Today in Supreme Court History: December 23, 1745

12/23/1745: Chief Justice John Jay's birthday.

Chief Justice John Jay

Comments

[Dan Schiavetta]

International News Service v. Associated Press, 248 U.S. 215 (decided December 23, 1918): wire services can’t steal stories from one another (the Court, creating pre-Erie “federal common law”, held that this was common law misappropriation of property; such a tort in this context has been preempted by the Copyright Act of 1976, see 650 F.3d 876)

Singer Mfg. Co. v. Rahn, 132 U.S. 518 (decided December 23, 1889): sewing machine salesman was agent of employer (even though working on commission) and therefore employer was liable when salesman ran his horse-drawn cart into plaintiff

Capital Square Review and Advisory Board v. Pinette, 510 U.S. 1307 (decided December 23, 1993): denying stay of order forcing state of Ohio to allow Ku Klux Klan to put up a “Latin cross” in front of statehouse because harm already done and it would be removed the next day anyway (upon full appeal the Court held that under First Amendment private parties cannot be prevented from putting up unattended cross on publicly owned square designated by law as forum for public discussion of issues, 515 U.S. 753, 1995) (btw the cross, anchored in temporary fashion in a pail of cement, sure looks like it’s ready to be burnt on the lawn of some black family — look at the photo and judge for yourself — https://www.mtsu.edu/first-amendment/article/734/capitol-square-review-and-advisory-board-v-pinette)

[SRG2]

Re: INS - Surely "empted" rather than "pre-empted" - or "post-empted" if there is such a word (and now there is...)

[Dan Schiavetta]

I think preempted is correct. Anyone trying to sue on this tort today would find that it's preempted by statute.

[SRG2]

This is not the hill 🙂

[Dr. Ed 2]

"(btw the cross, anchored in temporary fashion in a pail of cement, sure looks like it’s ready to be burnt on the lawn of some black family — look at the photo and judge for yourself)"

I did, and are you *really* that stupid?

Those are two solid pieces of wood, possibly 4" x 4" timbers, fastened together. Put a match to it and absolutely nothing is going to happen, with the possible exception of burnt fingers if you hold onto the match too long.

When the Klan burns a cross, they *start* with this and then wrap the whole thing in fabric (think "sheets") that are soaked in Diesel fuel, and then tightly secure that with wound bailing wire. THEN you can light it with a match.

If they had wrapped it with cloth secured with bailing wire, even absent the Diesel fuel, I'd agree with you -- but here it is just a wooden cross put up by losers too lazy to give it a second coat of paint. The Klan? Or RAK? There is no way to know who put it up there, nor why...

NB: There is nothing in the First Amendment about *coherent* speech nor an *understandable* message -- Harvard Square in the 1970s was a good example of both.

[bernard11]

I always like it when Jay's turn comes around, just because of that robe.

[Dan Schiavetta]

Is he wearing the robe, or is the robe wearing him?

[Rev. Arthur L. Kirkland]

After reading this account of the type of disaffected conservative gun nut and antisocial, superstitious misfit our military is taking these days . . . does anyone know the screen name Jack Teixeira used at the Volokh Conspiracy?

[The Margrave of Azilia]

The non-sexist term you're looking for is the "four equestrians."