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16 Apr 2024, 1:00 pm by Eugene Volokh
According to the denial of rehearing order, In the en banc poll, eight judges voted in favor of rehearing (Chief Judge Richman and Judges Jones, Smith, Elrod, Ho, Duncan, Engelhardt, and Oldham), and nine judges voted against rehearing (Judges Stewart, Southwick, Haynes, Graves, Higginson, Willett, Wilson, Douglas, and Ramirez). [read post]
21 Feb 2024, 11:26 am by Scott Bomboy
Judge Leslie Southwick discarded the importance of the common carrier argument and believed the 11th Circuit ruling protecting the social media platforms’ First Amendment rights was correct. [read post]
3 Jan 2024, 1:31 pm by Jonathan H. Adler
Judge Haynes wrote the principal dissent, joined by Judges Stewart, Southwick, Higginson, and Douglas. [read post]
10 Sep 2023, 12:57 pm by Ilya Somin
While all six judges involved (including NetChoice dissenter Judge Southwick) are GOP appointees, this is an area where right-of-center judges disagree among themselves. [read post]
Southwick noted that a jury could decide that it should have been “obvious” to each officer that Shaw was in need of immediate medical treatment. [read post]
14 Jun 2023, 8:11 am by Epstein Becker Green
Flynn; Stephanie Southwick of Omni Bridgeway; and Mary Guzman of Crown Jewel Insurance—discuss the monetization of trade secrets litigation [read post]
14 Jun 2023, 8:02 am by Epstein Becker Green
Flynn; Stephanie Southwick of Omni Bridgeway; and Mary Guzman of Crown Jewel Insurance—discuss the monetization of trade secrets litigation [read post]
15 May 2023, 8:15 pm by Ilya Somin
Still, it may be worth noting that the motions panel included two conservative judges (Clement and Southwick) and one liberal (Higginson). [read post]
24 Feb 2023, 9:54 am by Josh Blackman
In dissent were Judges Jones, joined by Owen (now Richman), Wiener, Elrod, and Southwick. [read post]
8 Jan 2023, 4:25 am by jonathanturley
” Thirteen judges agreed with the conclusion though twelve (Chief Judge Richman and Judges Jones, Smith, Stewart, Elrod, Southwick, Haynes, Willett, Ho, Duncan, Engelhardt, and Wilson) reversed on lenity grounds while eight members (Judges Jones, Smith, Elrod, Willett, Duncan, