Free Speech
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Elon Musk’s Legal Filings Against Twitter Show How Little He Actually Cares About Free Speech
You have to fight for free speech.
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FL AG Takes Victory Lap After Eleventh Circuit Dropkicks The State’s Ridiculous Social Media Law
State’s top lawyer lying about a court order? No, say it ain’t so!
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Clearview AI Is Basically Making The Dark Knight Database Thing And It’s Legal
Privacy and intimacy as we know it will be a memory.
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Joe Biden Yells A Dumb Anti-Free Speech Trope In An Uncrowded Congress
Remember that precedent that never existed and isn’t good law anyway?
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A Lack Of (Good) Faith: Why Social Media Needs To Respect Section 230 Immunity
Call me old fashioned, but I actually like the healthy exchange of ideas.
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Consistency is the hobgoblin of fair people.
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It’s just not going to happen.
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Surprisingly, knee jerk reactions make for bad policy.
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Why Is The Washington Post Publishing Blatantly False Propaganda About Section 230?
This isn’t even remotely how Section 230 works.
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Supreme Court OKs Retaliatory Arrests For Engaging In Protected Speech
So much for those protections.
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* In the wake of Justice Anthony M. Kennedy’s retirement, I predicted that Chief Justice John Roberts, a staunch institutionalist when it comes to the Supreme Court, would serve as a moderating influence at SCOTUS — and so far that seems to be the case, with Adam Feldman noting a “a mild liberalizing over time” in JGR’s jurisprudence. [Empirical SCOTUS]
* Speaking of SCOTUS, it’s high time for the Court to resolve the messy circuit split on email privacy under the Stored Communications Act, according to Orin Kerr. [Volokh Conspiracy / Reason]
* The Trump Administration’s new executive order about free speech on university campuses might harm rather than help the cause of academic freedom, as Paul Horwitz points out. [PrawfsBlawg]
* Republicans aren’t the only ones with purity tests for judicial nominations; Demand Justice, a left-wing group focused on the federal judiciary, has high standards for Democratic opposition to Trump nominees. [Bench Memos / National Review]
* While you wait for the 2019 edition of Above the Law’s law school rankings, check out the latest installment of the “revealed preferences” law school rankings, by C.J. Ryan and Brian L. Frye. [SSRN]
* What’s next for Kira Systems, a leader in the world of legal AI? Co-founder and CEO Noah Waisberg isn’t resting on his laurels — and he’s putting that $50 million investment from last September to work. [Artificial Lawyer]
* Fastcase continues to forge new partnerships — and in its latest alliance, it will give its subscribers access to select titles from the American Bar Association (which, full disclosure, published my book (affiliate link) in 2014). [Dewey B Strategic]
* If you’ll be in New York this coming Wednesday, consider attending the inaugural Kenneth P. Thompson ’92 Lecture on Race and Criminal Justice Reform at NYU Law School, focused on wrongful convictions and the roles of prosecutors and others in the criminal justice system. [NYU Law]
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Maybe Fewer Rules Will Solve Toxic Social Media. But Probably Not.
Recent debate focuses on social media’s pernicious problems.
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* It’s the first day of the bar exam in a number of jurisdictions. These young lawyers have suggestions for your last month of freedom. [Young Lawyers Advisory Board]
* Jeff Sessions is withholding funding from local law enforcement. Just the latest example of Dummy the House Elf’s curious interpretation of being “tough on crime.” [NJ.com]
* Now Trump will meet with Mueller? Oh, he’ll talk to Mueller about anything but obstruction. So I guess they could discuss the weather. [Time]
* Stormy Daniels is getting a divorce. [NY Times]
* After a dicey back and forth with the ABA, NCCU has retained its accreditation. [News & Observer]
* The EU keeps fining American companies. American companies keep right on monopolizin’. [The Economist]
* Jonathan Turley goes all “get off my lawn” about Millennials and free speech. Magistrate Judge James Donohue points out that Millennials might appreciate free speech more if they had any reason to believe people like Turley weren’t trying to turn it into a pay-to-play right. [Courthouse News Service]
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* Which lawyers and law firms scored the most SCOTUS arguments this Term? Adam Feldman has the tally. [Empirical SCOTUS]
* And speaking of the Supreme Court, what can lawyers learn from linguists about Heller and the Second Amendment? [LAWnLinguistics]
* Adam Kolber discusses the phenomenon of “judicial bulls**t” — and wonders whether the justices would fail Philosophy 101. [Daily Journal via PrawfsBlawg]
* Are Justice Neil Gorsuch’s long-winded concurrences contributing to the Supreme Court slowdown this Term? Andrew Hamm crunches some numbers. [SCOTUSblog]
* Many of the major precedents in the school free-speech context feature liberal students — but conservative kids can play this game too. [Volokh Conspiracy / Reason]
* Lex Machina’s latest foray into litigation analytics covers the world of trade secrets. [Dewey B Strategic]
* Relativity: not just for ediscovery anymore. [Artificial Lawyer]
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That Time I Got Suspended On Twitter For Calling Kanye West An ‘Uncle Tom’ And Other Things
My first Twitter suspension is not a First Amendment issue, just a Twitter being stupid issue.
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