“Sony’s lawyer [David Boies] has threatened Twitter with legal action if the social networking company doesn’t ban accounts that are sharing the [hacked] leaks, according to emails obtained by Motherboard.” [Jason Koebler, Vice.com “Motherboard”]
When Horizon, a large Chicago apartment building manager locked in a legal dispute with one of its tenants, chose to sue her over a disparaging tweet a few years back (more), one of the owning family’s members was quoted in the press as saying that “the suit was warranted and that Horizon is ‘a sue first, ask questions later kind of an organization,'” a comment for which the company subsequently apologized. You’ll never believe what happened next…
“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]
- Called on his “jail ’em” rants, RFK Jr. tries to walk things back. Not gonna work [Andrew Stuttaford, Steven Hayward, earlier]
- If you think plastic bags have a high energy cost, one of Andrew Sullivan’s readers has news for you [The Dish; related, Julian Morris/Albuquerque Journal]
- There she is! The one who favorited that tweet! Bring her to justice! [@gabrielmalor via @andrewmgrossman]
- Some online commenters insist there must be a link between Ebola and GMOs, and in a sense they’re right: GM techniques likely to prove vital in developing therapies against the disease [Abbie Smith]
- Ann Althouse annotates a long New York Times Magazine article promoting the Louisiana coastal-erosion lawsuit [earlier]
- Who’s more credible on Chevron/Ecuador, Steven Donziger or his many critics? [Joseph Nocera, New York Times] Appeals court opens doors to more revelations in case [Paul Barrett, Business Week] More: Oh, and about Mia Farrow… [Phelim McAleer, New York Post]
- “Newfoundland judge dismisses moose vehicle collision class action lawsuit” [Canadian Press, earlier]
- 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]
- “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]
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]
“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.
“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.