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6 Jun 2018, 5:02 am
Criminal libel prosecutions are rare in the U.S., but not unheard of—I'm gathering data on them now, but so far it appears that they happen about 10 to 20 times per year, and often lead to convictions. [read post]
6 Aug 2018, 5:53 am
There is no First Amendment exception for “hate speech,” and the government can’t specially target racist or religiously bigoted speech -- but some Connecticut prosecutors seem not to know that.A lot happens in trial courts, experienced lawyers know, that doesn't quite match the law on the books. [read post]
7 Apr 2018, 10:46 am
[1.] [read post]
20 Jul 2018, 2:04 pm
The Justice Department reports on this indictment: A Wichita lawyer and a computer software engineer were charged [Tuesday] in a federal indictment alleging they were responsible for cyberattacks on web sites that posted information critical of the lawyer's work, U.S. [read post]
21 Sep 2018, 11:21 am
A woman's case against the defendants who arranged the prosecution (a police department captain, who was her ex-husband and the target of her speech, and his friend who was a police investigator) can go forward.From yesterday's decision in King v. [read post]
9 May 2018, 4:52 pm
Washington law provides, A person is guilty of intimidating a public servant [a felony] if, by use of a threat, he or she attempts to influence a public servant's vote, opinion, decision, or other official action as a public servant. [read post]
4 Jun 2018, 1:25 pm
The main question raised in Masterpiece Cakeshop had to do with the Free Speech Clause, and the prohibition on "compelled speech": Would requiring a baker to make a wedding cake for a same-sex wedding (even one without specific wording or symbolism, such as a rainbow design) be compelling the baker to engage in speech, and thus violate the First Amendment? [read post]
9 May 2018, 2:11 pm
From Trump Village Section 4, Inc. v. [read post]
14 Sep 2018, 11:49 am
The Office for Civil Rights decision is in some ways opaque and equivocal, but the message to universities seems pretty powerful -- such decisions about enforcing Title VI of the Civil Rights of Act may turn on whether the university tolerates certain criticisms of Israel that OCR has now labeled "anti-Semitic. [read post]
[Eugene Volokh] Can Repeated Speech Be Criminalized Just Because It's Intended to "Seriously Annoy"?
19 Dec 2017, 8:10 am
I'm delighted to report that the New Jersey Supreme Court just handed down State v. [read post]
1 Mar 2018, 9:51 am
The AP reports: Le Pen's December 2015 tweets showed executions by IS extremists, including the killing of American reporter James Foley. [read post]
18 Jan 2018, 5:32 am
From yesterday's Florida Court of Appeal decision in Pickett v. [read post]
14 Sep 2018, 10:02 am
Oregon law apparently doesn't ban public urination -- but it does ban littering, especially when it "create[s] an objectionable stench. [read post]
8 Jun 2018, 4:07 pm
Charges have been dropped in that case I blogged about Wednesday, reports Sea Coast Online (Alex LaCasse): Citing a review by the New Hampshire attorney general's office, Exeter police dropped the criminal defamation charge against Robert Frese for online comments he made accusing the police chief of "covering up for a dirty cop. [read post]
22 Mar 2018, 9:28 am
KXLY-TV (Hawk Hammer) reports that various groups have written to the City of Spokane Valley expressing concern about a rally led by one Joey Gibson, a Senate candidate, which will be held Sunday at a city-owned event center: Joey Gibson's organization, Patriot Prayer, is a far-right fringe organization mostly known for fights at its rallies.... [read post]
2 Nov 2018, 10:48 am
Arkansas Supreme Court Justice Courtney Goodson was trying to block ads that criticized her and allegedly defamed her.The background, from Judge Brian S. [read post]
10 Oct 2018, 7:32 pm
Tom Woerner (Dunn, N.C. [read post]
31 Oct 2018, 9:39 am
Their having dated in law school was well-known, but the proposal was not.Nina Totenberg (NPR) reports, based on a discovery by Evan Thomas, whose biography of Justice O'Connor (First) is set to be published in March 2019. [read post]
27 Apr 2018, 5:06 am
In this post, I'm continuing my series on "Freedom for the Press as an Industry, or for the Press as a Technology? [read post]
14 Jun 2018, 7:14 am
In Minnesota Voters Alliance v. [read post]
