The Volokh Conspiracy

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Free Speech

Free Speech and "Harassment Restraining Orders"

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I was on the California Appellate Law Podcast discussing this, though my analysis isn't limited to California. An excerpt from the podcast summary:

Prof. Eugene Volokh joined us to discuss restraining orders, how many of them violate the First Amendment as unlawful prior restraints, and how you can spot the First Amendment problems. The purpose of a restraining orders is to get a person to stop harassing you, but "harassment" can be a pretty vague term—and the same goes for "bullying," "cyberbullying," "hate speech," etc.—especially when no physical violence threatened or happening. The result is that many restraining orders not only prevent the subject from speaking TO the plaintiff, but from speaking ABOUT the plaintiff, and last INDEFINITELY….

[Some] items discussed in the episode: