New Report Says Trump Did Not Order Shutdown of Lafayette Square Protests
After the U.S. Park Police (USPP) led law enforcement to forcibly shut down a mostly peaceful protest on Lafayette Square in Washington, D.C., an hour before a city-wide curfew on June 1st, 2020, the protestors and the press have pushed for answers about who was responsible for the decision. More than a year later, the Department of Interior has published a report with some answers.
Divided Federal Appeals Court Panel Rules that Palm Beach Man’s Mansion is Not Expressive Conduct
Is a house – even a carefully planned 20,000 square foot mansion – a form of expressive conduct protected by the First Amendment or is it primarily a place to eat, sleep, and live without expressive elements? That was the question that led to a spirited debate among a sharply divided three-judge panel of the Eleventh U.S. Circuit Court of Appeals in Burns v. Town of Palm Beach.
Biden Justice Department Says It Plans to Defend Trump in Sexual Assault Libel Suit
Trump is being sued by former Elle columnist E. Jean Carroll for denying that he raped her in a department store changing room in the 1990s. The Biden administration’s decision to continue supporting this case does not bode well for Carroll. Federal officials are typically given broad protections from civil lawsuits.
Anti-Abortion Group Loses First Amendment Case Against City of Detroit
On June 7th, a Michigan federal court dismissed a First Amendment challenge filed against the city of Detroit by a group of anti-abortion protesters. The case offers an interesting look at how courts balance public safety concerns against the right to protest.
Minnesota Appeals Courts Finds Substantial Truth Doctrine Protects Online Reviewer
A former customer’s online review of a person and business who worked on her home was not defamatory because the challenged statements in the review were substantially true, a Minnesota appeals court has ruled.
SCOTUS Ruling in Van Buren A Win for Data Journalists and Security Researchers
On June 3rd, the Supreme Court overturned a lower court's ruling that could have set a dangerous precedent for data journalists and security researchers. The case focused on the interpretation of a federal hacking law, and whether it could apply to an individual who is given access to a computer or online information, but uses it in an unauthorized manner.
Senator Cruz Prevails in Campaign Finance Lawsuit
On June 3rd, U.S. Senator Ted Cruz prevailed in a lawsuit he filed against the Federal Election Commission (FEC) following his 2018 reelection campaign. Cruz claimed that a $250,000 limit on repaying personal loans with post-election campaign contributions constituted a violation of free speech rights.
One would think that those running Stanford Law School—an elite law school within an elite university—would know well what students’ First Amendment rights are, and what speech is protected by those rights. That’s why it was so jarring to see administrators there recently threaten a student’s graduation over a satirical email he sent to the law school community.