Posts Tagged ‘hate speech’

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]

Free speech roundup

  • Following similar rulings in Charleston, S.C., and Washington, D.C., federal judge rules Savannah violated First Amendment when it passed law forbidding unlicensed tour guides [Andrew Wimer, Institute for Justice]
  • Pursuing a leak, San Francisco cops raid home of freelance journalist Bryan Carmody, hold him captive, seize his equipment [Yashar Ali, CNN] “SF police got warrant to tap journalist’s phone months before controversial raid” [Evan Sernoffsky, San Francisco Chronicle]
  • Breadth of the Julian Assange indictment and implications for the First Amendment [Eugene Volokh]
  • Three concepts of “hate speech” related to religion, and their different legal treatment: “speech that denigrates religion as such; speech that threatens imminent violence against believers; and speech that insults or denigrates believers on the basis of religion” [Mark Movsesian and Marc DeGirolami podcast, Center for Law and Religion, St. John’s]
  • New York disciplines a civil servant over political opinions he expressed on Facebook. Can it do that? [Center for Individual Rights]
  • “Goldsmith … was charged with simple misdemeanor harassment for a Facebook post he made expressing his criticism of the policing methods he witnessed by an Adams County sheriff’s deputy at a local town festival.” [ACLU] Speaking of that organization: “ACLU (N.H.) Challenging Criminal Libel Statute” [Eugene Volokh last winter]

International free speech roundup

Free speech roundup

  • Getting together to do a national We’re-Not-The-Enemy-Of-The-People Day might not play to the strengths of an independent press [Jack Shafer; New York Post on why it did join, and L.A. Times on why it didn’t] Kevin Williamson wishes that many in the institutional press were more than just fair-weather friends of free speech values [NRO]
  • ““Racial Ridicule” Is a Crime in Connecticut — and People Are Being Prosecuted” [Eugene Volokh]
  • “Can Fake News Be Regulated?” Federalist Society policy brief video with Thomas Arnold;
  • Once you get past the headline, Adam Liptak’s NYT account of First Amendment differences at the Supreme Court is well done [Roger Pilon]
  • Is Internet freedom failing? [Knight Institute symposium with Jack Goldsmith et al.] How does moderation actually work at leading social media firms? [Kate Klonick, Harvard Law Review]
  • The ABA’s Model Rule 8.4(g), in the name of combating harassment and discrimination, encourages states to regulate many expressions of speech and association by lawyers that have incidental professional implications. The Supreme Court in its recent NIFLA v. Becerra decision cast a shadow on that [Josh Blackman, Scott Greenfield]

Free speech roundup

  • Senators have big plans for government regulation of social media but U.S. Constitution keeps getting in way [John Samples, Cato; David McCabe, Axios, earlier] “Censorship breeds censorship envy, and that’s true of private suppression by massively influential platforms such as Facebook as well as of governmental censorship.” [John Samples, Eugene Volokh]
  • Is it lawful for a state lawmaker to block someone on Twitter who’s publicly discussed ways of murdering him? [Dorit Reiss, PrawfsBlawg, earlier]
  • European Parliament delays adopting online copyright directive that critics said would result in Internet content filtering and royalties for linking [Thomas McMullan/Alphr, BBC earlier]
  • Is the ACLU OK with French catcalling law? [Robby Soave] With using government to keep the wrong sorts of people from owning radio outlets? [Scott Shackford, related]
  • Federalist Society telecast on Ninth Circuit decision on Idaho “ag-gag” law with UCLA lawprof Eugene Volokh and Andrew Varcoe of Boyden Gray & Associates;
  • “Arrests for offensive Facebook and Twitter posts soar in London” [Sadie Levy Gale, Independent] Downhill in Denmark: “How the Right Abandoned Free Speech in Europe” [Cato podcast and Reason interview with Jacob Mchangama]

Free speech roundup

  • Sen. Dianne Feinstein (D-Calif.) proposes to regulate social media bots, or to put it differently, to regulate a form of speech carried on through automated mechanisms [John Samples, Cato]
  • “The State of New Jersey Wants to Subsidize News. Uh-oh.” [Jack Shafer, Politico] Canada, farther down this road, moves toward outright government subsidies to newspapers [Mylene Crete and Jordan Press, Canadian Press]
  • “Court tosses disbarred lawyer’s suit over newspaper article on his ethics case with a ‘crime’ header” [ABA Journal]
  • Compelled speech in NIFLA v. Becerra: “A First Amendment Win in a Case That Was NOT about Abortion” [Ilya Shapiro and Meggan DeWitt, Eugene Volokh, Erica Goldberg] More: DeWitt Cato podcast;
  • New Nadine Strossen book on hate speech challenges some conventionally accepted ideas about its effects [John Samples, earlier] Man in Pennsylvania charged with felony ethnic intimidation after calling officers who were arresting him Nazis, skinheads, and Gestapo [Joshua Vaughn, The Appeal]
  • Will lawyers face punishment for using wrong-gender pronouns in social or bar-association activities? Lambda Legal suggests the answer is yes [Eugene Volokh]

Free speech roundup

  • Video now online of Nadine Strossen at Cato speaking on her new book Hate: Why We Should Resist It with Free Speech, Not Censorship. And John Samples kicks off series of blog posts about book [first, second]
  • Press vs. President: “the more tightly regulated media landscape of the early 1970s” played directly into Nixon’s hands [Matt Welch]
  • Romance writer’s bid to stop authors from using word ‘cocky’ fails in court [Alison Flood/Guardian, earlier]
  • “New law forces Google to suspend political ads in Washington state” [Timothy Lee, ArsTechnica]
  • “The Minnesota criminal harassment statute is equally dubious, applying when a person sends two or more tweets ‘with the intent to abuse, disturb, or cause distress.’ Really…?” [Venkat Balasubramani, Technology and Marketing Law Blog] “Crime in D.C. to Negligently Cause ‘Significant Mental Suffering’ by Saying Two Non-Political Things About Someone” [Eugene Volokh] “NY State Legislators Unanimously Pass A Cyberbullying Bill That Can’t Be Bothered To Define Cyberbullying” [Tim Cushing, TechDirt; Eric Turkowitz]
  • Blame failings of copyright law, not scholarly neglect, for long inattention to Zora Neale Hurston manuscript [Ted Genoways, Washington Post/Valley News]

Watch: Nadine Strossen at Cato

Today (Monday) at Cato, NYLS constitutional law professor and ACLU past president Nadine Strossen will speak on her new book “Hate: Why We Should Resist It with Free Speech, Not Censorship” with Prof. Louis Seidman of Georgetown Law and John Samples commenting and Roger Pilon moderating. You can watch here.

“This can’t possibly be consistent with the First Amendment”

California is prosecuting a man under state electronic-harassment law for posting five insults on an Islamic Center’s Facebook page [Eugene Volokh] A court filing by California Attorney General Xavier Becerra denies that the insults are protected speech or that the law is unconstitutional as applied. UCLA First Amendment expert Eugene Volokh writes, of California’s logic defending the prosecution: “This can’t possibly be consistent with the First Amendment.”

Related: New Jersey Supreme Court adopts narrow reading of criminal harassment statute so as to avoid covering repeated offensive speech which, though intended to annoy, does not invade privacy or put target in reasonable fear as to safety or security.