Free Speech

Craigslist Sues South Carolina AG Over Threats of Criminal Prosecution

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Tired of being bullied by South Carolina Attorney General Henry McMaster, craigslist is going on the offensive.  CEO Jim Buckmaster announced on the craigslist blog today that that craigslist is suing McMaster in South Carolina federal court, seeking "declaratory relief and a restraining order with respect to criminal charges he has repeatedly thre

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FCC v. Fox: Rethinking the Regulation of Indecent Speech in a Time of Pervasive Media

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Earlier this week the Supreme Court handed down its eagerly awaited decision in FCC v. Fox.  In a 5-4 vote, the Court rejected Fox's argument that the Federal Communication Commission had violated the Administrative Procedure Act (APA) by failing to give sufficient justification for its new policy banning "fleeting expletives" on broadcast radio and television.

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What We Often Take For Granted: Robust Protections for Speech

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Over the past few weeks everyone at the CMLP and Harvard's Cyberlaw Clinic (with whom we share an office) has been focused on the question of what legal protections courts should apply to anonymous speech (see this post about our amicus participation in the Maxon v. Ottawa Publishing case).  When you are immersed in an issue like this, it is easy to forget how lucky we are to live in a country that has robust protections for speech.

In a post earlier this week, University of Ottawa law professor Michael Geist reminds us that our neighbor to the north is grappling with this same issue, but has come up with a very different answer.  In his post, Geist reports that an Ontario court has ordered the operators of the right-wing Canadian forum site, FreeDominion.ca, to turn over personally identifying information for eight anonymous posters to the site.

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Another Reminder to Choose Your Hosting Service Carefully

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My colleague Ethan Zuckerman just put up a disturbing post about Kubatana, a prominent Zimbabwean NGO, which saw its site taken down because its hosting provider, Bluehost, got cold feet after it discovered the site contained content from (gasp!) Zimbabwe.

Kubatana, among other things, hosts websites for prominent activist organizations like Women of Zimbabwe Arise.  For the past two years, Kubatana has hosted a joint blog for a wide range of Zimbabwean citizens that has, according to Ethan, "been one of the key sources of information and perspective for people around the world who follow Zimbabwe, and a critical outlet for Zimbabweans who have few other ways to communicate."

Ethan reports:

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Juicy Campus Dies - Holmes' Posse Rejoices

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Juicy Campus -- often the target of anti-free-speech types in higher education has died. And I am glad.

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You Aren't as Free as You Think - Your Private Emails Can Land You in Jail

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In the latest case involving the absurd and unconstitutional obscenity statutes, the Fourth Circuit has upheld a conviction of a man for mere private possession of allegedly obscene material. See United States v. Whorley, __F.3d__ (4th Cir. 2008). While the facts may not fit any conduct in which you might engage, the logic could very well ensnare you one day.

Read on. You should be outraged.

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Patriot Act’s National Security Letter Gag Provisions Choke on First Amendment Grounds

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The Second Circuit Court of Appeals struck down one of the most constitutionally repugnant provisions of the PATRIOT Act -- the portions of the Act that place recipients of so-called "national security letters" (NSLs) under a permanent, unreviewed, lifetime gag order. See Doe v. Mukasey, __ F.3d __ (2d. Cir. 2008).

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N.H. Supreme Court Rules that Porn is not Prostitution

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The Supreme Court in the state where "Live Free or Die" adorns the license plates has answered the question "why can't producers of adult films be charged with prostitution?" The short answer -- because it would violate the First Amendment (or at least the New Hampshire Constitution's equivalent thereof). See New Hampshire v. Theriault, No. 2007-601 (N.H. Sup. Ct. Dec. 4, 2008). 

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News Links

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I usually send this out to the CMLP's team of intrepid bloggers to pique their interest, but with the Thanksgiving holiday upon us, I figured I'd avoid the middleman. 

Things that caught my eye this week...

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Nude Bike Riding Protected by the First Amendment

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Michael "Bobby" Hammond, 21, inspired by his recent participation in the annual World Naked Bike Ride -- an event that protests against car culture, decided to take his vintage 10-speed bicycle for a spin through the streets of Portland, Oregon while wearing nothing but a bicycle helmet.

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