Posts Tagged ‘Germany’

Free speech roundup

January 11 roundup

  • Group letters by law professors opposing nominees should be treated with the respect due, normally zero [John McGinnis, Michael Krauss, Paul Caron/TaxProf with links to columns by Stephen Presser, Scott Douglas Gerber, and James Huffman]
  • USA, courthouse to the world for compensation claims, even 100+ years later [Guardian on suit in Manhattan federal court by descendants of atrocities committed by Germans in what is now Namibia in early 1900s]
  • Marvels of NYC tenant law: “Couple renting Chelsea pad hasn’t paid rent since 2010” [New York Post]
  • Election results could mean 11th-hour save for embattled cause of consumer arbitration [Liz Kramer/Stinson Leonard Street LLP]
  • Baltimore policing, family leave in Montgomery County, Uber/Lyft fingerprinting, getting money out of Howard County politics, and more in my latest Maryland policy roundup at Free State Notes;
  • Speaking of ridesharing and regulation: “Without Uber or Lyft, Austin Experiences Skyrocketing DUI Rates” [Brittany Hunter, FEE]

Germany mulls crackdown on social media speech

In the name of combating harms from false reports as well as injury to reputation, the government of Germany is considering imposing a tough legal regime on Facebook and other social media sites. Next year it “will take up a bill that’d let it fine social networks like Facebook $500,000 [per post] for each day they leave a ‘fake news’ post up without deleting it.” Both official and private complainants could finger offending material. The new law would also require social networks to create in-country offices charged with rapid response to takedown demands, and would make the networks responsible for compensation when posts by their individual users were found to have defamed someone. [David Meyer Lindenberg, Fault Lines; Parmy Olson, Forbes]

P.S. If not closely, then at least distantly related: “Ridiculous German Court Ruling Means Linking Online Is Now A Liability” [Mike Masnick, TechDirt]

Guestblogger archive week: IV

I highly recommend subscribing to Dan Lewis’s daily Now I Know email, a labor of love, compendium of neat stories, and marvel of the Internet. Dan guestblogged for us in the early days as a first-year law student on stories, often sports-related, that included a National League umpire who sued after quitting his job and not being taken back, Deion Sanders’s face-off with the car repair guy, and shop owners criminally charged in Canada for fighting off a burglar. [archive / NowIKnow and personal Twitter]

Guestbloggers have sometimes brought a scholarly and research perspective, as with Michael DeBow, a law professor at Cumberland School of Law at Samford University in Birmingham, Ala. He wrote (presciently!) about a Massachusetts attorney general’s ventures into outsourced enforcement and how it wound up sluicing money to some ideologically engaged private outfits; the importance in comparative international development of secure property rights; and Alabama’s fitful progress toward being less of a “judicial hellhole” for defendant corporations than it once was. [archive]

James Maxeiner teaches at the University of Baltimore School of Law and has practiced and written extensively in legal matters in both American and German courts. The German system of civil litigation, which includes the loser-pays principle, is often compared favorably with our own. His insight into the comparative performance of the two systems of law helped inform posts on what foreign clients say about American law, how Germany does civil legal aid, and some mild puffery from the German justice ministry about the advantage of its version of continental law. [archive]

International free speech roundup

  • As government’s grip tightens in Turkey, Erdogan begins rounding up journalists [New York Times, Jonathan Turley on aftermath of coup attempt]
  • German court fines man $2,480 for comparing state politician’s IQ to that of “a piece of toast” [Deutsche Welle]
  • University of Cape Town disinvites free speech hero and Cato fellow Flemming Rose, of Danish cartoons fame, prompting letters of protest from Nadine Strossen, Floyd Abrams, Kenan Malik [John Samples]
  • “If it’s perceived by the victim, then it is” — adviser to London police on online insults as hate crime [Express] “Nottinghamshire police to count wolf-whistling in street as a hate crime” [Guardian, quoting three backers and no critics of idea]
  • Maybe our state AGs could offer tips on punishing wrongful advocacy: campaigners in UK want to prosecute public figures for fraud in promoting Leave side in Brexit referendum [Business Insider on “Brexit Justice” effort]
  • Meanwhile, here: prominent Harvard Law professor says “rule of law” and “First Amendment” are “almost entirely without content” [David Bernstein on views of Mark Tushnet]

