So holds the Kansas Court of Appeals, in reasoning that applies equally to any clothing that displays a message; the defendant in this particular case was on trial for setting fire to a truck that was displaying Confederate flags.
Robin Hood, affordable housing cronyism, and a free nipple split.
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."
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.
An analysis of the amicus briefs in the Establishment Clause / cross monument case, from Eric Rassbach at the Becket Fund.
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.
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.
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.
Please share it widely -- there will be at least nine more in the upcoming months.
Episode 251 of the Cyberlaw Podcast
First Amendment limitations on libel and other torts are complicated
The EPA and Supreme Court set the stage for important legal decisions on the scope of the Clean Water Act.
On Jan. 27, two days before the alleged attack, Smollett posted that "Frauds are everywhere."
My second and final post debunking various misconceptions and bad legal arguments about anti-BDS laws
My 2015 critique of Presidents Day is, if anything, even more relevant four years later.
Correcting various misperceptions about the scope and constitutionality of laws barring state contractors from boycotting Israel-related people and companies.
Come see the new movie about immigration attorney Judy Wood!
My latest article on James Madison and constitutional practice, with some criticisms and related links
The court concluded that property may only be condemned for projects that will proceed in "the reasonably foreseeable future."
A clear violation of the First Amendment -- and not even justified under the College's own stated reasons.
A few thoughts on the First Circuit's separation of powers ruling on the Puerto Rico bankruptcy board
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.
Zestimates, Big Girl Panties, and Scabby the Rat
The more a president governs unilaterally, the greater the stakes of every election, and that's a bad thing.
Guyora Binder and Luis Chiesa break it down, and some quibbles.
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!
"Defendant shall not post on the internet ... any information whatsoever regarding William Siegle."
A new, misleading voter initiative seeks to repeal I-200, which banned state-sponsored discrimination or preferential treatment based on race, sex, etc.
Calabresi and Lawson's new manuscript arguing that the Special Counsel is unlawful.
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.
But the new ordinance violates the First Amendment, because it tends to deter (and deliberately so) association with an advocacy group.
Zillow has no obligation to take down (or revise) property value estimates to which the property owners object.
The Michelle Carter case and the complex relationship between causation and mental health.
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.
Clarifications and regrets.
The discussion stemmed from a student's reading a sentence in class from James Baldwin's The Fire Next Time.
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.
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."
An important reminder from a recent Iowa Supreme Court decision; some lawyers know this point well, but many don't.
