- Dropping a legal cinderblock on his head: I’m quoted on CPSC’s aggressive legal action against former Buckyballs CEO Craig Zucker [Barbara Hollingsworth, CNS; NYT covers story; earlier here, etc.] Related, CPSC finally holds public hearing on magnet sets standard [WLF Legal Pulse].
- SCOTUS sleeper Bond v. U.S., on treaty power + toxic love triangle, no longer a sleeper as George Will devotes column to it [syndicated/WaPo, earlier]
- “The Ideological Migration of the Economics Laureates” [Daniel Klein et al, Econ Journal Watch via Tyler Cowen and Arnold Kling]
- Steven Teles’s diagnosis: “Kludgeocracy in America” [National Affairs; reactions from Brink Lindsey (“libertarianism serves as America’s superego while progressivism supplies the ego and id”), Ilya Somin, Nicholas Geiser/CEI “Open Market”]
- Farewell to Blawg Review’s “Ed.,” whose identity I never learned [Ron Coleman/Likelihood of Confusion, ABA Journal, Mark Bennett/Defending People; Overlawyered hosted Blawg Review #33 in 2005 and #220 in 2009; see also mentions and #56 at Point of Law]
- “Emotional linkbait”: police, press rush far ahead of evidence in many claims of bullying-induced suicide [Kelly McBride, Poynter]
- Wow: Columbia, S.C. interim police chief says he’ll come after advocates of pot law reform [Popehat]
Posts Tagged ‘bullying’
Complaint of “bullying” after team’s 91-0 defeat
Ken at Popehat offers some perspective [link fixed now, thanks Hans] on the events at Aledo High School in Texas:
It’s important to point out that the report is from one angry father, not from an entire culture. The systemic issue, if there is one, is the series of laws that requires a formal investigative process no matter how facially ridiculous a complaint. Another systemic issue, if there is one, is the malleability of words like “bullying,” which can be used to pursue any sort of grievance, whether or not it is actually related to the well-being of children.
Schools roundup
- Opponents, including U.S. Department of Justice, go after school choice programs in court [Jason Bedrick, more]
- Study finds bullying programs may have opposite from intended effect. Why, next they’ll tell us D.A.R.E. is a flop at curbing drug use. Oh wait [CBS Dallas]
- National Association of the Deaf files lawsuit against Maryland, seeking captioning at sporting events [WaPo]
- “NYC will spend $29 million on salaries, benefits of educators it can’t fire” [NY Daily News] [NY Times]
- Gotta-cover-yourself incident and accident reports clog the classroom day with paper [Ted Frank, Point of Law]
- “IRBs and mission creep” [Dave Hoffman, Prawfs, earlier]
- Boy who drew cartoonish bomb at home suspended, reinstated [Fox Carolina, Free-Range Kids]
New at Reason: “A step toward Facebook.gov?”
I’ve got a new piece at Reason.com expanding on my earlier reports on the new pilot program by which Facebook will give Maryland school officials a dedicated channel with which to seek takedown of posts and other material that in their view contributes to the problem of “cyber-bullying.” I think the program represents a disturbing step toward a wider government role as arbiter of what is allowed to be said in social media, the more so as it will be difficult or impossible to know whether takedown decisions at Facebook’s discretion are an entirely neutral application of the service’s “Community Standards” or are swayed in part by the wish to keep government bodies happy. I quote various press accounts, some affording additional insight into the existing and proposed takedown process, as well as commentary by Scott Greenfield, TechDirt, and the Daily Caller in which I’m quoted. Some additional commentary: Joy Pullmann/Heartland, Josh Blackman. More: Instalanched, thanks Glenn Reynolds.
Facebook to let school officials flag “questionable” posts for takedown
That’s the gist of an announcement this morning from the office of Maryland attorney general Doug Gansler, following on the passing into effect of the state’s groundbreaking “cyberbullying” law, which I criticized earlier this year. The National Association of Attorneys General (NAAG) is involved too in the Educator Escalation Channel, which will start with a pilot Maryland program. Gansler says those targeted for post takedowns will include Facebook users who are “not committing a crime… We’re not going to go after you, but we are going to take down the language off of Facebook, because there’s no redeeming societal value and it’s clearly hurting somebody.” Although the rationale is to protect Maryland juveniles from unwelcome and hurtful online communications, the initial press reports offer no indication that the Facebook users whose speech is targeted for takedown will necessarily be other Maryland juveniles.
What could possibly go wrong? I’ve got some thoughts on the question at Cato at Liberty. More: Scott Greenfield (“Facebook becomes the agent of the state. … Welcome to the start of something big.”)
