From the Eleventh Circuit, a reminder that First Amendment protections against government employer action are much weaker than the protections against the government as sovereign (especially, but not only, when the speech is also "disrespectful, demeaning, rude, and insulting").
In recent years, exclusionary zoning and other regulatory restrictions have begun to block housing construction in areas where it was once relatively easy.
The appeals court vacated a preliminary injunction that had been based on her First Amendment rights
So an Eleventh Circuit panel held today, by a 2-1 vote.
Legal experts are concerned that immigration judges with only six weeks of training will not uphold constitutional protections for migrants.
The company's surrender to Trump's extortion vindicates his strategy of using frivolous litigation and his presidential powers to punish constitutionally protected speech.
The Justice Department cannot constitutionally prosecute a news outlet for covering the news.
Plaintiff claimed that the search results violated his "right of publicity," and also that the output was defamatory because it "uses a 'negative algorithm' that promotes negative stories about Garmon while suppressing positive stories about him—or, at least, pushing the positive stories down the list of search results."
The owners faced fines of up to $18,000 for keeping the pig within city limits.
The U.S. Court of Appeals for the 5th Circuit is considering whether the president properly invoked the Alien Enemies Act to deport alleged gang members.
Today's D.C. Circuit decision muddies the matter still further.
New laws aimed at protecting kids online won’t work, and could even make things worse. Parents, not politicians, are the best defense against digital dangers.
And the U.S. Constitution doesn't preclude this result.
"So whatever hard to imagine rationalization Haverford might offer for obscuring the content of its actual bias policy—an artifice reminiscent of Dean Wormer's 'double secret probation'—I find the demarcation 'draft' to be of no legal import."
Jim Ryan is the latest casualty in Trump's unconstitutional war against elite universities.
Plus: Conservatives won big overall this year at the Supreme Court.
The panelists included Peter Byrne (Georgetown), Wesley Horton (counsel for New London in the case), Timothy Sandefur (Goldwater Institute), and myself.
Alexandra Weaver argued that she could not reasonably have been expected to know her actions were unconstitutional.
The child, and her 12-year-old brother, were left under the supervision of a neighbor by the mother, who left town for six days for a foreign job interview.
"[B]oth parties exchanged these Snapchat videos while they were intoxicated and their judgment was impaired. Notwithstanding, the communications were private and intended to be jokes between close friends."
America is slipping steadily down the slippery slope to a surveillance state.
The Supreme Court's decision in Free Speech Coalition v. Paxton weakens the First Amendment rights of adults everywhere.
Democratic critics of the new program overlook the injustice of permanently disarming Americans who pose no threat to public safety.
More government agencies are using facial recognition for enforcement than ever before.
Prohibiting the distribution of porn to minors, the Court says, legitimately carries with it some burdens on adults as well, when the burdens are closely linked to distinguishing the adults and the minors.
"Strict scrutiny is unforgiving because it is the standard for reviewing the direct targeting of fully protected speech.... [A]s a practical matter, it is fatal in fact absent truly extraordinary circumstances."
Dismissing asylum applications for migrants who entered the U.S. unlawfully would boost immigration-related arrests, but have little impact on public safety.
The Seventh Circuit is generally much more hesitant than courts in other circuits to allow pseudonymity in such cases.
The presumptive Democratic nominee for mayor of New York has repeatedly missed opportunities to forthrightly condemn antisemitic violence.
The Florida Supreme Court concludes that, among other things, the allegations were knowingly or recklessly false.
That's inevitable. It should also be deeply troubling to anyone who cares about constitutional government.
The Trump administration continues its war against disfavored speech.
Free speech, assembly, and protest—not government action—have powered LGBTQ+ progress in America.
The Supreme Court's ruling striking down laws banning same-sex marriage was a great victory for liberty and equality. But it should have been based on better legal reasoning.
