- Boilermaker union president resorts to litigation against satirical site [Levy; another case on demands for disclosure of anonymous commenters] More on ghastly NY bill to strip protection from anonymous online speech [David Kravets/Wired, Daily Caller, my take]
- Defending people like Aaron Worthing and Patterico shouldn’t be a left-right matter [Popehat, Tapscott/Examiner, earlier] Maryland and indeed all states need stronger statutory protection against vexatious litigants [Ace of Spades] And as a longtime Charles Schwab customer I was at first distressed to find the Schwab Charitable Fund on this list, but since the fund is billed as “donor-advised” I take it some Schwab customer rather than the company itself got to choose the beneficiary;
- “Indonesia Prosecution for Posting ‘God Doesn’t Exist’ on Facebook” [Volokh] Curious to see an argument for Euro-style hate speech laws appearing on the Liberty and Law site [David Conway]
- “Cyberbullying and Bullying Used As Pretexts for Censorship” [Bader]
- “EEOC: Wearing Confederate Flag T-Shirts May Be ‘Hostile Work Environment Harassment’” [Volokh, more, Bader]
- Video on new freedom of assembly book [FedSoc]
- Maybe Citizens United turned out so badly for the speech-suppressive side because a government lawyer was imprudently candid before the Court [Jacob Sullum, earlier on Toobin New Yorker piece]
Tagged as:
bullying,
campaign regulation,
EEOC,
hate speech,
hostile environment,
libel slander and defamation,
Maryland,
online speech,
serial litigants
More than two dozen members of the New York state assembly, including nearly half its GOP members, have signed on to a flagrantly unconstitutional bill that would empower complainants to force the takedown of anonymous online speech by claiming to have been victimized by it. To avoid takedown, the website sponsor would have to disclose information about the authorship of the supposedly offensive post including the writer’s name and home address. Eugene Volokh:
Nor would this be limited to comments that allegedly libel someone, or even insult someone (though that would be bad enough), despite all the talk of preventing cyber-bullying by the bill’s backers. Rather, the law would apply any time anyone makes a “request” that a comment be removed, even if the comment doesn’t mention anyone by name but is simply religiously or politically offensive to the “request[er].” The same would apply to anonymous material added to Wikipedia, if Wikipedia were found to be subject to New York jurisdiction, anonymous videos posted to YouTube, and so on.
The sponsors of the bill claim that it is part of a legislative effort against “cyber-bullying.” Scott Greenfield’s post has the best headline: “New York to Publius: You’re Done, Bully-Boy.” Related on “cyber-bullying” here (& welcome Above the Law readers).
Tagged as:
bullying,
New York state,
online speech
- “People’s Rights Amendment” paves way for government control of media and trampling of many other rights. Is your Rep a sponsor? [Volokh, more, Somin]
- Indian skeptic charged with blasphemy for revealing secret behind “miracle” of weeping cross [Doctorow] “Arab world’s most famous comedian” jailed in Egypt on charges of “insulting Islam” [Volokh]
- “Is the Real Intent of Cyber-Bullying Laws to Eliminate Criticism of Politicians?” [Coyote]
- Timothy Kincaid: why I oppose the California “don’t say ex-gay” therapy-ban bill [BTB]
- More on unreasonable IRS demands of tea party groups seeking nonprofit status [Stoll, Anne Sorock/Bill Jacobson, Houston Chronicle, earlier]
- Denmark Supreme Court, 7-0, strikes down conviction of Lars Hedegaard for criticizing Islam in own home [Mark Steyn] Institute of Public Affairs launches campaign to defend free speech in Australia [Andrew Bolt case earlier] Free speech in Britain looking the worse for wear [Cooke, NRO] Belgian court throws out lawsuit seeking ban on allegedly racist “Tintin” comic book [Volokh] Group files criminal complaint against Swiss magazine over cover story on Roma crime [Spiegel]
Tagged as:
Australia,
Belgium,
bullying,
Denmark,
free speech,
hate speech,
India,
Switzerland,
United Kingdom
- In time for Easter: egg prices soar in Europe under new hen-caging rules [AP]
- For third time, the Environmental Protection Agency backtracks on claims of harm from gas “fracking” [Adler; U. Texas study on drinking water safety, CBS Dallas] Yes, there’s a plaintiff’s lawyer angle [David Oliver] Don Elliott, former EPA general counsel, on why his old agency needs cutting [Atlantic] Blow out your candles, coal industry, and so good-bye [Pat Michaels/Cato, Shikha Dalmia]
- Following the mad logic wherever it leads: “State Legislators Propose Mandatory Drug Testing of Judges and Other State Officials” [ABA Journal]
- Proposal: henceforth no law may run to greater length than Rep. Conyers’s copy of Playboy [Mark Steyn]
- Creative American lawyers: “Carnival cruise ship briefly seized in Texas” [AP]
- “Overlawyered” is the title of a new commentary in The New Yorker, not related to a certain website [Kelefa Sanneh]
- Repressive Connecticut “cyber-harassment” bill [Volokh, Greenfield, Popehat] And now, not to be outdone, Arizona… [Volokh]
Tagged as:
agriculture and farming,
animal rights,
Arizona,
bullying,
Connecticut,
cruise ships,
Environmental Protection Agency,
harassment law,
illegal drugs,
oil industry
Prof. Lyrissa Lidsky at Prawfsblawg, in contrast to some other academics, agrees that the First Amendment needs to be taken seriously in considering proposals for “criminalizing ‘adolescent cruelty.’” Scott Greenfield is not reassured.
