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.
Harassment
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.
A White Employee Is Suing the City of Seattle for Alleged Racial Discrimination
"If I disagreed or offered another opinion, I was told I had cognitive dissonance," Josh Diemert says.
Throuple Trouble
Threats of suicide and of disclosing an ex's sexual orientation may count as threats for harassment purposes (for the non-polyamorous as much as for the polyamorous, of course).
"[H]ere Come Your Masser" Remark to Neighbor Leads to Anti-"Harassment" Order (on "Hate Speech" Theory) …
but the Michigan Court of Appeals reverses.
Ninth Circuit Upholds Expulsions for Off-Campus Abusive Speech That Targets Particular Students
“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.”
Illinois Appellate Court Overturns a Stop-Posting-About-Plaintiff Order
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."
Crime to Publicize Man's DUI (with Insults) as Part of "Feud," "Intended to Shame and Provoke"
So holds the Pennsylvania intermediate appellate court, rejecting a First Amendment defense.
Decriminalizing Jaywalking in California Will Help Reduce Police Harassment
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.
Kiwi Farms Is Back
The return of the trollish forum demonstrates the futility of bans on bad speech.
Writing About People Who Don't Want to Be Written About
How, if at all, should we try to be nice in an inherently not-nice occupation?
Court Refuses to Order Me to Remove References to Frequent Litigant from Law Review Article
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 Can Cancel Service to Terrible Websites Like Kiwi Farms. But Should It?
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?
Cyberstalking Conviction for E-Mails to Nebraska Legislature Candidate Reversed
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.”
Threatening to Disclose That Someone Had Been Molested Isn't Criminal Harassment (in N.Y.)
Plus a nice catalog of how high the bar can be for punishable threats under New York law.
No-Contact Order Against Law Students (and Professor) Based on Conversation About Homosexuality and Bible …
likely unconstitutional, holds a federal district court.
American U. Law Students Investigated for "Harassment" for Insulting Comments About Abortion in Group Chat
The complaining student alleged the students' remarks were "harassing and threatening" him because of his conservative "political affiliation" and his "religious beliefs."
Criminal Libel Law, Partly Coming Back in Washington State in Harassment Order Cases
When a judge hearing a protection order petition thinks the defendant is engaged in "harassment," which can include two or more statements the judge thinks is libelous, the judge can effectively criminalize future libels of the plaintiff by the defendant.
Contract Lawsuit Can Proceed, Over Private School Disciplining Student for Alleged Racial Epithet Use
The plaintiff alleged that the Wardlaw-Hartridge School had failed to comply with its own procedural rules in the Student-Parent Handbook.
Court Limits Ban on Speech That Causes "Substantial Emotional Distress" with "Intent to Harass or Intimdate"
The court concludes that the federal "cyberstalking" statute covers only speech intended to "put the victim in fear of death or bodily injury" or to "distress the victim by threatening, intimidating, or the like."
What are Georgetown Professors Forbidden to Say?
Under the reasoning of the Georgetown University Office of Institutional Diversity, Equity & Affirmative Action (IDEAA) report in the Ilya Shapiro matter, a wide range of public speech criticizing religions, political parties, veterans, etc. could be "prohibit[ed] harassment."
Court Upholds Denial of Restraining Order for "Online Rants That [We]re False" About Petitioner
The trial court reasoned: "You guys ... have a spat on Facebook.... Nobody cares about these s[p]ats. Just block them and move on."
Lawyer's Asking School Employee Whether She Had Ever Kissed a Woman Not Workplace Harassment,
when the lawyers are investigating allegations that the employee "had romantic or sexual feelings for one of the students she coached."
Continuing to Send Unwanted Political Mailings to a Business Isn't "Harassment" Under Minnesota Law
So holds the Eighth Circuit, even though a state trial court had indeed enjoined the Christian Action League's mailings under that law.
Lawyer Gets Harassment Restraining Order Against Ex-Clients Based on (Among Other Things) Online Criticism
No, says the Appeals Court of Massachusetts: "We take this opportunity to reiterate that, where a c. 258E order is sought on the basis of speech alone, the plaintiff must prove that the speech rose to the level of true threats or fighting words and not merely that it was 'harassing, intimidating, or abusive in the colloquial sense.'"
Police Officer Gets Critic Prosecuted for "Harassment," Based on Critical Online Posts
Now the critic's First Amendment lawsuit over this (and other matters) can go forward.
