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Free speech roundup

by Walter Olson on September 3, 2014

  • 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]

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Pharmaceutical roundup

by Walter Olson on June 30, 2014

  • “Report: Government warnings about antidepressants may have led to more suicide attempts” [Washington Post]
  • Celebrity doc known for touting diet-health snake oil told off by Senators known for touting socio-economic snake oil [NBC, Business Week]
  • Physicians’ prescription of drugs off-label may “seem odd to the uninitiated, but it is called the practice of medicine, and there is absolutely nothing wrong with [it].” [Steven Boranian/D&DLaw, Sidley, Steve McConnell/D&DLaw (False Claims Act angle, with much background on that law generally)]
  • “23andMe Closer to FDA Approval” [Matthew Feeney/Cato, earlier]
  • FDA guidance could foreclose most use of tweets, Google ads and other character-limited vehicles in pharmaceutical promotion [Jeffrey Wasserstein/FDA Law Blog, Elizabeth N. Brown/Reason]
  • Average wholesale price (AWP) litigation: “Pennsylvania High Court Joins Judicial Stampede That’s Trampling State Attorneys-General/Plaintiffs’ Bar Alliances” [WLF, Beck, earlier]
  • California infant’s death opens window on lucrative (for some prescribers) intersection of workers’ comp and compounded pharmaceuticals [Southern California Public Radio]

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Not a good idea for anyone, really, but an especially bad idea for the U.S. Department of Health and Human Services [Ken at Popehat; Paul Alan Levy (reminding that "the government itself cannot be defamed")]

Down the same alley: when the mayor of Peoria seized on a misdemeanor law banning “impersonating a public official” as grounds for sending police after a clearly satirical Twitter account, he bit off more than he might be able to chew [Ars Technica, earlier]

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To curtail parody, stop being so parody-able in the aftermath of your decision to send cops after your Twitter critics [Radley Balko, more, earlier] Related: “Watch Repairer Goes Legal Over Tame Yelp Review, Streisand Effect Takes Over” [Geigner, TechDirt]

“Not long after learning about the parody Twitter account @Peoriamayor, the city’s real mayor, Jim Ardis, told police he wanted to find out who was publishing sometimes vulgar messages there, according to a search warrant filed Thursday. … Two judges signed off on warrants to get information from Twitter and Comcast. Another judge approved a Tuesday afternoon raid.” [Peoria Journal-Star via Scott Shackford/Reason; Justin Glawe, Vice]

P.S. Related from Starkville, Mississippi last year.

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PeakGuardian

“The cup­cake has al­ways been a gentri­fying force … you could get a huge mass of people to par­ti­cipate in a re­ac­tionary endeavour if you dressed it up in nice, twee, cup­cakey im­agery, and per­suaded everyone that the bru­tality of your ideo­logy was in fact a form of nice­ness.” — Tom Whyman for Critical Legal Thinking, Guardian “Comment Is Free”, my Tweet h/t @Ben_McGinnis.

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Free speech roundup

by Walter Olson on April 14, 2014

  • “Money spent trying to spread a political message is speech, whether you like the message or not.” [Michael Kinsley on McCutcheon v. FEC, earlier]
  • “Letter: Ken Avidor on Being Silenced By a Defamation Suit” [Romenesko]
  • “Canada’s first Twitter harassment trial has taken a strange twist.” [Christie Blatchford, National Post]
  • In union leader’s defamation suit, Philadelphia court orders anonymous commenter unmasked [CBS Philly]
  • New Jersey ruling letting parents be sued over kids’ Facebook posts will chill speech [Hans Bader/CEI, earlier]
  • More dispatches from Michael Mann-Mark Steyn litigation showdown [Steyn, Charles Cooke] Bonus: Steyn on Andrew Bolt case in Australia and on Nevada protests’ “First Amendment Area” (“The ‘First Amendment Area’ is supposed to be something called ‘the United States’.”)
  • “True-crime author Ann Rule’s suit against Seattle Weekly tossed” [KING]

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State of the Union speech

by Walter Olson on January 29, 2014

Update: I’m in this Cato video, my brief contribution on the president’s executive order powers beginning around the 2:15 mark:

I tweeted and liveblogged the State of the Union address last night so you wouldn’t have to watch. Here are Twitter highlights, in regular rather than reverse chronological order:

Tune in Tuesday night as Cato colleagues and I liveblog the State of the Union, or check Twitter at #CatoSOTU.

