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19 Dec 2023, 5:01 am by Eugene Volokh
[Defendant was "walking along the highway holding up signs to passing motorists stating 'PHUCK,' '#THIN BLUE,' and 'Slow Down Police Ahead.'"] State v. [read post]
15 Dec 2023, 4:15 pm by Reference Staff
We have some new eBooks available for remote access listed there as well.New Books on Social Justice(G)race Equity: Reimagining Equity in the Workplace (2022) by Michelle Majors.A Girl Stands at the Door: The Generation of Young Women Who Desegregated America’s Schools (2018) by Rachel Devlin (audio).An Indigenous Peoples’ History of the United States (2014) by Roxanne Dunbar-Ortiz.Banning Transgender Conversion Practices: A Legal and Policy Analysis (2022) by… [read post]
15 Dec 2023, 8:22 am by Jack Bogdanski
The rug down in Salem has a lot of room underneath it. [read post]
14 Dec 2023, 8:29 am by Eugene Volokh
As a result, the parties entered into an Agreed Order to Take Down Internet Posting Related to Kelly Hyman, Paul G. [read post]
13 Dec 2023, 1:05 pm by Eugene Volokh
Imagine that the government can identify those enterprises by tracking down shell companies that have engaged in certain behaviors—say, opening a new bank account within x hours of a robbery and making deposits into that account between one and y hours post-robbery and then never again. [read post]
13 Dec 2023, 6:12 am by Eugene Volokh
However, as discussed above, the Executive Defendants' directives and orders to the security team to "take down" Ina Steiner in order to stop EcommerceBytes' reporting on eBay establish plausible claims of liability under the MCRA. [read post]
12 Dec 2023, 10:47 pm by Eugene Volokh
(For another recent item from the two of them, see here ["Free speech doesn't mean hecklers get to shut down campus debate"].) [read post]
11 Dec 2023, 2:55 pm by Eugene Volokh
"We're not saying there was any sort of physical pinning-him-down type stuff, but when he says, 'Wait a minute, this is a bad idea. [read post]
10 Dec 2023, 5:16 pm by Josh Blackman
First, I think Eugene has accurately described First Amendment doctrine, as well as the analogous principles that private universities purport to follow. [read post]
10 Dec 2023, 9:00 am by Eugene Volokh
Having gone so far down the ideological path, these universities and these presidents cannot make the case clearly that at the center of a university is the free expression of ideas and that while harassment and intimidation would not be tolerated, offensive speech would and should be protected…. [read post]
9 Dec 2023, 2:52 pm by Eugene Volokh
" Similarly, this allegation, if accurate, would show serious and improper viewpoint-discriminatory enforcement of MIT's rules: I was forced to take down my Israeli flags and a poster that said "No Excuse for Hate" and "We Stand With Israel" in my office window after a new banner rule was created 6 days after I put my flags up. [read post]
7 Dec 2023, 4:08 pm by Eugene Volokh
"What it all comes down to is whether a restriction on freedom of speech is determined by us, or whether it is dictated from the outside. [read post]
7 Dec 2023, 2:57 pm by Eugene Volokh
" [D]efendant, in speaking with a woman who appeared to be of African descent and spoke with an accent, stated, "I want you to listen to me closely, I am personally, I am personally, coming to Uganda, and when I get down there, I'm going to assassinate all of the Parliament members. [read post]
7 Dec 2023, 8:53 am by Eugene Volokh
" For hours, members of Congress grilled the presidents of Harvard, the University of Pennsylvania, and the Massachusetts Institute of Technology on their responses to anti-Semitism on campus following Hamas' October 7 attack on Israel — and many observers noted the hypocrisy of leaders of institutions with checkered records on free expression suddenly claiming their institutional commitments to free speech prevented them from cracking down on anti-Semitic speech. [read post]
6 Dec 2023, 1:36 pm by Eugene Volokh
But lots of courts have struck down campus speech codes at public universities that purport to ban "harassment" (see some of the cases cited in this post). [read post]
4 Dec 2023, 5:01 am by Eugene Volokh
Her statement expresses anger or frustration that, in her view, Anderson "put down many young people for his rise" and "chose to endorse a white man over DPS candidate Jorge Hernandez Arjona because he didn't want his 'Youngest Black Elected Official' position being taken away from him. [read post]
2 Dec 2023, 2:29 pm by Eugene Volokh
"Courts have consistently struck down state laws which purport to regulate an area of traditional state competence, but in fact, affect foreign affairs. [read post]
27 Nov 2023, 8:55 am by Eugene Volokh
On Nov. 9, students held a protest on the USC campus as part of a worldwide "Shut it Down for Palestine" movement. [read post]
27 Nov 2023, 5:01 am by Eugene Volokh
But that risk of offense can't be enough to justify trying to shut down this sort of speech. [read post]