Archive
Scales of Justice

Can a Public Body Censure Its Members Without Raising First Amendment Concerns?

A public body censures one of its members who had been criticizing the body, filing lawsuits against the body, and accusing the body of not complying with state law.  The public body then censures the member. The member claims that the censure was a retaliatory act against his critical speech. This scenario forms the basis of the case, Houston Community College System v. Wilson, that the Supreme Court will review this term. 

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Project Veritas Sues CNN for Defamation

Project Veritas, a conservative organization known for surreptitiously recording its subjects, filed a defamation lawsuit against CNN on April 26th. The lawsuit alleges that news anchor Ana Cabrera defamed the company during a broadcast on February 15th. Project Veritas claims Cabrera falsely suggested on air that the organization’s Twitter account was suspended for “promoting misinformation.”

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Blake Bailey

Publisher Removes Philip Roth Biography From Print Due to Sexual Assault Allegations Against the Author

The publisher’s actions highlight an unresolved tension between the desire to hold bad actors accountable and the possibility of depriving the public of valuable literary and artistic ideas. While some have expressed concerns about W.W. Norton's decision to stop printing and distributing a widely praised biography, others see it as a step towards a future where powerful people are held accountable for their behavior.

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Justices Question Whether Student’s Snapchat Rant Caused a Substantial Disruption

In oral arguments on April 28th in a case involving a former high school student kicked off her cheerleading squad for a profane social media post, the Court explored whether school officials could discipline the student under the Supreme Court’s decision in Tinker v. Des Moines Independent Community School District (1969).    

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Three-Judge Panel Vacates Injunction; Reduces Limitations on Circulation of 3D-Printed Gun Files

A three-judge panel of the U.S. Court of Appeals for the Ninth Circuit vacated a preliminary injunction concerning 3D-printed gun files on April 27th. The injunction, which had been granted by U.S. District Court Judge Robert Lasnik in March of 2020, stopped agency rule changes instituted during the Trump administration from being carried out.

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The Supreme Court Case That Could Define the Next Era of Student Speech Rights

On Wednesday, April 28th, the Supreme Court heard oral arguments in a student speech case, Mahanoy Area School District v. B.L. We compiled basic information about the facts of the case, the legal questions at issue, and what experts are saying about it.

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FAC

First Amendment Coalition Sues California County for Access to COVID Data

On April 22nd, the First Amendment Coalition (FAC), a nonprofit public interest organization, filed a lawsuit against Ventura County in Southern California. FAC alleges the County violated the California Public Records Act (CPRA) after failing to appropriately respond to two requests for information regarding data on COVID-19 outbreaks and deaths, thus violating the right of access under the First Amendment.

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Kesha

Music Producer “Dr. Luke” Not a Public Figure, NY Appellate Court Rules

Dr. Luke is suing pop star Kesha over claims she made that he raped both her and singer Katy Perry. Free expression groups have argued that courts should interpret the public figure doctrine more broadly in libel suits involving sexual assault claims.

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