Posts Tagged ‘France’

About that oh-so-French workers’ comp case

As has been widely reported, “a French court has ruled that an employee who died while having sex on a business trip was the victim of a workplace accident.” [Local France, ABA Journal] While some commentators have ooh-la-la’ed it up about this supposedly being an especially Gallic ruling, longtime Overlawyered readers realize that the issue has previously arisen in places other than France. Our 2013 post reported this from Australia: “Update: Oz high court reverses sex-injury comp award”

International free speech roundup

  • Singapore law restricting so-called fake news “could force companies to tell the government what websites users have viewed” [Jennifer Daskal, New York Times] Ruling People’s Action Party “is notorious for its practice of bringing lawsuits against opposition members,” sometimes “for defamation upon criticizing the PAP,” while blog authors are “often pressured to register as members of political bodies if their posts touch upon national issues.” [Sally Andrews, The Diplomat]
  • Australian federal police raid national broadcaster, seize files over story exposing alleged killings of unarmed civilians by special forces [Matthew Lesh, Spiked]
  • U.K.: “Man investigated by police for retweeting transgender limerick” [Camilla Tominey and Joani Walsh, Daily Telegraph; Jack Beresford, Irish Post; Ophelia Benson followup on “Harry the Owl” case; earlier here, here, etc.]
  • From President John Adams’s time to our own, rulers around the world have used alarms over fake news as excuse for measures against political opponents [J.D. Tuccille, Reason]
  • “In a world first, Facebook to give data on hate speech suspects to French courts” [Mathieu Rosemain, Reuters, Jacob Mchangama on Twitter]
  • Michael Jackson fan clubs sue sex-abuse complainants “under a French law against the public denunciation of a dead person,” good example of why laws like that are a bad idea [AP/GlobalNews]
  • Turkish “Academics for Peace” initiative of 2016: “Of the petition’s more than 2,000 signatories, nearly 700 were put on trial and over 450 were removed from their posts by government decree or direct action from their own university.” [Brennan Cusack, New York Times]

Social media law roundup

  • “The Moral Panic Behind Internet Regulation” [Matthew Lesh, Quillette] New Congressional Research Service report on free speech and the regulation of social media content [Valerie C. Brannon, Congressional Research Service]
  • “A social media campaign from the French government has been blocked by Twitter – because of the government’s own anti-fake-news law” [BBC via Elizabeth Nolan Brown]
  • European authorities misidentify many pages on Internet Archive as “terrorist,” demand takedown [Mike Masnick, Techdirt]
  • Armslist case is one in which Section 230 protected Second Amendment rights (that’s not a misprint for First) [John Samples, Cato; Eugene Volokh]
  • Sen. Josh Hawley (R-MO)’s bill to require the largest social media firms to obtain certification of their political balance from the FTC, on pain of making them liable for all content posted by users, met with hail of dead cats from knowledgeable observers [Elliot Harmon/EFF, John Samples/Cato and more, Cathy Gellis, Joshua Wright thread, Eric Goldman, Raffi Malkonian on retroactivity and more, Elizabeth Nolan Brown/Reason] Related: Daphne Keller (“Build Your Own Intermediary Liability Law: A Kit for Policy Wonks of All Ages”);
  • “We sympathize with Plaintiffs — they suffered through one of the worst terrorist attacks in American history. ‘But not everything is redressable in a court.'” [Sixth Circuit, Crosby v. Twitter, affirming dismissal of lawsuits seeking to hold Twitter, Facebook, and Google liable under Anti-Terrorism Act for abetting self-radicalization of perpetrator of Orlando Pulse attack]

