Thursday, August 29, 2019

Make No Law: "Deplatformed"

Make No Law: "Deplatformed"

In the new episode of Make No Law, I speak with Professor Eric Goldman of the indispensable Law and Technology blog about the concept of "deplatforming": do you have a right, under the First Amendment or Section 230, not to be banned from social web sites or social media? Spoiler: no, definitively not.

Some key cites from the episode:

Section 230 of the Communications Decency Act

Marsh v. Alabama, the "company town" case

Manhattan Community Access v. Halleck, the 2019 Supreme Court case definitely repeating the "private providers are not public" rule

Pruneyard v. Robins, the California Supreme Court case about shopping malls

Ralph's Grocery v. United Food, a 2017 California Supreme Court case demonstrating how drastically the Pruneyard doctrine has been limited.

Copyright 2017 by the named Popehat author. https://www.popehat.com/2019/08/29/make-no-law-deplatformed/

All The President's Lawyers: The Most Commonly Committed Federal Crime

All The President's Lawyers: The Most Commonly Committed Federal Crime

This week's episode is now online: link.

Copyright 2017 by the named Popehat author. https://www.popehat.com/2019/08/29/all-the-presidents-lawyers-the-most-commonly-committed-federal-crime/

Thursday, August 22, 2019

All The President's Lawyers: Mean To Judges

All The President's Lawyers: Mean To Judges

This week's episode is here: link.

Copyright 2017 by the named Popehat author. https://www.popehat.com/2019/08/22/all-the-presidents-lawyers-mean-to-judges/

Free Speech Tropes In The Atlantic

Free Speech Tropes In The Atlantic

The Atlantic asked me to update my 2015 post on bogus and misleading First Amendment tropes offered in the media. Here it is: link.

Copyright 2017 by the named Popehat author. https://www.popehat.com/2019/08/22/free-speech-tropes-in-the-atlantic/

Thursday, August 15, 2019

All The President's Lawyers: Obsesses Loser Edition

All The President's Lawyers: Obsesses Loser Edition

From this week's episode: link.

Copyright 2017 by the named Popehat author. https://www.popehat.com/2019/08/15/all-the-presidents-lawyers-obsesses-loser-edition/

Tuesday, August 13, 2019

Thirty-Two Short Stories About Jeffrey Epstein

Thirty-Two Short Stories About Jeffrey Epstein

Today at The Atlantic: link.

Copyright 2017 by the named Popehat author. https://www.popehat.com/2019/08/13/thirty-two-short-stories-about-jeffrey-epstein/

Monday, August 12, 2019

Last Week On ATPL

Last Week On ATPL

Last week was all about impeachment, Roger Stone, Avenatti's presidential dreams, and thus and such. Available at KCRW.

Copyright 2017 by the named Popehat author. https://www.popehat.com/2019/08/12/last-week-on-atpl/

Friday, August 2, 2019

Hate Speech and Billboards: A Discussion At Above The Law

Hate Speech and Billboards: A Discussion At Above The Law

Over at Above the Law, Elie Mystal and I had a discussion over that North Carolina billboard: is it protected by the First Amendment (yes, obviously) and should it be (that one is more complicated.)

It's here.

Copyright 2017 by the named Popehat author. https://www.popehat.com/2019/08/02/hate-speech-and-billboards-a-discussion-at-above-the-law/