- Long before North Korea “Interview” episode, Hollywood was caving repeatedly to power-wielders [Ron Maxwell, Deadline] Relevant: “A Tyranny of Silence,” new book by Danish-Muhammad-cartoons editor Flemming Rose published by Cato Institute [Kat Murti, earlier on the Danish cartoons, related Liberty and Law]
- Score 1 for First Amendment, zero for Prof. Banzhaf as FCC rejects “Redskins” broadcast license attack [Volokh, earlier including the prof’s comment on that post]
- Court dismisses orthopedist’s defamation suit against legal blogger Eric Turkewitz [his blog]
- “Hate speech” notions reach the Right? Author claims “justice” would mean incitement “charges” vs. liberal talkers [Ira Straus, National Review]
- Wisconsin prosecutors said to have eyed using John Doe law to aim warrants, subpoenas at media figures Sean Hannity, Charlie Sykes [Watchdog] More: George Leef on California vs. Americans for Prosperity;
- “British journalist sentenced for questioning death toll in Bangladeshi independence war” [Guardian] Pakistan sentences Bollywood actress Veena Malik to 26 years for acting in supposedly blasphemous TV wedding scene [The Independent] Erdogan regime in Turkey rounds up opposition media figures [Washington Post editorial]
- “Is it a crime to say things that make someone ‘lack self-confidence in her relations with the opposite sex and about her body-build’?” [Volokh; Iowa Supreme Court, affirmed on other grounds]
- “Court agrees that Google’s search results qualify as free speech” [Megan Geuss, ArsTechnica]
- “Manassas detective in teen sexting case sues teen’s lawyer for defamation” [Washington Post]
- Reports of SLAPP suit out of Chicago not quite as initially portrayed [Ken at Popehat]
- Compelled-speech update: Lexington, Ky. anti-bias commission orders employee training for t-shirt maker that objected to printing gay-pride messages [Kentucky.com, earlier]
- “NY high court says anti-cyberbullying law won’t pass First Amendment muster” [ABA Journal] New Arizona law against sending naked photos without subject’s consent could criminalize many sorts of speech [ACLU]
- UK scheme to muzzle nonviolent “extremists” just as horrid as it sounds, cont’d [Brendan O’Neill/Reason, earlier] Political director of U.K. Huffington Post calls for “sanctions” for press outlets that engage in “dishonest, demonizing” coverage of Muslims, immigrants, and asylum seekers [Guardian]
- SCOTUS should hear case re: right to engage in political advocacy without registering with government [Ilya Shapiro and Trevor Burrus, Cato; Vermont Right to Life Committee v. Sorrell]
“Theresa May, the Home Secretary, unveiled plans last month for so-called Extremism Disruption Orders, which would allow judges to ban people deemed extremists from broadcasting, protesting in certain places or even posting messages on Facebook or Twitter without permission.” Who’s an extremist? Funny you should ask. It’s not just preachers of violent jihad:
George Osborne, the Chancellor, has made clear in a letter to constituents that the aim of the orders would be to “eliminate extremism in all its forms” and that they would be used to curtail the activities of those who “spread hate but do not break laws”.
He explained that that the new orders, which will be in the Conservative election manifesto, would extend to any activities that “justify hatred” against people on the grounds of religion, sexual orientation, gender or disability.
He also disclosed that anyone seeking to challenge such an order would have to go the High Court, appealing on a point of law rather than fact.
An outcry has been arising from groups including both conservative Christians and atheists, both of whom suspect that their own controversial speech will be subject to restriction under the new rules. [Daily Telegraph; earlier]
- Consumer non-disparagement clauses lead weight-loss company down bumpy legal road [Adam Steinbaugh, Ken White/Popehat, and more]
- Police union defends St. Louis officer who called business in official capacity to say its employee was criticizing police on Twitter [Scott Greenfield; Elizabeth Nolan Brown]
- “The moral McCarthyism of the war on lads” [Brendan O’Neill, Spiked (U.K.), related]
- “Hey, liberals: Criminalizing hate speech will inevitably backfire” [Elizabeth Nolan Brown/The Week]
- Law professor: what it was like to be sued over what I wrote about someone’s case [Zachary Kramer, Prawfs, more]
- “EFF To NAACP: Trademark Isn’t For Censoring Your Critics” [Timothy Geigner, TechDirt]
- Judge Kane upholds right of Diana Hsieh’s Coalition for Secular Government to express opinion on ballot initiative without registering with state of Colorado [Ari Armstrong, The Objective Standard via Scott Greenfield]
George Will, hard-hitting but on target, on what happened to people who took the wrong side of the Wisconsin public-employee wars:
The early-morning paramilitary-style raids on citizens’ homes were conducted by law enforcement officers, sometimes wearing bulletproof vests and lugging battering rams, pounding on doors and issuing threats. Spouses were separated as the police seized computers, including those of children still in pajamas. Clothes drawers, including the children’s, were ransacked, cellphones were confiscated and the citizens were told that it would be a crime to tell anyone of the raids.
Chisholm’s aim — to have a chilling effect on conservative speech — has been achieved by bombarding Walker supporters with raids and subpoenas: Instead of raising money to disseminate their political speech, conservative individuals and groups, harassed and intimidated, have gone into a defensive crouch, raising little money and spending much money on defensive litigation. Liberal groups have not been targeted for their activities that are indistinguishable from those of their conservative counterparts.