June 12 roundup

  • Moving against emerging litigation analytics and prediction sector, France bans publication of statistical information about individual judges’ decisions on criminal penalty [Artificial Lawyer, ABA Journal, David Post]
  • Eugene Volokh analyzes Washington high court’s unanimous ruling against Arlene’s Flowers and Barronelle Stutzman in same-sex marriage refusal case [Volokh Conspiracy, earlier on case here and here]
  • “Small claims court for copyright” idea would likely worsen the problem of copyright trolling [Mike Masnick, Techdirt]
  • Activists push laws and pledges intended to push charitable foundation giving (yet) further to left [James Piereson and Naomi Schaefer Riley, Washington Examiner]
  • Review of new book by libertarian economist David D. Friedman, “Legal Systems Very Different from Ours”: pirates, prisoners, gypsies, Amish, imperial Chinese, Jewish, Islamic, saga-period Icelandic, Somali, early Irish, Plains Indians, 18th century English, and ancient Athenian [Michael Huemer, Reason]
  • If the Supreme Court is going to let police stop your car on a pretext, they should at least insist that there *be* a pretext [Jonathan Blanks on Sievers v. Nebraska Cato cert petition]

Climate change and energy roundup

“Eet eez, how you say — zee dumb law.”

Reuters reports (“French lawmaker proposes bill to outlaw mockery of accents”) that lawmaker Laetitia Avia of Emmanuel Macron’s ruling party intends to introduce a bill adding discrimination based on accent or pronunciation (“glottophobia”) to the list of banned discrimination categories. This came after an exchange between leftist party leader Jean-Luc Mélenchon and journalist Véronique Gaurel, born in Toulouse, in which he appeared to make fun of Gaurel’s southwestern accent and then called for the next question to be in “comprehensible French.”

I thought of researching whether France has enacted other vaguely framed laws aimed at soothing the sensibilities of the Toulouse region. But since there is no way to search for vague laws as a category in themselves, I soon realized that might set me off on — if you will excuse the expression — a Too-Loose-Law Trek.

[cross-posted from Cato at Liberty]

September 5 roundup

  • Event barns booming as wedding venues, but some owners of traditional banquet halls want them to be subject to heavier regulation, as by requiring use of licensed bartenders [Stephanie Morse, Milwaukee Journal-Sentinel]
  • Protectionism and smuggling in ancien regime France: “Before Drug Prohibition, There Was the War on Calico” [Virginia Postrel]
  • Thread unpacks “Big Ag bad, family farms good” platitudes [Sarah Taber]
  • “An Oklahoma judge has agreed to resign after he was accused of using his contempt powers to jail people for infractions such as leaving sunflower seeds in his courtroom and talking in court” [ABA Journal]
  • Update: North Carolina gerrymandering plaintiffs back off, concede impracticality of using new maps in time for upcoming election [Robert Barnes, Washington Post, earlier]
  • “Aretha Franklin Died Without a Will, Bequeathing Estate Issues To Her Heirs” [Caron/TaxProf]

Labor and employment roundup

  • Lancaster, Calif. Mayor R. Rex Parris proposes that city ban employers from requiring male employees to wear neckties [Laura Newberry, L.A. Times]
  • Reasons to settle employment-law claims: “It’s Not the Damages, It’s the Attorneys’ Fees” [Daniel Schwartz]
  • “Court Ruling Casts Constitutional Doubt on State and City Salary-Inquiry Bans” [Marc Dib, WLF; related here, here]
  • I’m quoted hailing Supreme Court ruling on workplace arbitration [Jeff John Roberts, Fortune]
  • Federal labor regulators versus local food truck operators [Ira Stoll]
  • “What is happening to French labor law?” [Tristan Bird, On Labor]

Virginia Postrel (and Catherine Deneuve) on harassment law

As workplace expectations change in response to the #MeToo scandal, there is no point in hoping that some new set of norms will emerge that avoids exclusionary “you don’t belong” signals to some workplace participants: “Whatever new norms emerge will also exclude people, and not all of those cast out will be bullies, predators, or, for that matter, men. All norms draw lines. Norms that police speech and attitudes, as opposed to physical actions, are particularly likely to snare violators whose deviance is unconscious or benign.” [Bloomberg View]

Meanwhile, in France: “The letter [from revered actress Catherine Deneuve and ‘around 100 French women writers, performers and academics’] attacked feminist social media campaigns like #MeToo and its French equivalent #Balancetonporc (Call out your pig) for unleashing this ‘puritanical… wave of purification’.” [AFP; France Culture interview with Sarah Chiche (in French); Le Monde open letter reprint (in French)]

Labor and employment roundup