donal brown

No First Amendment violation in Maryland county gun safety law

A Maryland county gun safety law was upheld by the 4th Circuit U.S. Court of Appeals. The law required gun dealers to provide pamphlets to patrons about suicide prevention, conflict resolution and mental health. The three judge panel stated that the pamphlets did not deal with whether to purchase guns but instead were health and safety advisories so did not fun afoul of free speech protections. (Free Speech Center, January 25, 2024, by Brian White

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Prior restraint: SEC gag rule under fire

A Texan is challenging the Security and Exchange Commission’s gag policy that keeps defendants who settled with the commission from releasing statements that they did nothing wrong. The SEC claims the policy is necessary to prevent “misleading impressions” about its actions. (Bloomberg Law, January 24, 2024, by Mathew Bultman) In the meantime, the SEC denied the New Civil Liberties Alliance petition to amend the agency’s gag rule that prevent citizens from criticizing the SEC actions

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Villarreal loses in appeals, next stop U.S. Supreme Court

The 5th Circuit U.S. Court of Appeals ruled 9-7 against citizen journalist Priscilla Villarreal who sued Laredo police for damages after they arrested her for publishing identities of suicide and car crash victims that she obtained from a police officer. The Foundation for Individual Rights and Expression (FIRE) is seeking review from the U.S. Supreme Court. (Washington Examiner, January 24, 2024, by Kaelan Deese) In dissent Judge Don Willett criticized the granting of qualified immunity

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Newsroom cuts include legendary outlets, prospects dim

More bad news from the newsrooms, the worst perhaps the shrinking of the Los Angeles Times reporting staff by 20 percent. The newspaper had lost $30 to $40 million the last two years. Sports Illustrated, National Geographic and Time magazine have also laid off employees. (Poynter, January 24. by Angela Fu and Tom Jones) The loss of ad monopolies to the internet has hurt newspapers; the public goes to outlets like cars.com rather than look

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Smartmatic’s defamation lawsuit proceeds against Fox

The New York Supreme Court refused to dismiss Smartmatic’s $2.9 billion defamation lawsuit against Fox News. The court also ruled that Smartmatic must answer Fox claims that the defamation lawsuit restricted its free speech. (CNBC, January 25, 2024, by Jane C. Timm) Fox is contending that the billions in damages would quell the news outlet’s free speech. Smartmatic is asking for over three times what Fox paid Dominion Voting to settle their defamation lawsuit. (Courthouse

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