Such misbehavior takes a toll on something that already is in short supply: belief in government’s legitimacy. The federal government’s most intrusive and potentially punitive institution, the IRS, unquestionably worked for Barack Obama’s reelection by suppressing activities by conservative groups. … Would the race between Walker and Democrat Mary Burke be as close as it is if a process susceptible to abuse had not been so flagrantly abused to silence groups on one side of Wisconsin’s debate? Surely not.
Both houses of the Pennsylvania legislature have passed and sent to Gov. Tom Corbett a bill “allowing judges to issue injunctions, or grant any other ‘appropriate relief’ if there is ‘conduct’ by a criminal ‘offender’ that ‘perpetuates the continuing effect of the crime on the victim.” Such an effect is specified to include, though it is not limited to, a “temporary or permanent state of mental anguish.” The “revictimization remedy” bill, S. 508, is apparently aimed at providing a way to go after a much-cooed-over convicted cop-killer for delivering recorded speeches at college campuses, to the distress of the family of the policeman he shot; Paul Alan Levy describes the bill’s use of the word “conduct” as a “fig leaf” for its intent to restrict speech. What Levy calls the “exceptional breadth” of the bill’s language could imperil or chill a wide range of other activity that might tread on victims’ feelings, such as campaigns to rally public opinion against a conviction or in favor of clemency. The bill, Levy says, “threatens to make Pennsylvania a national laughing stock.” [Consumer Law & Policy; Fox News; NBC Philadelphia; more, Joel Mathis, Philadelphia mag] More on the ever-popular “victims’ rights” cause from Steve Chapman and Roger Pilon.
“Extremists will have to get posts on Facebook and Twitter approved in advance by the police under sweeping rules planned by the Conservatives.” [Telegraph] The Spectator joins other critics in noting that the idea, floated by Home Secretary Theresa May, could conceivably be used not only against proponents of violent Islamism but also (for example) radicals of right and left, Irish nationalists, and animal-rights protesters:
Labour’s ‘hate crime’ laws have already been used to pursue Christian street preachers criticising homosexuality and Englishmen being rude about Scots. This magazine was once contacted by the CID, which was ‘investigating’ an article about Islamic fundamentalism — the police were trying to establish if we had violated the parameters of argument defined by New Labour. Rather than repeal such laws, Mrs May seems to want to extend them.
- Coverage of Cato Constitution Day panel on First Amendment with Nadine Strossen, P.J. O’Rourke, Eric Rassbach, Ilya Shapiro [Concurring Opinions] And First-Amendment-oriented articles in the latest Cato Supreme Court Review: Judge David Sentelle on freedom of speech as liberty for all and not just for the organized press, Allen Dickerson on McCutcheon v. FEC, Ilya Shapiro on SBA List v. Driehaus, and Trevor Burrus on protest buffer zones;
- Eric Holder “the worst Attorney General on press freedom issues in a generation, possibly since Richard Nixon’s John Mitchell” [Trevor Timm]
- “7 Things Cracked Got Wrong About Free Speech” [Greg Lukianoff of FIRE, who has a new short book out entitled “Freedom From Speech“]
- As ACLU recognizes, Arizona law purportedly banning revenge porn would do more than that [Masnick, Popehat, Greenfield, Sullum/Reason]
- Critical overview of “media reform” movement led by wildly misnamed pressure group Free Press [Barbara Joanna Lucas, Capital Research Center]
- In lawsuits against Yelp arising from bad reviews, courts have not been impressed by theory that the service extorts reviewed businesses [Paul Alan Levy; a restaurateur upset at Yelp strikes back in a different way]
- Proposal to make scientific misconduct a crime “would seem to raise serious First Amendment problems” [Howard Wasserman]
- Lawprofs vs. speech: new book by Prof. Danielle Citron (U. of Maryland) urges stepped-up legal penalties for online expression as “harassment” [“Hate Crimes in Cyberspace,” Harvard University Press]
- European high court’s Google-unindexing folly: “The truth is, you’ve never had the ‘right to be forgotten'” [Jack Shafer; example, WSJ]
- Feds’ National Science Foundation spending nearly $1 million to create online database monitoring “suspicious memes”, “false and misleading ideas” on Twitter [Free Beacon]
- Flap over fantasy-art DMCA takedown demand seems to be over, but we can still enjoy Ken’s take [Popehat] More Popehat highlights: 7th Circuit affirms sanctions vs. Team Prenda of copyright troll fame; multi-level marketer threatens blogger; controversial doctor resorts “to threats and legal analysis that are at least as innovative as his cancer theories“; “In 2014, minimal legal competence requires an attorney to anticipate and understand the Streisand Effect“;
- When occupational licensure laws stifle speech [Dana Berliner (IJ), NYT Room for Debate]
- Inside a deposition in the Shirley Sherrod defamation lawsuit [J. Christian Adams, earlier here, etc.] Write if you dare about Michael Mann, just hope he doesn’t sue you over it [Trevor Burrus, earlier here, etc.]
- U.S. Civil Rights Commission member Michael Yaki argues for campus speech codes [Hans Bader, Eugene Volokh] Per EEOC: “Illegal ‘hostile work environment’ harassment for co-workers to wear Confederate flag T-shirts” [Volokh; also]
“…will inevitably be used to protect police and others in power, not…the weak.” [Ken White/Popehat on case of Thomas G. Smith, whose conviction, later overturned, for “disorderly conduct” and “unlawful use of a computerized communication system” was based on an obscenity-filled rant against cops on the Facebook page of the Village of Arena, Wisc. police department]