Google Supreme Court Case Tests Whether Tech Firms Are Liable for User Content
Section 230 helped the internet flourish. Now its scope is under scrutiny.
Free Speech
Right of Access to Court Records Applies Even Absent Any Current "Substantial Public Interest in This Case"
"[P]ublic access is designed not only to allow the press and the public to follow high-profile cases, but also to permit ongoing and future access. Law students or legal scholars review case files for law review articles, attorneys review past cases when similar litigation arises, and litigation may be a source of information for policy-makers considering, for example, safety regulations or for journalists reporting more broadly on either the courts or the subject matter of particular litigation."
Public University Committee Members' Names Aren't Protected by the Right of Expressive Association
The University of Washington thus wasn't barred by the First Amendment from disclosing such names in response to a People for the Ethical Treatment of Animals public records request.
Plaintiffs "Played Spanish Music at Home"; Neighbors "Complained to the Police"; Tort Litigation Ensued
No success for the plaintiffs, at least at this stage.
District Court Halts New York Law Forcing Online Platforms To 'Respond' to 'Hateful' Speech
"Today's decision is a victory for the First Amendment that should be celebrated by everyone who hopes to see the internet continue as a place where even difficult and contentious issues can be debated and discussed freely," said one attorney.
Prof. Cynthia Estlund (NYU) in the Journal of Free Speech Law on "Can Employees Have Free Speech Rights …
... Without Due Process Rights (in the Private Sector Workplace)?"
Section 230 and the Curse of Politics
Gonzalez v. Google presents the Supreme Court’s first opportunity to weigh in on Section 230.
Lawmakers Use Kid Safety as Excuse To Violate Adults' Rights
Plus: New York "hate speech" law is likely unconstitutional, FTC Commissioner quits because of chair Lina Khan's antics, and more...
The Perils of Trying To Curtail Hazily Defined 'Disinformation'
A government-supported organization's controversial ratings of online news sources illustrate the challenge of deciding what qualifies as disinformation.
No First Amendment Protection for 12 Cypress Trees,
when plaintiff's "connection to his trees [was] rooted in a vague and indeterminate concept of spirituality, quantum physics, and cosmic mechanics."
U.S. State Department Funds a Disinformation Index That Warns Advertisers To Avoid Reason
Reason is listed among the "ten riskiest online news outlets" by a government-funded disinfo tracker.
Studies Find Conservatives More Committed to Free Speech Online, Federalism
Plus: Government regulation of speech is on trial, biohackers flock to experimental charter city in Honduras, and more…
Phoenix's Delegation to NFL of Power Over Signs Near Super Bowl Violated First Amendment, and
was an unconstitutional delegation of government power, an Arizona trial judge held.
Can the Feds Prosecute Douglass Mackey for His Twitter Trolling?
Because of a series of misleading memes, a troll has been charged with conspiracy "to injure, oppress, threaten and intimidate one or more persons in the free exercise and enjoyment of a right and privilege secured to them by the Constitution and laws of the United States."
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.
Federalist Society Panel on "Discussion, Coercion, and the Pursuit of Truth" at Law Schools
The panel was moderated by Fifth Circuit Judge James Ho, and included former Solicitor General Paul Clement, Prof. Renee Lettow Lerner, legal journalist David Lat, lawyer Jay Edelson, and me.
Illinois Appellate Court Reverses Conviction for Threatening a Judge
A defendant's telling his lawyer, "when I get out of here, I'm going to get that judge" and "I don't make threats[,] I make promises" isn't a true threat, the court holds.
In Britain, You Can Be Arrested for Silently Praying Outside an Abortion Clinic
"I pray wherever I go, inside my head, for the people around me," said one priest. "How can it be a crime for a priest to pray?"
Do Politicians Have a First Amendment Right To Lie to You?
Plus: Missouri's "Don't Say Gay" bill, exempting parents from income tax, and more...
Free Speech Group Calls Out 10 Censorship-Prone Colleges To Avoid
A rogues’ gallery of institutions that anybody with an independent mind should skip.
The New York Times Warns That Freedom of Speech 'Threatens Public Health' and 'Democracy Itself'
The paper is unfazed by First Amendment objections to the Biden administration's crusade against "misinformation" on social media.
Yes, You Have a First Amendment Right To Livestream Cops
Plus: Some State of the Union fact checking, a livestream discussion about gun rights and violence, and more...
House Oversight Committee Is Fighting Twitter Censorship the Wrong Way
Congress should set its sights on bad government actors who pressured social media companies.
Visitors Sue Over National Air & Space Museum's Alleged Demand That They Remove "Rosary Pro-Life" Hats
"We are a museum that promotes equality, and your hats do not promote equality.”
Libel Lawsuit (Related to Causing-Suicide Allegations) Between Two Trans Political Commentators,
"Defendant White would go on to accuse Ms. Erlick of sexually abusing and—most importantly, including by Defendant White’s own reckoning—causing the death of the person (Danie) who made the accusation."
A New Federal Bill Could Require You To Show Facebook and Twitter Your Government ID
The age verification proposal is a disaster for both children and adults.
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).