A commenter asked me this question. Here’s my answer (reading “constitutional way to address” as referring to the use of criminal or civil liability): It all depends on what is meant by “cyber-harassment.” If “harassment” is used to mean repeated unwanted one-to-one contact, I think the answer is generally yes, so long as the law […]
Archive | Freedom of Speech
No Viewpoint-Based Exclusions from Ostensibly Open Event on College Property
By Eugene Volokh on October 4, 2010 7:10 pm in Freedom of Speech, Freedom of Speech at Colleges and Universities
From Yates v. Fithian (W.D. Wash. Sept. 23, 2010): Plaintiffs allege in this action that defendants excluded them from the Bellevue College (“College”) gymnasium while a Maria Cantwell Campaign event was taking place. Plaintiff students claim that they were refused entry because they wore t-shirts bearing the name of Cantwell’s opponent [McGavick], and that as […]
Proposed “Cyber-Harassment” Bill in New Jersey
The Daily Record reports: Several days ago, three Ocean County legislators called for action on a bill introduced in both houses of the Legislature that would establish the crime of “cyber-harassment” in New Jersey. Assemblyman Brian E. Rumpf, Assemblywoman DiAnne C. Gove and Sen. Christopher J. Connors, all R-Ocean, would make any electronic communication that […]
Spanish Government Imposing 100,000-Euro Fine for Anti-Homosexuality Ads?
This apparently happened in July, but I only heard about it a few weeks ago. Here is part of a summary from an advocacy group, the European Centre for Law and Justice: Spain’s Ministry of Industry, the government department responsible for regulating telecommunications and audiovisual media, fined Intereconomía, a Christian-inspired multimedia communication group, which owns […]
But Is It Art?
St. Louis’s Comprehensive Sign Control Regulations regulate the display of “signs” — including on private property, and not limited to commercial ads — and define sign this way: “Sign” means any object or device or part thereof situated outdoors which is used to advertise, identify, display, direct or attract attention to an object, person, institution, […]
Is There a First Amendment Exception for (Most) Knowingly False Statements of Fact, or Instead Several Exceptions for Libel, Fraud, Perjury, and the Like?
By Eugene Volokh on September 28, 2010 3:46 pm in Freedom of Speech, Knowingly False Statements of Fact
I’ve blogged about this important but unresolved question before, and it has arisen as well with regard to the Stolen Valor Act. The Supreme Court’s recent United States v. Stevens decision may bear on this as well, to the extent that it suggests that the categorical exceptions are limited to those that have been historically […]
More on “Speech Hostile to Gays Constitutionally Unprotected, Speech Hostile to Whites Constitutionally Protected?”
By Eugene Volokh on September 28, 2010 2:37 pm in "Hate Speech", Freedom of Speech, Judicial Nominations
I blogged last week about this topic, and I thought I’d briefly follow up. To summarize: James E. Graves, Jr., a Mississippi Supreme Court Justice, has been nominated to serve on the U.S. Court of Appeals for the Fifth Circuit. The Senate Judiciary Committee will be considering his nomination at a hearing tomorrow, and I […]
“A Defense of Free Speech by American and Canadian Muslims”
By Eugene Volokh on September 28, 2010 1:53 pm in "Hate Speech", Blasphemy, Freedom of Speech, Religion and the Law
From The American Muslim: We, the undersigned, unconditionally condemn any intimidation or threats of violence directed against any individual or group exercising the rights of freedom of religion and speech; even when that speech may be perceived as hurtful or reprehensible. We are concerned and saddened by the recent wave of vitriolic anti-Muslim and anti-Islamic […]
Christian Missionaries Acquitted of Disturbing the Peace at Dearborn Arab Festival
The Detroit Free Press reports: A jury acquitted on Friday four Christian missionaries who were accused of inciting a crowd while videotaping themselves proselytizing to Muslims at the Dearborn Arab International Festival in June…. [The missionaries] were acquitted of breach of peace …. [One of the four] was found guilty of failure to obey a […]
Nebraska Supreme Court Decision on Offensive E-Mails
By Eugene Volokh on September 24, 2010 2:29 pm in Freedom of Speech, Freedom of Speech at Colleges and Universities
Here is an edited version of the opinion in the First Amendment / cyberspace law case that I briefed and argued, and that the Nebraska Supreme Court just decided today. It shouldn’t be terribly surprising or novel to those who know First Amendment law (though the Nebraska Court of Appeals decision that the Nebraska Supreme […]
Nebraska Supreme Court Reverses Disturbing-the-Peace Convictions for Sending Rude E-Mails to Professor Who Was Running for the Legislature
By Eugene Volokh on September 24, 2010 10:04 am in Freedom of Speech, Freedom of Speech at Colleges and Universities
This is the case that I briefed and argued last year (see here for my initial post about the petition for review to the Nebraska Supreme Court, and here for the various documents in the case, including the Nebraska Court of Appeals decision that had upheld the convictions). I’ll post more on the subject today, […]
Speech Hostile to Gays Constitutionally Unprotected, Speech Hostile to Whites Constitutionally Protected?
By Eugene Volokh on September 23, 2010 5:32 pm in "Hate Speech", Freedom of Speech, Judicial Nominations
James E. Graves, Jr., a Mississippi Supreme Court Justice, has been nominated to serve on the U.S. Court of Appeals for the Fifth Circuit. The Senate Judiciary Committee will be considering his nomination at a hearing next Wednesday, September 29. And while I know only one small corner of Justice Graves’ work, I hope the […]
First Amendment Law, in 3000 Words
My Encyclopædia Britannica entry on the First Amendment is now up; if you ever want a 3000-word summary of First Amendment law (both on the speech and the religion sides), check it out. Naturally, it’s oversimplified, and doesn’t cover all the details, but I hope it’s helpful. Many thanks to my over 40 volunteer 10-to-17-year-old […]
Blasphemy Arrests in England
News.com.au reports: British police have arrested six people on suspicion of inciting racial hatred over a YouTube video apparently showing them setting fire to copies of the Koran…. I realize this is from an Australian publication, but its motto is “FROM ALL ANGLES,” so I take it they see their job as covering England as […]
“Everybody Draw Mohammed Day” Author Goes Underground
Seattle Weekly, via Althouse: [O]n the insistence of top security specialists at the FBI, she is… moving, changing her name, and essentially wiping away her identity… in effect, being put into a witness-protection program—except, as she notes, without the government picking up the tab. It’s all because of the appalling fatwa issued against her this […]