Free speech roundup
- University of Montana professors who refuse Title IX training to be reported to federal government [FIRE, more, Missoulian] Professor yanked from public-university classroom over offensive out-of-class tweet [Popehat, Peter Bonilla/FIRE]
- Preacher/historical fantasist/horrible human being Scott Lively has probably accomplished more actual evil in life than the picketers of the Westboro Baptist Church, yet it raises disturbing First Amendment questions to let him be sued in U.S. court for having urged foreign governments to be more oppressive [NBC News]
- Speaking of wacky preachers, Florida sheriff says Terry Jones arrested for unlawful fuel transport and open gun carry, not because anyone disagreed with his speech [Orlando Sentinel, Volokh]
- Critical speech annoys elected officials and that’s one reason we keep having to fight about campaign regulation [Barton Hinkle, Brad Smith on McCutcheon case, Ilya Shapiro on Susan B. Anthony List v. Driehaus]
- Minnesota: “Ban on ‘Advis[ing or] Encourag[ing] … Another’ to Commit Suicide Violates First Amendment” [Eugene Volokh] Pennsylvania: “Crime to ‘Disparag[e]’ an Under-18-Year-Old ‘With Intent to Harass’?” [same] Liking Facebook page presumptively protected speech [same] Veto override fails, so Missouri won’t enact proposed ban on publishing names of gun owners or concealed carry permit holders [same, followup]
- Danish-Iranian artist convicted of “racism” after critical comments re: Muslim men [Copenhagen Post via @ClaudiaHajian]
Free speech roundup
- Chicago-area bus company keeps menacing customer-critics with lawsuits [Coyote]
- Some government officials want a say in who owns newspapers [Ira Stoll on Hartford Courant/Koch story] Using public apparatus to squelch political adversaries not exactly something new in America [David Beito on New Deal episodes]
- Barbarity: “Saudi Court Condemns Editor to 600 Lashes With Breaks” [Bloomberg (“insulting Islam”), Volokh]
- Scheme backed by many state AGs to roll back websites’ immunity for content posted by visitors “could singlehandedly cripple free speech online” [ACLU, earlier]
- Attention enemies of Ken at Popehat: even if you can find your bus pass you’ll still need to withstand his cat squirt bottle [Popehat; another speech case there (censorious bell can’t be unrung) and yet another (bogus DMCA notice)]
- State law providing that persons with erased records are “deemed never to have been arrested” never meant to muzzle discussion of arrests [Eugene Volokh]
- Nova Scotia: “cyberbullying legislation allows victims to sue” [CBC]
Free speech roundup
- Paleo-diet blogger wins a round in battle with North Carolina occupational licensing [IJ via Alkon, earlier here, here, etc.]
- If you live in Connecticut or Montana, you have a U.S. Senator who’d go this far to trample rights [Volokh on Tester-Murphy constitutional amendment, earlier] Related: “In Attack On Commercial Speech, Law Professor Sadly Supports Selective Rights” [Richard Samp, WLF, on Columbia’s Tim Wu]
- Lawyers sue publishers of medical literature for failing to warn about drug side effects [ABA Journal, Drug and Device Law]
- “Anti-Bullying Bill Could Jail People Who Criticize Politicians” [Ted Balaker, Reason]
- Regarding the L.A. Times: “So people are really suggesting a city council interfere to make sure a newspaper’s owners have the proper political views. Flabbergasting.” [@radleybalko]
- “Judge: Rocker must pay Herald $132G in court costs for dismissed defamation suit” [Boston Herald] Second Circuit recognizes scientific-discussion defense to defamation claims [Science World Report]
- “Does Freedom of Speech Conflict with Freedom of Religion?” [Jacob Mchangama video] “Turkish Blogger Sentenced to 13 Months in Prison for Criticizing Mohammed” [Volokh] So much repression: State Dept. International Religious Freedom Report for 2012 [executive summary]
Schools roundup
- Chilling one side of a debate? American Federation of Teachers arm-twists board members to quit groups critical of union contracts (including the Manhattan Institute, with which I used to be affiliated) [New York Post, Bloomberg, Ira Stoll]
- “Third Circuit Finds Schools Aren’t Liable for Bullies” [Fed Soc Blog]
- Case dismissed in Marshall University student’s suit over exceedingly undignified bottle-rocket stunt [West Virginia Record]
- Free pass for harming students? Realistic policy call? Both? Courts frown on “educational malpractice” claims vs. schools, teachers [Illinois State Bar Association; Beck]
- Brookings has very poor reviews for Sen. Elizabeth Warren’s student loan plan [Matthew Chingos and Beth Akers; Megan McArdle]
- 1,200 sign Harvard petition assailing academic freedom in Jason Richwine case [Boston Globe]
- College selection of commencement speakers: political spectrum’s so skewed that even moderate GOPer Bob Zoellick’s a no-go [Bainbridge]
- The Common Good online forum on risk and legal fear in schools, in which I’m a participant, continues for another day or two.
Schools roundup
- More commentators weigh in on the truly horrible new federal campus speech and discipline code [Harvey Silverglate /Juliana DeVries, Minding the Campus; Wendy Kaminer, The Atlantic; Will Creeley, HuffPo; Scott Greenfield; Reason TV; my two cents] More: Greg Lukianoff, WSJ.
- Feds: states must impose extensive disability-rights regime — including obligations to accept students with difficult accommodation needs — on private/religious schools participating in voucher programs [Bagenstos, Disability Law; Ramesh Ponnuru (noting that loading new regulatory burdens onto private and religious schools may not be displeasing to school choice opponents in the administration)] NYC’s famous selective/performance schools obliged to take special ed kids who can’t meet standard entrance or audition requirements [Inside Schools]
- Volunteer-led school band survives shutdown attempt by Oregon teachers’ union [Katherine Mangu-Ward]
- AFT: donate to groups that oppose our aims, and we’ll see that you pay [Jason Bedrick, Cato]
- Chicago: “Teachers union plans to file civil rights suits to stop school closings” [Chicago Tribune]
- Newly passed Minnesota “anti-bullying” law will expand state control over local schools [Pioneer Press] Court proceedings over alleged taunting and insults proliferate under New Jersey’s law [Star-Ledger via Reason]
- “Graduates, your ambition is the problem” [Roger Pilon on the president’s Ohio State commencement address]