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.
Harassment
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.
"Bullying and Harassing Behavior Are Prohibited on Social Media Platforms," Says Alaska Senate Bill
What counts as "bullying and harassing" behavior, you might ask? The bill doesn't say.
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."
