Baughman Law

Insights

A curated resource of published articles, original blog posts, and frequently asked questions addressing significant legal issues and emerging trends.

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Published Articles

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Wolff v. Trump and the preemptive anti-SLAPP gambit: A tale of two statutes

When Melania Trump’s attorneys sent journalist Michael Wolff a Florida pre-suit demand letter threatening a billion-dollar defamation suit, Wolff didn’t… Read More »

Defamation By Chatbot: Why Section 230 Doesn’t Protect The New Tech

This article argues that Section 230’s immunity, which has protected tech platforms from liability for third-party content for 30 years,… Read More »

Are Politicians’ Sex Lives a ‘Matter of Public Concern’?

I explore whether politicians’ sexual privacy can be protected when explicit material about them becomes public. I explain that First… Read More »

Do Social Media Companies “Speak” by Curating Your News Feed? The Jury Is Out.

I examine whether social media platforms “speak” when they curate user content, an issue central to pending Supreme Court cases… Read More »

Will SCOTUS Reconsider Virtual Child Porn Laws in Light of Deepfake Culture?

I examine whether the Supreme Court may reconsider laws regulating virtual child pornography as AI-generated deepfakes become more realistic. Although… Read More »

Why Government Regulation of Social Media Threatens 1st Amendment Rights

I argue that government efforts to influence social media moderation risk undermining First Amendment protections by enabling indirect censorship. In… Read More »

Do First Graders Have Free Speech Rights? Why It Matters

In this article, I critique a federal district court’s ruling that a first-grader has no First Amendment rights after she… Read More »

The Quiet Threat That Could Muzzle Free Speech

In this column, I warn that government “jawboning”—government pressure on media or platforms to suppress speech—poses a serious threat to… Read More »

The End Is Near for Absolute Power in Private California High Schools

In this article, I critique the unchecked disciplinary authority that many private high schools wield over students. I explain how… Read More »

Can State Anti-Slapp Laws Apply in Federal Court?

In this article, I address an important procedural question: whether state anti-SLAPP statutes can be applied in federal diversity cases.… Read More »

6th Circuit’s Sandmann Ruling Blurs the Distinction Between Fact and Opinion

In this article, I analyze the Sixth Circuit’s Sandmann v. New York Times Co. decision, where the court affirmed dismissal… Read More »

Anti-Slapp Protection to Public Records Requester Answers Some Questions, but Begs Others

In this article, I discuss a California Court of Appeal decision with important implications for public records requesters and anti-SLAPP… Read More »

Blog Posts

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How A Campus Speech Dispute Opened the Door to National Debate: The UC Berkeley Settlement

In 2017, UC Berkeley – once known as the birthplace of the free speech movement –faced a federal lawsuit that… Read More »

When Speaking Out Gets You Punished: The Real Cost of First Amendment Retaliation

Government employees, students at public institutions, and citizens engaging with public agencies all share a fundamental right: they cannot be… Read More »

What Happens When Schools Skip Due Process: The Real Cost of Getting It Wrong

When a high school student faces serious disciplinary action – suspension, expulsion, or other life-altering consequences – the school’s obligation… Read More »

The Anatomy of an Effective Demand Letter: What Makes Publishers Take You Seriously

Two business owners discovered false statements published about them in separate news articles. Both contacted attorneys. Both sent demand letters… Read More »

The First 72 Hours: Why Speed Matters When False Statements Go Viral

A tech executive checked his X account on a Monday morning to discover that a business competitor had posted a… Read More »

The Retraction That Saved a Reputation: Why Post-Publication Advocacy Often Beats Litigation

A prominent surgeon woke up to an email from a colleague: “Have you seen what they’re saying about you online?”… Read More »

Pre-Publication Review: A Strategic Partnership for High-Stakes Journalism

You’ve spent months building your investigation. The sources are solid. The documents are irrefutable. But you’re staring at a paragraph… Read More »

The $300,000 Mistake: Why Pre-Publication Review Pays for Itself

A national news organization published an investigative piece accusing a prominent business executive of financial fraud. The story was compelling,… Read More »

Representative Speaking Engagements

  • Sound and Fury: Morality, Ideology and the rise of “Cancel Culture”, Thomson Reuters Institute, 2020
  • Battling Corporate Internet Trolls: Going After Imposters and Competitors That Break the Law, Strafford MCLE Presentation, 2020
  • Free Speech Panel, UC Berkeley School of Law, 2017
  • Free Speech Panel, Golden Gate University School of Law, 2017