Spiegel Online reports: Hamburg judge Heinz Uthmann went even further. He alleges that the chancellor’s statement was nothing short of illegal, and filed a criminal complaint against Merkel midweek, the daily Hamburger Morgenpost reported Friday. “I am a law-abiding citizen and as a judge, sworn to justice and law,” the 54-year-old told the paper, adding […]
Archive | Freedom of Speech
Eighth Circuit Holds That Even Lies Are Constitutionally Protected, Unless They’re Fraudulent or Defamatory, or Unless the Restriction is “Narrowly Tailored to a Compelling State Interest”
The case is yesterday’s 281 Care Committee v. Arneson, which holds that a ban on recklessly or knowingly false statements about ballot initiatives is unconstitutional unless it can be shown to be “narrowly tailored to a compelling state interest” (what’s called the “strict scrutiny” test). The court remands to the district court, where presumably the […]
No First Amendment Violation in Maine Governor’s Ordering Removal of Mural from Government Building
So a federal district court concluded on Friday in Newton v. LePage (D. Me.): [E]lected state leaders … have the right to decide what to say and what not to say, and by extension during their term in office, they are authorized to decide what the state of Maine says or does not say about […]
All the News That’s Not Fit to Print, in China
The press guidance provided by China’s censors is so voluminous and detailed that leaked copies of the guidance are now available on a regular basis. China Digital Times publishes a weekly list of what China’s censors tell their journalists not to report or hype. It’s a remarkable glimpse into the dark soul of Chinese bureaucracy, […]
First (?) Court Decision Applying Federal Anti-Libel-Tourism SPEECH Act
The case is Pontigon v. Lord (Mo. Ct. App. Apr. 19, 2011). The factual background: The appellant, Ms. Lord, is an American citizen, resident of St. Charles County, Missouri, who was born in the Philippines. The respondent, Leodegaria Sanchez, is Ms. Lord’s cousin, and a resident of Ontario, Canada, who was likewise born in the […]
ACLU Fighting Attempts to Suppress Anti-Islam Speech
By Eugene Volokh on April 22, 2011 11:29 pm in "Hate Speech", Blasphemy, Freedom of Speech, Religion and the Law
By the way, I should stress — especially given the criticism that I’ve seen of the ACLU from some commenters — that ACLU chapters deserve praise for defending the anti-Islam speech in the two incidents I blogged about today: The blocking of Terry Jones’ planned demonstration outside a Dearborn, Michigan mosque, and the firing of […]
Koran-Burning New Jersey Transit Employee Gets Job Back + Back Pay + $25,000 Settlement
So reports the New York Daily News; for more on the story from when the transit worker was fired for burning pages from the Koran to protest a planned Islamic center near Ground Zero, see this post. The New York Daily News article reports that “The ACLU filed suit on Fenton’s behalf, and the deal […]
[UPDATED TITLE:] Terry Jones Jailed, Apparently for Refusing to Promise Not to Demonstrate in Front of a Mosque [STILL FURTHER UPDATE: Released From Jail, Ordered to Stay Away from Mosque]
By Eugene Volokh on April 22, 2011 7:19 pm in "Hate Speech", Blasphemy, Freedom of Speech, Religion and the Law
[Original title: Dearborn Jury Holds Terry Jones May Be Barred from Organizing Rally Outside Mosque.] So reports the Detroit Free Press: A Dearborn jury just sided with prosecutors, ruling that Terry Jones and Wayne Sapp would breach the peace if they rallied at the Islamic Center of America in Dearborn. Judge Mark Somers will now […]
Jury Trial Tomorrow About Whether Koran-Burning Pastor Has to Post a Bond for Security Costs Related to His Planned Rally
The Detroit Free-Press reports: Florida Pastor Terry Jones is expected to appear in court this morning for a jury trial that will determine whether he can hold a rally at the largest mosque in the city…. Jones appeared in court Thursday and refused to post a bond for the massive security effort Dearborn says it […]
Prosecutor Seeks Prior Restraint of Koran-Burning Pastor
Reuters reports: A Detroit prosecutor has filed a petition in district court to stop a Florida fundamentalist Christian preacher, who recently caused riots in Afghanistan after he burned a Koran, from holding a rally outside a large Michigan mosque. Wayne County Prosecutor Kym Worthy said the threat of violence was too great to allow Terry […]
Fraud, Interference with Government Functions, and Lies About Yourself (Including Your Military Decorations)
There’s a hot controversy about the constitutionality of the Stolen Valor Act, which bans lies about one’s own military decorations. I tentatively think such lies may be punished; my view is that there is a general “knowing lies” exception to the First Amendment, albeit with some exceptions-to-the-exception in situations where punishing the lies poses an […]
British Koran-Burning Prosecution Dropped, But Apparently Only Temporarily
The Daily Mail (U.K.) reports: A British National Party election candidate [Sion Owens] accused of publicly burning a copy of the Koran was freed today when the charge against him was unexpectedly dropped…. It is understood that his release was due to a technicality regarding the Act under which he was arrested and charged. An […]
“The Freedom … of the Press,” from 1791 to 1868 to Now — Freedom for the Press as an Industry, or the Press as a Technology?
I’m pleased to report that my article with this title will be published in several months in the University of Pennsylvania Law Review; for the latest version, please see here. There’s still plenty of time to make revisions, so I’d love to hear people’s comments and suggestions.
No First Amendment Violation When University Puts Web Sites on List of “Unreliable Websites” That Students Should Generally Avoid
Strikes me as exactly right. Interestingly, Bruce Fein, an oft-noted legal commentator, was lawyer for the plaintiffs. The case is Turkish Coalition of America v. Bruininks (D. Minn. Mar. 31): Plaintiffs Turkish Coalition of America (“TCA”) and Sinan Cingilli brought this action against The University of Minnesota and two University officials, [University President] Robert Bruininks […]
Criminal in Malaysia for Non-Muslims to Quote the Koran “for Ulterior Motives or to Question Islamic Practices”
So says a Malaysian Minister (that’s cabinet minister, not a church minister). The Star (Malaysia) reports: Action can be taken under the Penal Code against those who cite Quranic verses with the ulterior motive of causing hatred or ill-will, Minister in the Prime Minister’s Department Datuk Seri Jamil Khir Baharom said. He added that while […]