Tagged as:
bullying,
First Amendment
Assuming the Rutgers roommate/consummate jerk should be facing criminal charges in the aftermath of Tyler Clementi’s suicide — a big if — it shouldn’t be over purported “bias intimidation,” argues Jacob Sullum [Reason, more; Jersey Conservative] Earlier on the Clementi case here, here, and here. And a Boston case has prompted questions about the reach of hate-crime law: “Are Lesbian Gay-Bashers Guilty of a Hate Crime?” [Atlantic Wire]
Related: At Psychology Today, Israel (Izzy) Kalman writes a blog critical of the rise of the “anti-bullying industry” and attendant efforts to criminalize for the first time many personal interactions both verbal and behavioral.
Tagged as:
bullying,
colleges and universities,
hate crimes,
New Jersey
- Latest of periodic Towers Watson (formerly Towers Perrin/Tillinghast) surveys: tort costs fell in 2010 excluding oil spill liability [Towers Watson]
- “Will Newt Neuter the Courts?” [James Huffman, Defining Ideas] Obama’s high court appointees are fortunately friendlier toward civil liberties than he is [Steve Chapman]
- Unanimous Cal Supremes: companies not legally responsible for other companies’ asbestos products used as replacement for theirs [Cal Biz Lit, Jackson, Beck, Mass Tort Prof]
- Claim: jurors considered policy implications of verdict and you can’t have that [On Point; defense verdict in Baltimore, Maryland school-bullying case]
- Airfare display mandate: “‘Protecting’ Consumers from the Truth About the Cost of Government” [Thom Lambert, TotM]
- Critical assessment of AP-backed new copyright aggregator “NewsRight” [Mike Masnick] Promises not to be “Righthaven 2.0″ [Cit Media Law]
- Restatement (Third) of Torts drafters vs. Enlightenment scientific views of causation [David Oliver in June]
Tagged as:
airlines,
asbestos,
Baltimore,
Barack Obama,
bullying,
California,
deep pocket,
juries,
Newt Gingrich,
RightHaven,
taxes,
Tillinghast,
toxic torts
No wonder a Long Island University professor thinks so: the Christmas ditty spins a grim account of name-calling and game-exclusion and then gives it all an inappropriately “happy” conclusion, thus distracting us from the need for massive therapeutic and social intervention. [KDKA](& Althouse)
P.S. And let’s not even get into “Baby It’s Cold Outside,” “known as the Christmas Date Rape Song” [Ann Althouse]
Tagged as:
bullying,
Christmas and other holidays
- “Stamp Out Online Misogyny?” [Wendy Kaminer, Brendan O'Neill]
- Jacob Mchangama of Danish think tank CEPOS on blasphemy laws and Islam-critical speech [Nov. 4 FedSoc., PDF]
- Niall Ferguson to sue LRB scribe? “If he won’t apologise for calling me a racist, I will persecute him until he does” [Guardian; more, Atlantic Wire] New York judge quashes subpoena seeking to identify anonymous bloggers in rabbi-defamation suit [Paul Alan Levy]
- “If bullying has gone down, how can it be a pandemic?” By broadening its definition to include such behaviors as “eye-rolling” and pointed non-invitation [Hans Bader/Examiner, Neal McCluskey/Cato]
- “I strongly recommend an umbrella policy for all bloggers. Defending myself cost nearly $100,000, thankfully paid by insurance.” [@DianaHsieh]
- Federal crime under CFAA to lie on the internet? [Kerr, more, yet more, Balko]
- “Will Canada Repeal its Hate Speech Law?” [Peter Worthington, Frum Forum]
Tagged as:
bullying,
free speech,
free speech in Canada,
hate speech,
libel slander and defamation,
online speech
- Ohio vote looms on Wisconsin-style public labor reform [NRO Corner, Columbus Dispatch, Atlantic Wire, Buckeye Institute "S.B. 5", Brian Bolduc/NRO]
- Florida lawmaker proposes leave for some employees with domestically abused pets [Eric Meyer]
- UK proposal: let employers have frank talks with underperforming workers without fear of liability [Telegraph]
- “Wisconsin legislation could restrict punitive damages for job bias” [AP]
- No, your mover can’t enter the building: a Chicago lawyer encounters union power [Howard Foster, Frum Forum] An insider’s game: “Two teachers union lobbyists teach for a day to qualify for hefty pensions” [Chicago Tribune]
- Alternatively, we might just want to go back to freedom of contract: “An employer’s bill of rights” [Hyman]
- Michael Fox on “Healthy Workplace Act” proposal creating rights to sue over on-job bullying [Jottings]
