PRIVACY + SECURITY BLOG

News, Developments, and Insights

high-tech technology background with eyes on computer display

Webinar – Privacy Law and the First Amendment Blog

In case you missed my webinar on Privacy Law and the First Amendment, you can watch the replay here.  I had a great discussion with Gautam Hans (Cornell Law) about several recent First Amendment cases that intersect with privacy law — the NetChoice cases. Also, if you’re interested, I wrote a blog post about the […]

First Amendment Expansionism and California’s Age-Appropriate Design Code

First Amendment Expansionism 02

The recent district court decision in NetChoice v. Bonta (N.D. Cal., Sept. 18, 2023) holding that the California Age-Appropriate Design Code (CAADC) likely violates the First Amendment is a ridiculously expansive interpretation of the First Amendment, one that would annihilate most regulation if applied elsewhere.  This decision is one of a new breed of opinions […]

Counterman and the U.S. Supreme Court’s Overly Mechanical First Amendment Protection of Threats

Threat Counterman 01

In Counterman v. Colorado (June 27, 2023), the U.S. Supreme Court held that in order for a defendant to be convicted of a crime for making a threat to another person, the “State must show that the defendant consciously disregarded a substantial risk that his communications would be viewed as threatening violence.”  In other words, […]

Restoring the CDA Section 230 to What It Actually Says

CDA 230 02

When Donald Trump targeted the Communications Decency Act (CDA) Section 230, a debate about the law flared up.  Numerous reforms were proposed, some even seeking to abolish the law.  Unfortunately, the debate has been clouded with confusion and misinformation. Although I disagree with many of the proposals to reform it or abolish Section 230, I […]

The Hulk Hogan Gawker Sex Video Case, Free Speech, and the Verdict’s Impact

Wikicommons - Public Domain Photo by Kristin Fitzsimmons

In a high-profile privacy lawsuit, former pro-wrestler Hulk Hogan won a $115 million jury verdict against Gawker for posting his sex video without his consent. Hulk Hogan, whose real name is TerryBollea, brought a lawsuit for invasion of privacy and other torts.  Under one of the main privacy torts — public disclosure of private facts […]

J.K Rowling, Defamation and Privacy Law, and the Chilling of the Media

JK Rowling and Privacy

A common argument made to justify First Amendment restrictions on privacy torts and defamation law is that legal liability will chill the media.  I am generally sympathetic to these arguments, though only to a point.  I think these arguments are often overblown.  An interesting point of comparison is the UK, where there is a much […]

Off-Campus Cyberbullying and the First Amendment

Cyberbullying

The U.S. Court of Appeals for the Fourth Circuit recently upheld a school’s discipline of a student for engaging in off-campus cyberbullying of another student.  In Kowalski v. Berkeley County Schools, — F.3d — (4th Cir. July 27, 2011), a student (Kara Kowalski) created a MySpace profile called “S.A.S.H.,” which she said was short for […]

When Can Public Schools Discipline Students for Off-Campus Speech?

Bull Horn 01

I’ve been spending a lot of time lately focusing on privacy issues at schools.  I find these issues fascinating, and I have been working on them in the trenches, as I created a company last year to provide tools and resources to schools to help them better address privacy problems and to develop a comprehensive […]

Nothing to Hide: The False Tradeoff Between Privacy and Security

Nothing to Hide

I’m pleased to announce the publication of my new book, NOTHING TO HIDE: THE FALSE TRADEOFF BETWEEN PRIVACY AND SECURITY (Yale University Press, May 2011).  Here’s the book jacket description:

An Interview with Ronald Collins on Justice Holmes and Free Speech

Ron Collins The Fundamental Holmes

  In his new book, The Fundamental Holmes: A Free Speech Chronicle and Reader (Cambridge University Press, 2010), Ronald Collins guides us through the free speech writings of Justice Oliver Wendell Holmes, Jr.   Ron is the Harold S. Shefelman scholar at the University of Washington School of Law and a fellow at the Washington, D.C., office […]