As if to prove that a person can file suit about anything, Professor James Tracy has sued the Florida Atlantic University over his termination. Mr. Tracy is the person who some months ago denied that the Sandy Hook massacre occurred. The parents of one young victim, Noah Pozner, 6 years old, claimed that Mr. Tracy
First Amendment
Supreme Court Expands Free Speech Protections

People talk about "free speech rights" all the time. But, in reality, our free speech rights are rather limited. Until the U.S. Supreme Court’s decision in Lane v. Franks, No. 13-483 (6/19/14), for example, "free speech" did not apply to speaking publicly about a co-worker at the risk of one’s job. Edward Lane testified before…
Blogger Remains in Jail
I write a blog. For me, a blog is commentary, not a news source. I cannot imagine trying to cover news from a blog. But, Roger Shuler has been doing just that with his blog, Legal Schnauzer. And, now he has been arrested for defamation.
Mr. Shuler writes a blog from Brimingham, Alabama. He…
Officer Fired for Her Facebook Comments
Susan Graziosi had been employed by the Greenville, Mississippi Police Department for some 26 years when a fellow officer was killed in the line of duty in Pearl, Mississippi. The Greenville P.D. chose not to send an officer to the funeral in Pearl, some two or three hours away. Sgt. Graziosi objected to that failure…
“Liking” a Candidate on Facebook is Protected Free Speech
The Fourth Circuit overruled a lower court decision and found that "liking" a candidate is protected free speech. A public sector employee "liked" the losing candidate for Sheriff. The winning candidate then cleaned house of his opponent’s supporters. He fired the "likers," See ABA Bar Journal report. But, now the appellate court has overturned…
Fifth Circuit Reverses Summary Judgment
It is not often that the Fifth Circuit overturns summary judgment. The chances of that happening are about ten percent, according to one study. I previously discussed that study here. in Haverda v. Hays County, No. 12-51008 (5th Cir. 7/17/13), the 20 year employee Richard Haverda supported the incumbent in his race for…
Texas Lawyer Sues over Rights to Web Address
A Lubbock, Texas lawyer has filed suit against against the Texas Department of Insurance, Worker’s Compensation Division because the Texas Dept. of Insurance sent him a "cease and desist" letter. The TDI had sent John Gibson a letter warning him to stop using the words "Texas" and "worker’s compensation" in the web address. Mr. Gibson…
Supreme Court Upholds Rights of Protestors
The Supreme Court says it is permissible to protest at funerals for dead service members with very provocative signs, such as "You are Going to hell," "Thank God for dead soldiers" and worse. See Yahoo news report. As an Iraq veteran, I would like to "free speech" that pastor in the face. He is deliberately…
Three Teachers Fired After Complaining to KENS 5
In a recent lawsuit, three former teachers claim their First Amendment rights were violated after they told a KENS 5 reporter that their principal kept some sex toys in her office. See San Antonio Express News report. The three teachers formerly taught at Gabriel Tafollla charter school in Uvalde. They had complained to a…