While you’re at it, do follow me on Twitter at @walterolson and @overlawyered, and at Facebook on both author and blog pages.

Surveillance roundup

by Walter Olson on December 12, 2013

  • “That Thing They Said They’re Not Doing? They’re Totally Doing.” [Daily Show with Jon Stewart] “Exactly What the State Says to Deceive You About Surveillance” [Conor Friedersdorf]
  • “Warrantless Cellphone ‘Tower Dumps’ Becoming Go-To Tool For Law Enforcement” [Tim Cushing, TechDirt; Ellen Nakashima, Washington Post; David Kravets, Wired; USA Today (local law enforcement using, not just federal)]
  • Google, Apple, Microsoft, Facebook, Twitter, Yahoo, AOL, LinkedIn, but telecoms absent: “U.S. Tech Industry Calls for Surveillance Reform” [Corporate Counsel, EFF, Marvin Ammori/USA Today]
  • New Federalist Society symposium on NSA/FISA surveillance and bulk data collection includes names like Randy Barnett, Jim Harper, Jeremy Rabkin, Stewart Baker, Grover Joseph Rees [Engage, Randy Barnett]
  • Nowadays “law enforcement can feel free to admit their traffic stops are pretextual” Thanks, Drug War! [Popehat] “Sobriety Checkpoints Paved Path to NSA Email Spying” [Wired]
  • FATCA, the intrusive overseas tax enforcement law, isn’t couched in public controversy as a federal data-snooping issue, but it should be [Radley Balko, McClatchy]

Free speech roundup

by Walter Olson on July 31, 2013

  • “Bryon Farmer of the Blackfeet Tribe Jailed For Talking About Corruption In Tribal Government” [Ken at Popehat] “Popehat Signal: Vengeful AIDS Denialist Sues Critic In Texas” [same]
  • Persons with federal government contracts can’t give to federal candidates or parties. Too broad? [Ilya Shapiro and Trevor Burrus, Cato]
  • “Together at last! ‘Some US conservatives laud Russia’s anti-gay bill.’” [@jon_rauch on Associated Press re: "propaganda" measure]
  • More on Second Circuit decision ruling scientific conclusions akin to protected opinion for defamation purposes [Digital Media Law Project, earlier]
  • San Antonio bars appointment to its city boards and commissions of anyone who has ever said anything demonstrating bias “against any person, group or organization on the basis of race” or various other protected categories [Eugene Volokh]
  • Cincinnati Bengals cheerleader wins defamation suit holding gossip site operator liable for user comments [Sporting News] Michigan: “Ionia newspaper editor files defamation suit against critics” [MLive, Popehat with a critical view, update at Popehat following dismissal]
  • “Hate speech” at issue: “Twitter releases users’ identities to French authorities after tough legal battles.” [JOLT]

Medical roundup

by Walter Olson on July 25, 2013

  • Crisis of sterile injectables rages on, among victims are premature infants who need parenteral nutrition [Washingtonian ("Even if the FDA’s doing something terrible, we can’t criticize them. They regulate us.") via Tabarrok, earlier here, here, here, etc.]
  • “Tweets not medical advice” [@Caduceusblogger via @jackshafer]
  • “Why Your Dog Can Get Vaccinated Against Lyme Disease And You Can’t” [Curt Nickisch, WBUR]
  • Cites distinctive Connecticut law: “Hospital Successfully Sues its Patient’s Attorneys for Filing a Vexatious Malpractice Suit” [Alex Stein, Bill of Health]
  • Should adversarial medical examinations be videotaped? [Turkewitz]
  • “Lawyers Have Learned To Distort Pharmacovigilance Signals” [Oliver on FDA Adverse Event Reporting System (FAERS), earlier]
  • Causation from nasal decongestant at issue: “Judge orders UW to pay $15M to Snoqualmie family” [KING5]
  • “The ban on compensated transplant organ donation has led to hundreds of thousands of excess deaths. A ban on compensated sperm and egg donation would lead to a dearth of lives.” [Alex Tabarrok, related on Canada]
  • Sounds promising: “Peeved politicians want ‘loser pays’ rule for patent trolls” [Joe Mullin, Ars Technica] Defense of patent trolls in Wired mag [Michael Risch]
  • Scènes à Faire: the copyright exception for scenes that inevitably suggest themselves [Bruce Boyden, ConcurOp]
  • If the terms of service/purchase say you don’t have a right to resell the digitized book or song, maybe you don’t [The Digital Reader on court decision against ReDigi startup]
  • Pay to quote a single word from a newspaper? That’s what the popup at Canada’s National Post seems to suggest [Doctorow, BoingBoing]
  • Inside copyright enforcers’ “bait-car” operations [TechCrunch]
  • “Firm and two of its lawyers must pay $200K over frivolous patent case” [Sheri Qualters, National Law Journal]
  • “Crazy copyright bot (now suspended by Twitter) threatens those who tweet tiny poem” [Rob Beschizza via @ChrisBellNZ]

