Overlawyered » bullying

Free speech roundup

Walter Olson — Fri, 25 May 2012 04:34:49 +0000

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]

Tags: bullying, campaign regulation, EEOC, hate speech, hostile environment, libel slander and defamation, Maryland, online speech, serial litigants

Free speech roundup is a post from Overlawyered - Chronicling the high cost of our legal system

Unclear on the First Amendment in Albany

Walter Olson — Thu, 10 May 2012 13:46:53 +0000

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).

Tags: bullying, New York state, online speech

Unclear on the First Amendment in Albany is a post from Overlawyered - Chronicling the high cost of our legal system

Free speech roundup

Walter Olson — Wed, 02 May 2012 04:04:15 +0000

“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]

Tags: Australia, Belgium, bullying, Denmark, free speech, hate speech, India, Switzerland, United Kingdom

Free speech roundup is a post from Overlawyered - Chronicling the high cost of our legal system

Teasing in social media

Walter Olson — Sat, 14 Apr 2012 16:19:19 +0000

A study finds kids don’t share academics’ level of alarm about “cyberbullying,” and concludes that they (the kids) need their consciousness raised [Michael Aynsley, OpenFile Vancouver] And from Lenore Skenazy: “You Can Be Anti-Bullying and Still Not Buy Into New Bullying ‘Crisis’“

Tags: bullying, Facebook

Teasing in social media is a post from Overlawyered - Chronicling the high cost of our legal system

April 3 roundup

Walter Olson — Tue, 03 Apr 2012 04:02:19 +0000

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]

Tags: agriculture and farming, animal rights, Arizona, bullying, Connecticut, cruise ships, Environmental Protection Agency, harassment law, illegal drugs, oil industry

April 3 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

“Trivializing hate”

Walter Olson — Sun, 18 Mar 2012 04:09:19 +0000

David Link on the conviction of Rutgers student Dharun Ravi over his mistreatment of eventual suicide victim Tyler Clementi [Independent Gay Forum; earlier here, here, here, etc.] (& Greenfield)

P.S. James Jacobs and Tish Durkin were among contributors to a recent roundtable on hate crime laws at the NYT’s “Room for Debate”.

Tags: bullying, hate crimes

“Trivializing hate” is a post from Overlawyered - Chronicling the high cost of our legal system

“Cyberbullying: ‘We know it when we see it’”

Walter Olson — Thu, 08 Mar 2012 14:18:06 +0000

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.

Tags: bullying, First Amendment

“Cyberbullying: ‘We know it when we see it’” is a post from Overlawyered - Chronicling the high cost of our legal system

Dharun Ravi on trial for “bias intimidation”

Walter Olson — Wed, 29 Feb 2012 16:25:20 +0000

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.

Tags: bullying, colleges and universities, hate crimes, New Jersey

Dharun Ravi on trial for “bias intimidation” is a post from Overlawyered - Chronicling the high cost of our legal system

Tyler Clementi suicide case

Walter Olson — Thu, 09 Feb 2012 14:12:09 +0000

It launched a hundred “anti-bullying” initiatives at all levels of government, but much of what you think you know about it is probably wrong [Andrew Sullivan on Ian Parker, New Yorker](& Hans Bader, CEI “Open Market”]

Tags: bullying, New Jersey

Tyler Clementi suicide case is a post from Overlawyered - Chronicling the high cost of our legal system

January 31 roundup

Walter Olson — Tue, 31 Jan 2012 05:06:21 +0000

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]

Tags: airlines, asbestos, Baltimore, Barack Obama, bullying, California, deep pocket, juries, Newt Gingrich, RightHaven, taxes, Tillinghast, toxic torts

January 31 roundup is a post from Overlawyered - Chronicling the high cost of our legal system