Harassment
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."
Manchester Teen Faces Sex Offender Status for Touching 17-Year-Old on the Arm, Waist
"Touching someone's arm to get their attention, I would have thought was normal."
New York City Declares Using the Term 'Illegal Alien' Can Result in a $250,000 Fine
The Commission on Human Rights is likely running afoul of the First Amendment.
How I Was a Criminal Defendant in a N.J. Harassment Case
"Eugene Volokh told the police he refuses to leave me alone."
Florida Senate Member Gets Restraining Order Against Critic
Fortunately, the Florida Court of Appeal has just reversed.
Restraining Order Issued to Ban Unwanted Contact with Mayor by City Commission Candidate
... vacated by the Michigan Court of Appeals.
Texas Appellate Court Strikes Down Electronic Harassment Statute
The ban on online speech intended to and reasonably likely to (among other things) "annoy," the court says, is unconstitutionally vague and overbroad.
Facebook Posts Lewdly Insulting Elected Official Are Criminally Punishable (at Least If They Relate to a Private Dispute)
Such speech, whether about elected officials or others, is punishable, the court held, if it "[does] not express social or political beliefs or constitute legitimate conduct" and "could only serve to harass, annoy or alarm the complainant."
No "Tone-Policing," Says a Court
Sound words from a federal district court decision handed down last year.
Crime to Tweet About People Intending to "Abuse" Them?
That's the legal theory behind a case just filed by prosecutors in Ohio.
Can a Person Be Banned from Posting Anything About Someone Else, Because His Past Speech Supposedly Stems from a "Vendetta"?
Yes, said an Ohio Court of Appeals majority opinion, reasoning that the speaker's past speech "was not engaged in for a legitimate reason, but instead for an illegitimate reason born out of a vendetta seeking to cause mental distress to his mother and sister and to exact personal revenge." No, argue the EFF, Prof. Aaron Caplan, and I in a brief we've just filed with the Ohio Supreme Court.
"Cyberstalking" Ban Violates the First Amendment
So a federal district court in Washington just concluded, about a Washington statute that criminalized "anonymous or repeated" speech intended "to harass, ... torment, or embarrass."
Court Reverses Order That Barred Former Church Member from Saying Anything About Pastor
The order, entered under the Illinois Stalking No Contact Order Act, barred Chester Wilk from "communicating, publishing or communicating in any form any writing naming or regarding [Pastor Eric Flood], his family or any employee, staff or member of the congregation of South Park Church in Park Ridge."
Will Twitter Punish Users Who Tweet 'Learn to Code' at Laid-Off Journalists? Maybe.
"Twitter is responding to a targeted harassment campaign against specific individuals-a policy that's long been against the Twitter Rules."
The Media Wildly Mischaracterized That Video of Covington Catholic Students Confronting a Native American Veteran
Journalists who uncritically accepted Nathan Phillips' story got this completely wrong.