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]."
Harassment
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.
Delaware Court on the First Amendment Exception to "Speech Integral to Criminal Conduct"
"Some courts have incorrectly used this exception to rationalize upholding a statute that criminalizes speech ... simply because their legislature passed a law labeling it criminal. The limited line of United States Supreme Court cases that have addressed this exception in no way supports such a broad reading."
Call to "Update Free Speech Policies" to Address Supposed Hate Speech at Public University
I'm against it, whomever it's coming from.
"Black Lives Mat[t]er" + "Any Life" Drawing "Not Protected by the First Amendment" in First Grade
Such speech can be found to be "impermissible harassment," the court says, partly because "deference to schoolteachers is especially appropriate today, where, increasingly, what is harmful or innocent speech is in the eye of the beholder."
Judge Orders Person to Stop Campaign of Criticizing Teenager Who Had Posted a Racial Slur When a Sophomore
The Indiana Court of Appeals, though, reverses the order, concluding the judge wasn't allowed to issue such an order on his own initiative; it doesn't decide whether such an order would violate the First Amendment.
Posts About Child Abuse Investigator Weren't "Harassment" That Could Be Enjoined
Among other things, posts that "target the plaintiff's reputation and cause her emotional distress" aren't covered by the Massachusetts harassment prevention order statute.
News Website Publisher Gets Harassment Restraining Order Against Insistent Seeker of Coverage
The trial court found that "Decker continued contacting Siewert after she had asked him to stop five times" and "Decker's intent was to impose his will on Siewert to make her write about certain issues and to cover those issues in the way that he wanted them covered."
Tweet Accusing Man of Rape Led to Gag Order Against the Accuser
The trial judge concluded the Tweet was “harassment by defamation.”
Social Media Political Insults of Public Employee in Election Campaign Aren't Protected by the First Amendment
So a Minnesota Court of Appeals panel concluded this Summer, over a sharp dissent.
Getting Dartmouth to Revoke Plaintiff's Admission Wasn't Speech on Issue of Public Interest,
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.
Repent Your Unlicensed Contractor Sins!
Repeatedly saying so isn't harassment under Florida law, court says.
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.
Criticizing Business on TikTok Can't Lead to Anti-Harassment Order, Even When Criticism …
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.
School Board Members Use "Anti-Doxing" Law to Sue Critics for Publicizing the Members' Employers
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.”
