Below the Fold

With the U.S. Supreme Court building in the background, Supreme Court nominee judge Brett Kavanaugh arrives prior to meeting with Senate Majority Leader Mitch McConnell on Capitol Hill in Washington, U.S., July 10, 2018. REUTERS/Joshua Roberts     TPX IMAGES OF THE DAY

Handman and Zycherman: “Fear Not: New York Times v. Sullivan Heartily Embraced by the Court’s Newest Jurist, Justice Kavanaugh”

The post is another essay in response to Justice Clarence Thomas’s concurrence from a denial of certiorari in the case of  McKee v. Cosby (2019). The previous post was by Lee Levine & Stephen Wermiel: Dubious Doubts and ‘the Central Meaning of the First Amendment’—A Preliminary Reply to Justice Thomas (March 1, 2019). By Laura Handman & Lisa Zycherman Justice Clarence Thomas recently[Read More…]

March 12, 2019 Below the Fold, Essays, Libel
U.S. Supreme Court Justice Clarence Thomas participates in taking a new family photo with his fellow justices at the Supreme Court building in Washington, D.C., U.S., June 1, 2017. REUTERS/Jonathan Ernst

Levine and Wermiel: “Dubious Doubts and ‘the Central Meaning of the First Amendment’—A Preliminary Reply to Justice Thomas”

March 1, 2019 By Lee Levine and Stephen Wermiel   There are any number of obvious responses to Justice Clarence Thomas’s misguided assertion in McKee v. Cosby (2019) that New York Times v. Sullivan (1964) ought to be overruled. They include the overwhelming academic consensus applauding the decision both at the time and thereafter; the proper role of original intent[Read More…]

March 1, 2019 Below the Fold, Essays, Libel
Supreme Court Justice Clarence Thomas Calls On the Court to Reconsider Landmark Libel Case

Supreme Court Justice Clarence Thomas Calls On the Court to Reconsider Landmark Libel Case

Calling for the reconsideration of the actual malice standard is a major attack on New York Times v. Sullivan.

March 1, 2019 Below the Fold, Libel
A couple sits under the words of the First Amendment of the U.S. Constitution, which declares the right to freedom of speech and freedom of the press, at the U.S. Federal Courthouse in Boston, Massachusetts, U.S., September 4, 2018. REUTERS/Brian Snyder

First Amendment News Releases First Newsletter In Collaboration With FIRE

Welcome Back, First Amendment News!  This week, First Amendment News (FAN), a weekly blog highlighting news and updates about freedom of expression, launched its first newsletter hosted and supported by the Foundation for Individual Rights in Education (FIRE). The newsletter, previously hosted by Concurring Opinions, will continue to focus on judicial decisions, legal news, scholarship, and events, and will periodically publish essays[Read More…]

February 22, 2019 Below the Fold
FILE PHOTO: U.S. President Donald Trump gestures during a campaign rally at El Paso County Coliseum in El Paso, Texas, U.S., February 11, 2019. REUTERS/Leah Millis -/File Photo

BBC Cameraman Shoved By Trump Supporter During Rally In El Paso, Texas

February 13, 2019: The Physical Attack Followed Verbal Assaults A man in a red “Make America Great Again” hat shoved and yelled at a BBC cameraman during a Trump campaign rally at the El Paso County Coliseum, briefly interrupting the president’s speech. BBC cameraman Ron Skeans was working on a raised press platform during the rally when he says a[Read More…]

February 14, 2019 Below the Fold, Press
FILE PHOTO: Jeff Bezos, founder of Blue Origin and CEO of Amazon, speaks about the future plans of Blue Origin during an address to attendees at Access Intelligence's SATELLITE 2017 conference in Washington, U.S., March 7, 2017. REUTERS/Joshua Roberts/File Photo

“Extortion And Blackmail”: Bezos Makes Accusations Against National Enquirer Public

February 8, 2019: AMI Claims That Publishing Intimate Photos of Bezos Is Newsworthy Amazon’s CEO Jeff Bezos is accusing American Media, Inc. of blackmail and extortion in a blog post that included a series of threatening emails Bezos says he received from AMI and its lawyer. Bezos writes that after the National Enquirer, which is owned by AMI, published an exposé rife with intimate[Read More…]

February 8, 2019 Below the Fold, Libel, News Gathering, Press
Cans of soda are displayed in a case at Kwik Stops Liquor in San Diego, California February 13, 2014. Sodas and most other sugar-sweetened drinks sold in California would be required to carry warning labels for obesity, diabetes and tooth decay under a bill introduced in Sacramento on Thursday and backed by several public health advocacy groups. REUTERS/Sam Hodgson (UNITED STATES - Tags: POLITICS FOOD HEALTH)

Federal Appeals Court Blocks San Francisco Requirement For Health Warning On Soda Ads

The ordinance required advertisements for sugary drinks to include a health warning that occupied 20% of the ad.

February 6, 2019 Below the Fold, Speech
FILE PHOTO: People holding mobile phones are silhouetted against a backdrop projected with the Twitter logo in this illustration picture taken September 27, 2013. REUTERS/Kacper Pempel/Illustration/File Photo

Another Judge Rules That Politicians Censoring Critics On Twitter Violates The First Amendment

January 18, 2019: Three Republican Officials Blocked A Liberal Advocacy Group A federal judge ruled that three Republican members of the Wisconsin State Assembly violated the First Amendment rights of a liberal advocacy group by blocking the group’s account from their respective Twitter pages. The group, One Wisconsin Now (OWN), filed a lawsuit in 2017 against Assembly Speaker Robin Vos,[Read More…]

January 23, 2019 Below the Fold, Censorship, Speech
Methuen Square in Methuen, Massachusetts

Massachusetts Mayor Can Pursue Defamation Suit Against Local Paper, Judge Rules

January 3, 2019: The Judge Said That Five Statements Made In The Column In Question “Are Disputed Issues of Fact”  A judge is allowing a defamation lawsuit brought by the mayor of Methuen, Massachusetts James Jajuga to go to trial against the publisher of a local monthly paper over comments made in a column published last March. The judge denied publisher[Read More…]

January 3, 2019 Below the Fold, Libel
Tesla and SpaceX CEO Elon Musk speaks with Los Angeles Mayor Ken Garcetti (unseen) in a "fireside chat" at the National League of Cities (NLC) 2018 City Summit in Los Angeles, California, U.S. November 8, 2018. REUTERS/Kyle Grillot

Citing First Amendment Rights, Musk Seeks To Dismiss Defamation Suit

Tesla and SpaceX CEO Elon Musk is asking a judge to dismiss a libel claim against him brought by a British diver involved in the international rescue mission of young boys trapped in a flooded cave in Thailand, arguing that his Tweets calling the diver a “pedo” and “child rapist” were an opinion and could not be construed as facts.

January 2, 2019 Below the Fold, Libel, Offensive Speech