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The Latest Breaking News from Eugene Volokh

First Circuit Allows Police Officer Pseudonymity in Federal Lawsuit Over "Exculpatory Evidence List" Placement

I had asserted the contrary, arguing that the state allowance of pseudonymity in trying to get removal from the list didn't justify pseudonymity in a federal court lawsuit seeking damages for such placement; but the court disagreed.

Reason

Against One-Sided Pseudonymity in Sexual Assault Cases

I thought I'd pass along amicus brief that I submitted earlier this month in Doe v. Sidar, an appeal of a case where the District Court reconsidered its earlier position in favor of pseudonymity. Here's the Summary of Argument: In deciding this case, this Court ought to be attentive to…

Reason

The A.I. Defamation Cases Are Here: ChatGPT Sued for Spreading Misinformation

Plus: Age-verification laws threaten our First Amendment right to anonymity, New York bill would set minimum prices for nail services, and more...

Reason

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Trump wasn't put under a gag order, but he was told to watch his words

Gag orders ride a fine line between balancing the right to free speech and to a fair trial. They restrict what trial participants can and cannot say outside of court.

WEKU

"Large Libel Models" Lawsuits, the Aggregate Costs of Liability, and Possibilities for Changing Existing Law

Last week and this, I've been serializing my Large Libel Models? Liability for AI Output draft. For some earlier posts on this (including § 230, disclaimers, publication, and more), see here; one particular significant point is at Communications Can Be Defamatory Even If Readers Realize There's a Considerable Risk of…

Reason

All Porn Is 'Violence Against Women,' U.K. Parliamentary Committee Says

Plus: The SAFE TECH Act, Reason talks to young conservatives at CPAC, and more...

Reason

The SAFE TECH Act Is Anything but Safe

The latest bid to amend Section 230 would threaten free speech and creators' ability to monetize content while also subjecting tech companies to a flood of frivolous lawsuits.

Reason

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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.

Reason

Missouri Media Groups' Letter About Closure of Court Cases

From a letter (written by Mark Sableman of Thompson Coburn LLP), sent yesterday on behalf of the Missouri Broadcasters Association and Missouri Press Association to the Missouri Supreme Court, asking the court to create a rule "that governs the unusual circumstances when court hearings, files, or proceedings are closed to…

Reason

"Free Speech, Same-Sex Marriage, and Anti-Discrimination Laws"

A podcast conversation on 303 Creative between Joshua Matz and me, hosted by Jeffrey Rosen.

Reason

New York Forces Websites To Monitor 'Hateful' Speech. A New Lawsuit Says This Violates the First Amendment.

"The state of New York can't turn bloggers into Big Brother, but it's trying to do just that," said FIRE attorney Daniel Ortner.

Reason

Supreme Court Debates Whether Web Designers Can Be Forced To Make Gay Wedding Pages

A million hypotheticals bloom in arguments over when and where the government may compel speech.

Reason

Volokh v. N.Y. A.G.: "New York Can't Target Protected Online Speech by Calling It 'Hateful Conduct'"

From the Foundation for Individual Rights and Expression: Today, the Foundation for Individual Rights and Expression sued New York Attorney General Letitia James, challenging a new state law that forces websites and apps to address online speech that someone, somewhere finds humiliating or vilifying. The law is titled "Social media…

Reason

Ninth Circuit Reverses "Provisional" Sealing of Appellate Brief in Interesting Free Speech Case

Appellate briefs need to be treated as public documents, and (I argued) shouldn't be "provisionally" sealed for months or years without findings that such sealing (or, more often, redaction) is genuinely necessary.

Reason

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Reason

PayPal Says It Won't Fine Users $2,500 for Misinformation, but It Will Fine Them for 'Intolerance'

"Sounds like a good reason to think twice about using PayPal," writes Eugene Volokh.

Reason

The University of Idaho Tries To Force Faculty To Remain 'Neutral' on Abortion

The policy, released this week, places unconstitutional prohibitions on faculty speech.

Reason

Are Bumble Bees Fish? Are Fish Animals?

My eponymous co-blogger Eugene Volokh has called attention to a case that involves the question whether a bumble bee is a "fish" for purposes of a California statute. This kind of problem of surprising statutory scope comes up often (mischief rule to the rescue!). This particular case brought to mind…

Reason

Draft Motion to Get Access to an Interesting (but Sealed) Appellant's Brief in a First Amendment Case

Should an appellate court provisionally seal a brief until the case is heard on the merits? Or should it try to make a redacted version promptly available?

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Reason

Crafting Laws That Limit Private-Employer-Imposed Speech Restrictions

As I mentioned last week, ten years ago I wrote a descriptive and analytical law review article called Private Employees' Speech and Political Activity: Statutory Protection Against Employer Retaliation, which aimed to catalog these often-little-known statutes. This year, I'm returning to the subject, trying to analyze the strongest arguments for…

WEKU

A Florida license plate has reopened the debate over the 'Don't tread on me' flag

Gov. Ron DeSantis says a plate featuring the Revolutionary War-era Gadsden flag sends a "clear message to out-of-state cars." Others say the flag symbolizes a dangerous far-right extremist ideology.

Reason

No, 18 U.S.C. § 2071 Cannot Disqualify Trump From The Presidency

That statute disqualifies a person from "holding any office under the United States."

The Independent UK

Alex Jones’ $49.3M verdict and the future of misinformation

Infowars conspiracy theorist Alex Jones is facing a hefty price tag for his lies about the Sandy Hook Elementary School massacre — $49.3 million in damages and counting — for claiming the nation’s deadliest school shooting was a hoax

Reason

American Council of Education Claims Ending Racial Preferences in College Admissions Would Chill Speech

Do First Amendment claims about racial preferences hold water?

Reason

Should the Law Limit Private-Employer-Imposed Speech Restrictions? Some Other Reasons Why

As I mentioned yesterday, ten years ago I wrote a descriptive and analytical law review article called Private Employees' Speech and Political Activity: Statutory Protection Against Employer Retaliation, which aimed to catalog these often-little-known statutes. This year, I'm returning to the subject, trying to analyze the strongest arguments for and…

Reason

Should the Law Limit Private-Employer-Imposed Speech Restrictions?

The Constitution limits the government's—including government employers'—power to discriminate based on race, sex, or religion. A federal statute and statutes in nearly all states applies these norms to private employers as well. Many libertarians disapprove of any such restrictions on private employers; but for nearly 60 years, American law has…

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