Free speech roundup

  • Second Circuit decision restricting public officials from blocking foes on Twitter is likely to discourage local electeds from sharing on social media, among its other problems [Gabriel Malor thread, John Samples/Cato, earlier]
  • State of Washington defines lawyers’ pro bono work as “campaign expenditure,” even when it goes toward ballot access effort for a measure that never reached the ballot to be campaigned over. Review and clarification by high court sorely needed [Ilya Shapiro, Trevor Burrus and Patrick Moran on Cato amicus brief in Evergreen Freedom Foundation v. State of Washington]
  • Freedom of press not just for those who own one: “Minnesota Supreme Court Holds That Nonmedia Speakers Are Fully Protected by First Amendment” [Eugene Volokh, defamation law]
  • “Publishing Court Records Containing Home Address Not Actionable Invasion of Privacy” [Volokh on a pattern that sometimes gives rise to claims of “doxxing”]
  • FOSTA, the law hailed as creating a pioneering exception to Section 230 for speech promoting “sex trafficking,” isn’t just your ordinary incursion on Internet freedom. It comes with a body count [Mike Masnick, Techdirt; related, Violet Blue, Engadget]
  • If they’re farming, don’t you be filming: John Stossel on ag-gag laws [Reason video and story, earlier]

3 Comments

  • Would the State of Washington definition also apply to media editorials and search-engine algorithms?

  • The Second Circuit was just wrong on the Trump twitter feed case. Trump is POTUS, but he is also a citizen, and he can speak as citizen and has the rights and powers associated with that status.

    • He should have kept the “real donald trump” twitter feed as his personal account
      and established his presidential account as something like
      “Orangeman Bad” so that his opponents could find it easily

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