All Porn Is 'Violence Against Women,' U.K. Parliamentary Committee Says Plus: The SAFE TECH Act, Reason talks to young conservatives at CPAC, and more... Reason · Mar 3, 2023
The SAFE TECH Act Is Anything but Safe The latest bid to amend Section 230 would threaten free speech and creators' ability to monetize content while also subjecting tech companies to a flood of frivolous lawsuits. Reason · Mar 3, 2023
District Court Halts New York Law Forcing Online Platforms To 'Respond' to 'Hateful' Speech "Today's decision is a victory for the First Amendment that should be celebrated by everyone who hopes to see the internet continue as a place where even difficult and contentious issues can be debated and discussed freely," said one attorney. Reason · Feb 16, 2023
Missouri Media Groups' Letter About Closure of Court Cases From a letter (written by Mark Sableman of Thompson Coburn LLP), sent yesterday on behalf of the Missouri Broadcasters Association and Missouri Press Association to the Missouri Supreme Court, asking the court to create a rule "that governs the unusual circumstances when court hearings, files, or proceedings are closed to… Reason · Dec 14, 2022
"Free Speech, Same-Sex Marriage, and Anti-Discrimination Laws" A podcast conversation on 303 Creative between Joshua Matz and me, hosted by Jeffrey Rosen. Reason · Dec 10, 2022
New York Forces Websites To Monitor 'Hateful' Speech. A New Lawsuit Says This Violates the First Amendment. "The state of New York can't turn bloggers into Big Brother, but it's trying to do just that," said FIRE attorney Daniel Ortner. Reason · Dec 5, 2022
Supreme Court Debates Whether Web Designers Can Be Forced To Make Gay Wedding Pages A million hypotheticals bloom in arguments over when and where the government may compel speech. Reason · Dec 5, 2022
Volokh v. N.Y. A.G.: "New York Can't Target Protected Online Speech by Calling It 'Hateful Conduct'" From the Foundation for Individual Rights and Expression: Today, the Foundation for Individual Rights and Expression sued New York Attorney General Letitia James, challenging a new state law that forces websites and apps to address online speech that someone, somewhere finds humiliating or vilifying. The law is titled "Social media… Reason · Dec 1, 2022
Ninth Circuit Reverses "Provisional" Sealing of Appellate Brief in Interesting Free Speech Case Appellate briefs need to be treated as public documents, and (I argued) shouldn't be "provisionally" sealed for months or years without findings that such sealing (or, more often, redaction) is genuinely necessary. Reason · Oct 21, 2022
PayPal Says It Won't Fine Users $2,500 for Misinformation, but It Will Fine Them for 'Intolerance' "Sounds like a good reason to think twice about using PayPal," writes Eugene Volokh. Reason · Oct 10, 2022
The University of Idaho Tries To Force Faculty To Remain 'Neutral' on Abortion The policy, released this week, places unconstitutional prohibitions on faculty speech. Reason · Sep 29, 2022
Are Bumble Bees Fish? Are Fish Animals? My eponymous co-blogger Eugene Volokh has called attention to a case that involves the question whether a bumble bee is a "fish" for purposes of a California statute. This kind of problem of surprising statutory scope comes up often (mischief rule to the rescue!). This particular case brought to mind… Reason · Sep 25, 2022
Draft Motion to Get Access to an Interesting (but Sealed) Appellant's Brief in a First Amendment Case Should an appellate court provisionally seal a brief until the case is heard on the merits? Or should it try to make a redacted version promptly available? Reason · Sep 14, 2022
Crafting Laws That Limit Private-Employer-Imposed Speech Restrictions As I mentioned last week, ten years ago I wrote a descriptive and analytical law review article called Private Employees' Speech and Political Activity: Statutory Protection Against Employer Retaliation, which aimed to catalog these often-little-known statutes. This year, I'm returning to the subject, trying to analyze the strongest arguments for… Reason · Aug 10, 2022
WEKU · Aug 10, 2022 A Florida license plate has reopened the debate over the 'Don't tread on me' flag Gov. Ron DeSantis says a plate featuring the Revolutionary War-era Gadsden flag sends a "clear message to out-of-state cars." Others say the flag symbolizes a dangerous far-right extremist ideology.
Reason · Aug 9, 2022 No, 18 U.S.C. § 2071 Cannot Disqualify Trump From The Presidency That statute disqualifies a person from "holding any office under the United States."
The Independent UK · Aug 6, 2022 Alex Jones’ $49.3M verdict and the future of misinformation Infowars conspiracy theorist Alex Jones is facing a hefty price tag for his lies about the Sandy Hook Elementary School massacre — $49.3 million in damages and counting — for claiming the nation’s deadliest school shooting was a hoax
Reason · Aug 3, 2022 American Council of Education Claims Ending Racial Preferences in College Admissions Would Chill Speech Do First Amendment claims about racial preferences hold water?
Reason · Aug 3, 2022 Should the Law Limit Private-Employer-Imposed Speech Restrictions? Some Other Reasons Why As I mentioned yesterday, ten years ago I wrote a descriptive and analytical law review article called Private Employees' Speech and Political Activity: Statutory Protection Against Employer Retaliation, which aimed to catalog these often-little-known statutes. This year, I'm returning to the subject, trying to analyze the strongest arguments for and…
Reason · Aug 2, 2022 Should the Law Limit Private-Employer-Imposed Speech Restrictions? The Constitution limits the government's—including government employers'—power to discriminate based on race, sex, or religion. A federal statute and statutes in nearly all states applies these norms to private employers as well. Many libertarians disapprove of any such restrictions on private employers; but for nearly 60 years, American law has…
Reason · Jul 21, 2022 Constitutionally Protected Lies and the Practical Difficulties with the Fact vs. Opinion Distinction [I'm working on a draft article called When Are Lies Constitutionally Protected?, and I thought I'd serialize it here, since I still have plenty of time to improve it; I'd love to hear your thoughts on it! (You can also read the whole article here; all the posts about it…
Los Angeles Times · Jul 17, 2022 War on California gun laws revs up after Supreme Court’s ‘right to carry’ decision LOS ANGELES — For years, the relationship between Miranda and Richard Wallingford and their Huntington Beach neighbor Jessica Nguyen has been unhappy — if not outright hostile.
Reason · Jul 14, 2022 "The Law of Pseudonymous Litigation" Now Officially Published It's Eugene Volokh, The Law of Pseudonymous Litigation, 73 Hastings L.J. 1353 (2022); I hope it's a useful resource for judges, lawyers, professors, students, and even pro se litigants. I've tried to make it both analytical (setting forth in detail the key policy arguments and the key internal doctrinal structures)…
Reason · Jul 13, 2022 Politicians Defy the Supreme Court's Ruling on the Right To Bear Arms Several states are retaining subjective criteria for carry permits or imposing new restrictions on gun possession.
Los Angeles Times · Jul 12, 2022 California enacts sweeping gun control laws, setting up a legal showdown SACRAMENTO, Calif. — Less than a month after the U.S. Supreme Court ruled against restrictions on carrying firearms in public in a substantial victory for Second Amendment advocates, California Gov. Gavin Newsom has signed at least three major gun control measures into law to restrict access to the weapons and…