Schools and childhood roundup

  • In the mail: “No Child Left Alone: Getting the Government Out of Parenting,” forthcoming book by Abby Wisse Schachter [more: Pittsburgh Tribune Eric Heyl interview]
  • Neighbor reports Winnipeg mom to child services for letting kids play in fenced-in back yard [Canadian Press/National Post via Amy Alkon]
  • “Public space in Germany is not held hostage by liability lawsuits; Berlin playgrounds are not designed by lawyers.” And they’re awesome [Anna Winger, New York Times]
  • Controversy intensifies further on Scotland’s Named Person scheme [Scottish Mail on Sunday (“complete stranger” will be assigned as Named Person to each child over school holidays), Gerald Warner/CapX, earlier here and here]
  • Omar Mateen’s road to becoming a security guard: “He had issues. All the records were discarded by the school system, per statute. Clearly, if his employer had access to his juvenile record, he would be the last person to own a weapon.” [Yahoo]
  • Kansas Supreme Court orders state legislature to increase funding for poor districts [ABA Journal, earlier here, here, etc.]
  • Left-right cooperation on school reform begins to break down amid demands to toe social justice line [Robert Pondiscio]

International free speech roundup

  • Tonight in New York City, Cato presents its Milton Friedman Award to Danish journalist Flemming Rose, a key figure in the [still-ongoing] Mohammed cartoons episode, and author of The Tyranny of Silence [David Boaz, Cato]
  • Troubles in Turkey: journalists sentenced to two years in jail for reprinting Charlie Hebdo cover [Reuters, Reason] Erdogan’s campaign against foreign critics assumes extraterritorial reach with complaints against comedian in Germany and Geneva exhibit [Colin Cortbus/Popehat, Foreign Policy]
  • Ya mad wee dafty: “Man faces hate crime charge in Scotland over dog’s ‘Nazi salute'” [Guardian]
  • Publish a “wrong” map of India, face seven years in jail and a huge fine [Hindustan Times; “crore” = 10 million]
  • United Kingdom man fined £500 for calling romantic rival “fat-bellied codhead. [Blackpool Gazette]
  • Emulating USA tycoon D. Trump, China pressures finance analysts against negative forecasts [WSJ, Barron’s on the Marvin Roffman story, which I used to tell when giving speeches on my book The Litigation Explosion]

Campus climate roundup

  • Department of Justice: we’re going to use that Dear Colleague Title IX letter as a basis for prosecution, and colleges are going to need to crack down on speech if they want to stay in compliance [Eugene Volokh, Scott Greenfield, and FIRE, on University of New Mexico case] A brief history of how we got here from the Dear Colleague letter [Justin Dillon and Matt Kaiser, L.A. Times; my Commentary piece three years ago anticipating the basics] Why won’t even a single university challenge this stuff in court? [Coyote, earlier]
  • Dangers of “safe spaces”: Mike Bloomberg’s Michigan commencement address is getting noticed [Bloomberg View, Deadline Detroit, Soave] “Slogans Have Replaced Arguments” [John McWhorter]
  • Compulsory chapel will make no provision for adherents of dissenting sects: Oregon State plans training incoming freshmen in “social justice learning,” “diversity,” and “inclusivity.” [Robby Soave]
  • Running various departments at George Mason U. along lines recommended by Freire’s “Pedagogy of the Oppressed”: no problem. Naming law school after Antonin Scalia: that might politicize things [Michael Greve via Bainbridge]
  • USC cancels visiting panel of gaming industry stars because it’s all-male [Heat Street]
  • Harvard aims sanctions at students who join off-campus, unofficial single-sex clubs [The Crimson, FIRE, background Althouse, Greenfield]
  • Margot Honecker, hated DDR education minister, filled schools with indoctrination, informants. Glad that era’s over [Washington Post, Telegraph, SkyNews obituaries]

Wage and hour roundup

  • Finally, Republicans introduce bill to stop Obama’s overtime edict [SHRM, Connor Wolf, Veronique de Rugy] “Congress realizes new overtime rules stink” at least as applied to themselves [Suzanne Lucas, Evil HR Lady, earlier] Knowing whether you’re in FLSA compliance can be tricky enough to fool HR specialists [Eric Meyer]
  • “German army forced to lay down weapons due to ‘overtime limits'” [Telegraph, U.K.]
  • “Minimum Wage Hike Kills Popular Upstate NY Eatery” [Legal Insurrection] “Please don’t be the reason the future of our farm ends here and now” [WENY, upstate New York]
  • “How raising the minimum wage hurts disabled workers” [Naomi Schaefer Riley, Philanthropy Daily] Maryland moves to end exception that allowed workshop programs for the disabled to pay subminimum wages, and if clients sit at home as a result, at least they’ll have their rights on [Capital News Service]
  • Proposed D.C. ordinance restricting “predictive scheduling” of employee hours would snarl retail and restaurant operations [E. Faye Williams, Huff Post]
  • “Economically, minimum wages may not make sense,” said Calif. Gov. Jerry Brown, and then proceeded to sign the bill [Scott Shackford, Reason] “UC Berkeley Touts $15 Minimum Wage Law, Then Fires Hundreds Of Workers After It Passes” [Investors Business Daily]