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19 Mar 2024, 6:24 am by Eugene Volokh
As to "the government … say[ing] to the [newspapers]" that they may not publish "classified information," Chief Justice Burger and Justices Harlan and Blackmun would have allowed the government to say just that in their Pentagon Papers dissent. [read post]
23 Dec 2023, 5:01 am by Eugene Volokh
Finally and, perhaps, ominously, Burger asserts that there is no constitutional requirement that schools maintain libraries at all. [read post]
3 Jul 2023, 11:11 am by Dale Carpenter
Or a Whopper, which was once promoted with the tagline, "Have it your way," indicating Burger King's willingness to tailor the burger to customers' taste preferences. [read post]
24 Jun 2023, 4:22 pm by Josh Blackman
The defendant, and co-blogger Eugene Volokh's amicus brief, contend that the so-called crime-facilitating speech doctrine does not apply with a civil offense like illegal immigration. [read post]
27 Feb 2023, 11:30 am by Eugene Volokh
But courts and schools may instead conclude otherwise, and be more persuaded by Chief Justice Burger's dissent. [read post]
18 May 2022, 5:01 am by Eugene Volokh
But courts and schools may instead conclude otherwise, and be more persuaded by Chief Justice Burger's dissent. [read post]
2 Jul 2021, 7:58 am by Eugene Volokh
(Back in the 1970s and 1980s, Justice White also powerfully criticized Sullivan, and drew some support from Chief Justice Burger.) [read post]
8 Feb 2021, 8:02 am by Eugene Volokh
Indiana (1973) (including Justice Rehnquist's dissent, likewise joined by Chief Justice Burger and Justice Blackman), and FCC v. [read post]
6 Jul 2020, 11:27 am by Eugene Volokh
City of San Diego, a 1981 case which also involved a law that favored commercial speech over other speech, including political speech; the Court there, like here, struck down this content-based preference, but over Justice Stevens' and Chief Justice Burger's and Justice Rehnquist's objections.) [read post]
28 Mar 2019, 8:56 am by Ronald Collins
For example, Chief Justice Warren Burger died nearly a quarter-century ago and his official biography has yet to be published. [read post]
27 Aug 2018, 2:58 pm by Eugene Volokh
I just went to Harlem Shake on 124 and Lenox for a Classic burger to go, that would my dinner, and the place is overrun with little Caucasian assholes who know their parents will approve of anything they do. [read post]
11 Jul 2018, 7:43 pm by Jonathan H. Adler
As Ken White documents on Popehat (and Eugene noted here), Judge Kavanaugh has adopted a very speech protective record on the D.C. [read post]
5 Mar 2018, 5:50 am by Gustavo Arballo
., emitió la opinión de la Corte, en la que se unieron BURGER, CJ, y DOUGLAS, BRENNAN, STEWART, MARSHALL y POWELL, JJ. [read post]
6 Jul 2017, 1:42 pm by Eugene Volokh
As Chief Justice Burger famously wrote in Richmond Newspapers v. [read post]
30 Nov 2015, 6:13 am by Eugene Volokh
The “speech integral to [illegal] conduct” exception, though largely dormant during the late Burger Court and the Rehnquist Court, was very important in the early decades of free speech law, and had roots going back to the 1910s. [read post]
18 Jun 2015, 12:42 pm
Some such plates promote universities (both in Texas and Texas’s rivals, such as Louisiana State), products (such as Mighty Fine Burgers and Dr. [read post]
30 Jan 2015, 11:18 am
Burger Professor of Law at NYU, will be guest-blogging next week about his new book, “The Eternal Criminal Record. [read post]