Free speech roundup

  • Who could have guessed? First person charged with violating Malaysia’s new “fake news” law is someone who criticized the police [Reuters/Guardian (“The law covers digital publications and social media and also applies to offenders outside Malaysia, including foreigners, if Malaysia or a Malaysian citizen are affected.”)]
  • Or that prosecutors in Spain would be considering hate speech charges against the new separatist premier of Catalonia? [José Antonio Hernández, El País]
  • “There is no requirement that a platform remain neutral in order to maintain Section 230 immunity. And Facebook does not have to choose between the protections of Section 230 and those of the First Amendment; it can have both.” [Catherine Padhi, LawFare on comments by Sen. Ted Cruz]
  • “Reporting on Lawsuit — but Not Mentioning It Was Settled — Is Not Libelous” [Eugene Volokh on New Jersey Supreme Court decision in Petro-Lubricant Testing Laboratories, Inc. v. Adelman]
  • Wisconsin appeals court allows suit against online gun-ad marketplace over shooting; resulting damage to Section 230 would menace social media sites whether or not gun-related [Eric Goldman, Eugene Volokh]
  • “Appeals Court Finally Shuts Down Bogus Lawsuit Targeting A School Official For Words A Journalist Wrote” [Tim Cushing, TechDirt, earlier]

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