Protected Speech

The Ninth Circuit ruled a lower court improperly denied an immigrant’s habeas petition, which argued that his arrest and re-detention was “retaliation for his protected speech.” The immigrant was re-arrested less than 36 hours after he read a poem that criticized Immigration and Customs Enforcement practices. The government has the burden to show that it “would have taken the same action even in the absence of the protected conduct.”

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Free Speech

A defamation case against the state of Louisiana, its legislative auditor and its state inspector general can continue, an appeals court in the state ruled, finding the defendants are “juridical persons rather than natural persons,” and don’t have a constitutional right to free speech. David LaCerte, the former secretary of the Louisiana Department of Veterans Affairs, claims the defendants wrongfully accused him of criminal conduct in a report and press release.

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S. Korea Bans Flying of Leaflets Toward N. Korea by Balloon

South Korea’s parliament on Monday approved contentious legislation criminalizing the flying of anti-communist leaflets by balloon toward North Korea, despite fierce criticism that the country is sacrificing freedom of expression to improve ties with the rival North.

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