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Free speech roundup

by Walter Olson on March 27, 2013

  • Alarms re: proposed new UK code to regulate press, both print and electronic [John O'Sullivan, Andrew Stuttaford] “Why we won’t sign the press-regulation Charter” [The Spectator: Nick Cohen]
  • Also from the UK: “Police investigate Conservative MP Tim Loughton for calling man ‘unkempt’” [Telegraph]
  • “Teenager arrested for tweeting rap lyric containing the word ‘homicide.’” [Ann Althouse]
  • “CNN Argues that Requiring Captioning of Web Videos Would Violate Free Speech” [Disability Law, Courthouse News; more on new web accessibility push]
  • Administrator at Yeshiva U. hires lawyer to get posts removed from prominent law blogs, Streisand Effect ensues [Scott Greenfield]
  • Philly Mayor Michael Nutter sends letter to city human relations commission demanding investigation of Philadelphia Magazine for publishing article he dislikes [Ken at Popehat, Hans Bader]

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March 18 roundup

by Walter Olson on March 18, 2013

  • Justice done in Tewksbury, Mass. as feds won’t appeal loss in Motel Caswell forfeiture case [Institute for Justice]
  • Oh, FTC: “Government Now Says Tweets Have To Include ‘The Fine Print’” [Business Insider]
  • Judge lifts “no Facebook posts” order against class action objector [Paul Alan Levy, ABA Journal, earlier]
  • House Judiciary Committee hearing on litigation abuse feature Ted Frank, John Beisner [link to video, Chamber-backed LNL]
  • Update: minister who aided Miller-Jenkins custody-napping gets 27 month sentence [AP,earlier]
  • Pennsylvania high court judge convicted on charges of using state staff for campaign [AP] Also in Pa., wife/chief aide of high court justice “has received 18 payments as referral fees for connecting law firms with clients” [Philadelphia Inquirer] “Arkansas Supreme Court Justice reports $50k gift from plaintiff lawyer” [LNL]
  • Widow sues church for refusal to accept NASCAR-themed cemetery headstone [IndyStar]

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Free speech roundup

by Walter Olson on February 19, 2013

  • Setting up as a freelance investigative writer? Getting insurance even for your office rental can be tricky [Romenesko]
  • Among many curious Virginia blue laws: “‘any citizen … may institute’ judicial review of any book.” [Barton Hinkle]
  • Whether Rupert Murdoch can buy the L.A. Times shouldn’t depend on which party holds power in Washington [Stoll, Future of Capitalism]
  • “Publisher launches $3,000,000 suit against academic librarian who criticized its books” [BoingBoing, Edwin Mellen Press] “Alternative” cancer treatment entrepreneur threatens to sue dissatisfied patient [Jardin, BB]
  • EU: Let’s regulate journalists [Morrissey] Russia law against pro-gay “propaganda” is part of wider speech crackdown [AP]
  • Twitter’s relatively laissez-faire speech policy has advanced its success [Greg Beato]
  • “Free Speech on Campus Today” [Cato podcast with FIRE's Greg Lukianoff]
  • Forbids writing about him ever again: “Judge says US-based reporter defamed Haiti’s PM” [AP/Gainesville Sun]

#SOTU

by Walter Olson on February 13, 2013

My tweets and retweets last night during the State of the Union address and the GOP response by Sen. Marco Rubio (R-Fla.), in regular rather than reverse chronological order:

Also, by way of pleasant contrast:

And here’s Cato’s response video with scholars Michael Tanner, Julian Sanchez, Alex Nowrasteh, Simon Lester, John Samples, Pat Michaels, Jagadeesh Gokhale, Michael F. Cannon, Jim Harper, Malou Innocent, Juan Carlos Hidalgo, Ilya Shapiro, Trevor Burrus and Neal McCluskey.

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I’ll be part of the Cato Institute commentary team Tuesday evening.

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