Short Circuit: A Roundup of Recent Federal Court Decisions
Robin Hood, affordable housing cronyism, and a free nipple split.
Volokh Conspiracy
"Cyberstalking" Ban Violates the First Amendment
So a federal district court in Washington just concluded, about a Washington statute that criminalized "anonymous or repeated" speech intended "to harass, ... torment, or embarrass."
Saint Judy tonight (Fri 2/22) at 7 p.m., Emory Law School (Atlanta)
Come see a screening of this movie about immigration/asylum attorney Judy Wood, which will be released in theaters in a week, with Q&A with director and screenwriter afterward.
"The American Legion Briefing: Four Characters in Search of an Establishment Clause Standard"
An analysis of the amicus briefs in the Establishment Clause / cross monument case, from Eric Rassbach at the Becket Fund.
Prosecutors Violated the Rights of Jeffrey Epstein's Victims
Today a federal judge held that federal prosecutors concealed from the victims the non-prosecution agreement with Jeffrey Epstein -- in violation of the Crime Victims Rights Act. Now the issue is what remedy exists.
Trump Administration Loses Yet Another Sanctuary City Case - this Time in the US Court of Appeals for the Third Circuit
In a case brought by the City of Philadelphia, the court struck down a Justice Department policy conditioning federal law enforcement grants on assisting federal immigration enforcement policy.
Supreme Court Rules that Excessive Fines Clause Applies to States and Constrains Civil Asset Forfeiture
The decision in Timbs v. Indiana is a significant step forward for property rights and civil liberties, though a key issue remains to be resolved by lower courts.
"Free Speech Rules," My New YouTube Video Series -- Episode 2 (Hate Speech) Now Out
Please share it widely -- there will be at least nine more in the upcoming months.
How to draft an Executive Order on alien abductions
Episode 251 of the Cyberlaw Podcast
Justice Thomas's Skepticism of New York Times v. Sullivan
First Amendment limitations on libel and other torts are complicated
Let the WOTUS Wars Commence
The EPA and Supreme Court set the stage for important legal decisions on the scope of the Clean Water Act.
Jussie Smollett's Largely Overlooked Tweet on Fraud Two Days Before the "Attack."
On Jan. 27, two days before the alleged attack, Smollett posted that "Frauds are everywhere."
Everything You Wanted to Know about Anti-BDS Laws, Part II
My second and final post debunking various misconceptions and bad legal arguments about anti-BDS laws
Why No Congress Day, Judiciary Day, or Separation of Powers Day?
My 2015 critique of Presidents Day is, if anything, even more relevant four years later.
Everything You Wanted to Know about Anti-BDS Laws, Part I
Correcting various misperceptions about the scope and constitutionality of laws barring state contractors from boycotting Israel-related people and companies.
Screening of Saint Judy at Emory Law School, Fri 2/22 at 7 p.m.
Come see the new movie about immigration attorney Judy Wood!
Constitutional Liquidation
My latest article on James Madison and constitutional practice, with some criticisms and related links
New Jersey Court Strikes Down Use of Eminent Domain to Take Property to "Bank" it for Possible Future Use
The court concluded that property may only be condemned for projects that will proceed in "the reasonably foreseeable future."
Community College Bans Pro-Second-Amendment Banner with Picture of Rifles
A clear violation of the First Amendment -- and not even justified under the College's own stated reasons.
The Invalidation of the PROMESA Appointments
A few thoughts on the First Circuit's separation of powers ruling on the Puerto Rico bankruptcy board
Vox Symposium on the Legality of Trump's Plan to Use Emergency Powers to Build the Wall
A variety of legal experts weigh in on the subject, including me. Most conclude Trump may have the authority to declare an emergency, but not to spend funds and seize property for the wall.
Short Circuit: A Roundup of Recent Federal Court Decisions
Zestimates, Big Girl Panties, and Scabby the Rat
The Dangers of Government by Executive
The more a president governs unilaterally, the greater the stakes of every election, and that's a bad thing.
Libertarianism vs. Utilitarianism in Encouragement of Suicide
Guyora Binder and Luis Chiesa break it down, and some quibbles.
The Perils of Trying to Use Emergency Powers to Build Trump's Wall
A summary of the reasons why Trump lacks the power to use emergency powers to build his border wall, and why it would cause great harm and set a dangerous precedent if he did. Other than that, it's a great idea!
Another "Stop Talking About Him" Order -- Apparently Covering Even Republishing Police Report
"Defendant shall not post on the internet ... any information whatsoever regarding William Siegle."
Washington State Voters Should Take Notice of This
A new, misleading voter initiative seeks to repeal I-200, which banned state-sponsored discrimination or preferential treatment based on race, sex, etc.
Calabresi & Lawson: "Why Robert Mueller's Appointment As Special Counsel Was Unlawful"
Calabresi and Lawson's new manuscript arguing that the Special Counsel is unlawful.
Dark Law: Published Michigan Precedents on Protection Orders Missing from Westlaw
Three cases, including the two leading Michigan precedents on the First Amendment and restraining orders, are invisible to lawyers who rely on Westlaw. Lexis is also missing two of the three, but it's changing its policies to include them. And a federal statute is behind this.
Los Angeles Demanding That City Contractors Disclose Ties to the NRA
But the new ordinance violates the First Amendment, because it tends to deter (and deliberately so) association with an advocacy group.
Zestimates, Estimates, and Opinions
Zillow has no obligation to take down (or revise) property value estimates to which the property owners object.
Telling People to Kill Themselves
The Michelle Carter case and the complex relationship between causation and mental health.
Why Rep. Omar was accused of indulging in anti-Semitic rhetoric
It's not about AIPAC. She suggested that the only reason a Republican would call her out for past anti-Semitic comments was that he was paid off by Jewish money.
Neomi Rao's Letter to the U.S. Senate Committee on the Judiciary
Clarifications and regrets.
Professor at Augsburg University (Minnesota) Suspended for Classroom Discussion About Quoting the Word "Nigger"
The discussion stemmed from a student's reading a sentence in class from James Baldwin's The Fire Next Time.
Lesson on Islam Didn't Violate Establishment Clause or Free Speech Clause
The Fourth Circuit rejects a challenge to a history class being shown a slide stating "Most [Muslims'] faith is stronger than the average [Christian's]," and being required to fill in the blanks in "There is no god but __ and Muhammad is the __ of Allah," as part of a worksheet on the "Five Pillars" of Islam.
Court Reverses Order That Barred Former Church Member from Saying Anything About Pastor
The order, entered under the Illinois Stalking No Contact Order Act, barred Chester Wilk from "communicating, publishing or communicating in any form any writing naming or regarding [Pastor Eric Flood], his family or any employee, staff or member of the congregation of South Park Church in Park Ridge."
"Rational Basis" Test Not So Deferential Under Many State Constitutions
An important reminder from a recent Iowa Supreme Court decision; some lawyers know this point well, but many don't.
English Woman Reportedly Arrested, Partly for "Misgendering" Trans Activist, Ordered by Court to Stop
A judge "issued an interim injunction that bans [Kate Scottow] from posting any personal information about [Stephanie] Hayden on social media, 'referencing her as a man' or linking her to her 'former male identity.'"
