cop Watcher" from Publicly Videorecording Her
But the Oregon Court of Appeals rightly reverses.
Minnesota Order Banning "False or Defamatory Statements" Limited to Knowingly False And Defamatory Statements
So says the Minnesota Court of Appeals, as to a "harassment restraining order."
Mother's "Islamophobic" Remarks About School Board Member Yield Ban from School District Property
(at least unless she gets case-by-case permission to enter that property). But a federal district judge has correctly held that this likely violated the First Amendment.
Defendant Ordered "Not to Post Pictures or Comments About" the Administrator of Nursing Home Where Defendant's Mother Lives
Unconstitutional, says a Massachusetts appellate court (correctly).
Criticisms of People That Might Create a Risk of Attack by Third Parties
They are still protected by the First Amendment.
Court Rejects Lawsuit for Sending Gruesome Photos to NRA Lobbyist's E-Mail Address
The Eleventh Circuit threw out a lawsuit brought by former NRA President Marion Hammer.
Alleged Rapist's Wife Gets Anti-Stalking Order Against Husband of Alleged Victim
The Vermont Supreme Court reversed the order (which had required defendant to stay 300 feet away from the plaintiff).
Ex-Wife Prosecuted for Violating Order That She "Shall Not Post Anything" About Ex-Husband
But the judge threw out the prosecution, on the ground that the order violated the First Amendment.
Harassing E-Mail to Sen. McConnell Can't Be Punished as "Speech Integral to Criminal Conduct"
"The First Amendment limits Congress; Congress does not limit the First Amendment."
Florida Judges Split on Injunction Against Critic of State Senator
"Publicly expressing anger toward an elected official is not a basis for entry of an injunction. In public debate, elected officials must tolerate insulting remarks—even angry, outrageous speech—to provide breathing room for the First Amendment."
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."
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 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.
Five Years in Prison for Posting Facebook Videos Accusing Pastor of Sexual Misconduct
The Mississippi Court of Appeals just overturned the conviction, and struck down the underlying statute, which banned posting messages "whether truthful or untruthful" "for the purpose of causing injury to any person."
Comedian Ordered Not to Post Anything "That Would Suggest to Prospective Employers That They Should Not Hire … or Book" Her Comedian Ex
The California Court of Appeal reversed, in an interesting case about allegations of physical abuse—and claims that the allegations were themselves a form of "abuse."