I’ve just finished reading “The Great Dissent: How Oliver Wendell Holmes Changed His Mind–and Changed the History of Free Speech in America” by law professor Thomas Healy. The book has received sterling views, and happens to be directly related to something I’m writing about now, so I was looking forward to reading it. On the […]
Archive | Freedom of Speech
Fifth Circuit Rejects Canadian Libel Judgment Against Blogger
By Eugene Volokh on September 6, 2013 2:53 pm in Defamation, Foreign and Religious Law in American Courts, Freedom of Speech
The case is Trout Point Lodge, Ltd. v. Handshoe (5th Cir. Sept. 5, 2013), and it applies the SPEECH Act, a federal statute that, among other things, provides: Notwithstanding any other provision of Federal or State law, a domestic court shall not recognize or enforce a foreign judgment for defamation unless the domestic court determines […]
Missouri Considering Ban on Publishing Names of Gun Owners or Concealed Carry Permit Holders
Here’s one part of a Missouri bill that passed both houses of the legislature, that was vetoed by the Governor, and that is now up for a veto override vote: 1. [It shall be a misdemeanor for a] person or entity [to] publish the name, address, or other identifying information of any individual who owns […]
Former Solicitor General Seth Waxman to Participate in Elevator Repair Service Theater Benefit
By Nick Rosenkranz on September 5, 2013 12:26 am in Constitutional Law, First Amendment, Freedom of Speech
Last week, I posted about the excellent avant-garde theatre company Elevator Repair Service and the upcoming world-premiere of their new show, Arguendo, at the Public Theater in New York City. Arguendo is a dramatization of the oral argument of Barnes v. Glen Theatre, an important Supreme Court case about nude dancing and the First Amendment. […]
It’s Not Illegal to Sell Anti-NSA Shirts Bearing the NSA Logo
The Daily Dot reports that, an hour or two after a T-shirt designer put some shirts and bumper stickers with the above design on Zazzle, Zazzle e-mailed him saying the material was removed [UPDATE: CafePress, however, has the shirt available]: Unfortunately, it appears that your product, The NSA, contains content that is in conflict with […]
Ninth Circuit Upholds “Gay Conversion” Ban
By Dale Carpenter on August 29, 2013 5:15 pm in Constitutional Law, Freedom of Speech, Sexual Orientation
A unanimous panel of the Ninth Circuit has upheld California’s ban on efforts by licensed mental health professionals to change the sexual orientation of minors, a practice often called gay conversion therapy because it’s sought by parents anxious to make their gay kids straight. The opinion in Pickup v. Brown was written by Judge Susan Graber and […]
Elevator Repair Service Theater: Arguendo
By Nick Rosenkranz on August 27, 2013 8:05 pm in Constitutional Law, First Amendment, Freedom of Speech
Acclaimed avant-garde theatre company Elevator Repair Service (ERS) will soon present the world-premiere of their new show, Arguendo, at the Public Theater in New York City. Arguendo is a dramatization of the oral argument of Barnes v. Glen Theatre, an important Supreme Court case about nude dancing and the First Amendment. ERS has a following […]
New Mexico Photographer Loses Discrimination Case
By Dale Carpenter on August 22, 2013 5:16 pm in Constitutional Law, Freedom of Speech, Religion and the Law, Sexual Orientation
In Elane Photography v. Willock, the New Mexico state supreme court has decided to reject a professional photographer’s statutory and constitutional claims that she could not be required to photograph a lesbian couple’s commitment ceremony. Filed under a state law barring discrimination based on sexual orientation in “public accommodations” (which nowadays is often defined to include […]
SCIL Loses First Amendment Challenge to Bar Passage Disclosure Requirement
By Jonathan H. Adler on August 21, 2013 8:38 pm in Academia, Bar Exam, Freedom of Speech, Law Schools, Legal Profession
As I noted here, the Southern California Institute of Law sought to challenge a requirement that it disclose the bar passage rate of its graduates. The San Francisco Chronicle reports that the judge was not too impressed with this argument. SCIL’s attorney says the school may appeal. More from the WSJ Law Blog and ABA Journal.
£85,000 Fine for Stating That It’s Permissible to Kill Anyone Who Disrespects Mohammed
The PressGazette (UK) reports: Ofcom [the UK communications regulatory body] has fined an Islamic TV channel £85,000 after it broadcast statements saying it was acceptable to murder anyone who disrespects the Prophet Mohammed. The decision appears to be the one that starts on p. 18 of this document; Ofcom found that Noor violated the prohibition […]
No Injunction Against L.A. County Condom Requirement
Last fall, voters in Los Angeles County passed Measure B, the “Safer Sex In the Adult Film Industry Act.” This measure requires the use of condoms in adult films during sexual intercourse. Vivid Entertainment, Califa Productions and porn star Kayden Kross sued. Among other things, they argued that the requirement infringed upon their constitutional right […]
Should Senator Wyden Reveal Classified Information on the Senate Floor?
I’ve seen some chatter on the internet about the possibility of a member of Congress disclosing classified information. For example, the Hill discusses this Rolling Stone interview in which Senator Ron Wyden said that he considered (and apparently rejected) disclosing classified information about NSA activities on the floor of the Senate. How would this work? […]
California Law School Claims First Amendment Right Not to Report Bar Passage Rates
By Jonathan H. Adler on August 17, 2013 2:29 pm in Academia, Bar Exam, Freedom of Speech, Law Schools, Legal Profession
The WSJ Law Blog reports that the Southern California Institute of Law claims that it cannot be required to disclose the bar passage rate of its graduates as a condition of accreditation. Such a requirement, SCIL claims, runs afoul of the First Amendment. Southern California Institute of Law is suing bar association officials for requiring […]
Nice New Fair Use Decision
From Kiennitz v. Sconnie Nation LLC (W.D. Wis. Aug. 15, 2013): The Mifflin Street Block Party is an annual event that began in May 1969 as part of the student protest movement on the UW–Madison campus. At that time, Paul Soglin was a student protest leader at UW–Madison and a Madison alder. Soglin attended the […]
Riding a Bicycle Isn’t Protected Expression for First Amendment Purposes
From Damon v. Huckowicz (D. Mass. Aug. 9, 2013): Consistent with his view that bicyclists have the right to use public roads in the same manner as motorists, Plaintiff, since the Summer of 2005, often rode in the center of the travel lane. He also believes that this practice is often safer than riding closer […]