- Feds put employer use of “independent contractors” under microscope [Omega HR] FLSA risks to employer of using unpaid interns [SmartHR]
- A bit of health care deregulation from Obama [Tyler Cowen] Related on nurse practitioners: [Goodman]
Tagged as:
bullying,
Chicago,
labor unions,
wage and hour suits,
Wisconsin,
workplace
- Oh, American Academy of Pediatrics, why are you so consistently wrong? On videogames, on food-ad bans, on guns, CPSIA…
- New book by Annette Fuentes, Lockdown High: When the Schoolhouse Becomes a Jailhouse [John Harris, Guardian]
- There are genuine problems with some countries’ international adoption practices, but should UNICEF really be pushing toward a “leave the kids in orphanages” alternative? [Nick Gillespie on Reason documentary to be released tomorrow]
- At expense of both federalism and religious accommodation, bill entitled “Every Child Deserves a Family Act” (ECDFA) would impose anti-bias rules on state adoption and foster care programs [Washington Blade]
- Cash-for-kids Pennsylvania judge: “Former Luzerne judge Conahan sentenced to 17.5 years” [Times-Tribune, our earlier coverage]
- “Met a guy who works at my old summer camp. Bunks still do raids on other bunks, but their counselors have to file raid forms first. How sad.” [@adamlisberg]
- Sex offender registry horror story #14,283 [Skenazy]
- “Safety rules rob pupils of hands-on science, say MPs” [Independent, U.K.]
- Gee, who could’ve predicted that? NJ’s aggressive “anti-bullying” law leads to new problems [NYT, Greenfield, PoL, NJLRA] Rapid growth in bullying law assisted by push from Obama administration [WSJ Law Blog, Kenneth Marcus/Federalist Society, Bader]
Tagged as:
bullying,
child protection,
CPSIA,
family law,
guns,
recreation,
science and scientists,
United Nations,
zero tolerance
Not long ago advocates were promoting the South Hadley, Mass. school-suicide case as a chance to break new ground in sending teens to prison for verbal bullying, but now the cases have eventuated in probation, perhaps assisted by journalistic efforts that showed the events rather more complicated than first presented in the press [Boston Globe]
Tagged as:
bullying
- Time to put teeth back into sanctions: more on reintroduction in Congress of LARA, the Lawsuit Abuse Reduction Act [Wajert, Wood, more, earlier]
- RFK-Jr.-&-friends watch: Environmentalists wrangle in court over “keeper” monicker [Coleman]
- More on Chicago school that bars home-brought lunches [Adler, Welch, earlier]
- Definition of “cyber-bullying” in newly passed Arkansas bill could imperil legitimate speech [Volokh] Related: Harvey Silverglate video.
- Thoughts on a new Hungarian constitution [Ilya Shapiro, Cato at Liberty]
- Court reveals Righthaven’s operating agreement with client newspaper chain [Legal Satyricon, PaidContent, Las Vegas Sun]
- Cops: Ohio man stole gavel from judge [Lorain Chronicle-Telegram, Smoking Gun]
Tagged as:
Arkansas,
bullying,
constitutional law,
RightHaven,
Robert F. Kennedy Jr.,
sanctions
- Verbal fireworks from Judge Kozinski in Ninth Circuit “stolen valor” case [Above the Law]
- Measure of artificially contrived scarcity: “NYC Taxi Medallions Approach $1 Million.” Would officials in Washington, D.C. really consider introducing such a destructive system? [Perry, more]
- Workers’ comp OK’d in case where simulated chicken head blamed for subsequent emotional disability [Lowering the Bar]
- “NBA referee sues sports writer over tweet” [Siouxsie Law] “Lessons from Dan Snyder’s Libel Suit” [Paul Alan Levy/CL&P, earlier]
- Litigation rates similar for poor and good nursing homes, researchers find [US News] Effects of medical liability reform in Texas [White Coat, scroll] New York’s Cuomo caves on medical liability plan [Heritage] Sued if you do, sued if you don’t in the emergency room [same]
- “Federal Government Wants to Bully School Bullies, and Demands School Help” [Doherty, Bader, Popehat, Bernstein] New York law firm launches school-bullying practice [Constitutional Daily]
- Mass tort settlements: “The market for specious claims” [S. Todd Brown, Buffalo, SSRN]
- Could Gene McCarthy’s candidacy have survived Arizona elections law? [Trevor Burrus, HuffPo]
Tagged as:
Alex Kozinski,
bullying,
campaign regulation,
emergency medicine,
libel slander and defamation,
mass tort fraud,
nursing homes,
NYC,
sports,
sued if you do,
Texas,
Twitter,
workers' compensation
