I’ve been hearing a lot about the latest phase of this controversy, but it’s still hard for me to figure out what is going on. A Maryland court has issued a “peace order” — basically, what most states call a restraining order — against blogger Aaron Walker, ordering him not to “harass” or contact Brett […]
Archive | Freedom of Speech
Flashing Headlights to Warn Oncoming Drivers of a Speed Trap = Constitutionally Protected Speech
So held a Florida trial court judge, and he wasn’t the first — I think I’ve seen this in a few cases, but the one for which I have a citation is State v. Walker, No. I-9507-03625 (Williamson Cty. (Tenn.) Cir. Ct. Nov. 13, 2003) Whether this is the right answer is not clear. It’s […]
Injunctions Against Speech That “Ha[s] a Substantial Adverse Effect … on … [a Person’s] Privacy”
I’m writing an article that indirectly touches on this question, and I thought I’d ask our readers for their take on it. I’d particularly like to hear from people who are knowledgeable about privacy law, and who (unlike me) support information privacy speech restrictions, such as the disclosure-of-private-facts tort. Minnesota has an interesting statute that […]
Crime to Call a Juror to Make Her Feel Sorry About Her Vote?
From State v. Baker (Iowa 2004): The parties stipulated to the facts underlying this appeal. Baker was charged with violating section 720.4 based on a telephone conversation Baker had with Debra Krause, who had recently served as a juror in a criminal proceeding against one Greg Schoo, a friend of Baker. On May 8, 2003, […]
The Confederate Flag, the First Amendment, and the ACLU
Apropos yesterday’s Confederate flag / First Amendment post, here’s a story from March: A Delaware Department of Transportation employee had, for 17 years, a decorative plate that said “REDNECK” on a Confederate flag background. A coworker complained, charging “harassment,” and the department threatened him with discipline “if he continued to drive his vehicle with the […]
L.A. Shopping Mall Bars Boxer Manny Pacquiao from Being Interviewed at Mall, Citing Pacquaio’s Anti-Gay Statements
The L.A. CBS station reports: Pacquiao was scheduled for an interview on Wednesday afternoon with Mario Lopez of TV’s “Extra” at The Grove in Los Angeles, but … Grove VP of corporate affairs Bill Reich … [issued a statement that] read, “Based on news reports of statements made by Mr. Pacquiao we have made it […]
Minister Prosecuted for Teaching Parishioners to Hit Children “on the Bare Buttocks with Wooden Dowels”
The Wisconsin State Journal reports: A Dane County judge on Thursday denied a motion to dismiss charges against a Black Earth pastor convicted of conspiracy to commit child abuse for advocating the use of wooden rods to spank children as young as 2 months old. Philip Caminiti, 55, pastor of the Aleitheia Bible Church, was […]
Iranian Cartoonist Sentenced to 25 Lashes for Cartoon of Member of Parliament
The Guardian (UK) reports (see also MSNBC Cartoon Blog and other sources): Mahmoud Shokraye was put on trial after an Iranian MP, Ahmad Lotfi Ashtiani, took offence to a cartoon he drew of the parliamentarian in Nameye Amir, a city newspaper in Arak, the capital of Iran’s central province of Markazi…. In the cartoon, Ashtiani […]
Orders Banning Speech That “Ha[s] a Substantial Adverse Effect … on the … Privacy of Another”
Minnesota law defines “harassment” to include, repeated incidents of intrusive or unwanted acts, words, or gestures that have a substantial adverse effect or are intended to have a substantial adverse effect on the safety, security, or privacy of another, regardless of the relationship between the actor and the intended target. If someone complains about “harassment,” […]
Crime to Say Two or More “Emotional[ly] Distress[ing]” Things About Someone, Unless They Constitute “Constitutionally Protected Activity”
Check out this 2009 D.C. law that purports to ban “stalking” (D.C. Code §§ 22-3132, -3133), and that provides, among other things: “Emotional distress” means significant mental suffering or distress that may, but does not necessarily, require medical or other professional treatment or counseling…. “To engage in a course of conduct” means directly or indirectly, […]
George Will on the People’s Rights Amendment
By Ilya Somin on May 5, 2012 5:46 pm in Constitutional Amendments, First Amendment, Fourth Amendment, Freedom of Speech
George Will recently published a good Washington Post column on the ill-conceived People’s Rights Amendment, which Eugene Volokh and I blogged about here and here. Will points out several serious flaws in the proposal, and builds on some of the points we made: Controversies can be wonderfully clarified when people follow the logic of illogical […]
What Has the Supreme Court Said About When Government Libraries May Remove Books?
My one disagreement with the Eighth Circuit’s decision in Turkish Coalition of America, Inc. v. Bruininks (8th Cir. May 3, 2012) has to do with the Circuit’s description of Board of Ed. v. Pico: TCA relies on [Pico], in which secondary school students challenged a school board’s removal of certain books from school libraries. In […]
Is a Facebook “Like” Not “Substantive” Enough to “Warrant[] Constitutional Protection”?
So holds Bland v. Roberts (E.D. Va. Apr. 24, 2012). Plaintiffs were fired from the Hampton, Virginia Sheriff’s Office, and they claim that this was because they backed the Sheriff’s opponent in an election, Jim Adams. In particular, two of the plaintiffs, Carter and McCoy, claim that they were fired for “liking” Adams’ page on […]
Elected Durham County D.A. Tracey Cline — Former Mike Nifong Deputy — Removed from Office for Accusations Against Judge
This happened last month, but I just learned of the case because the trial court decision was just posted on Westlaw; Cline is appealing the removal. The decision is here; a newspaper article on the subject is here; the statute authorizing the removal, N.C. Gen. Stats. § 7A-66(6), provides that a D.A. may be removed […]
The Potential Impact of the People’s Rights Amendment Goes Far Beyond Restricting Freedom of Speech
By Ilya Somin on April 26, 2012 10:22 pm in Constitutional Amendments, Constitutional Law, Constitutional Theory, Freedom of Speech, Restrictions on Campaign Contrbs. and Expenses
Co-blogger Eugene Volokh has an excellent post on how the proposed People’s Rights Amendment threatens freedom of speech. But it’s important to recognize that the proposal goes far beyond denying free speech rights to entities organized as corporations. It would deny them all other constitutional rights as well. Section 1 of the proposed amendment states […]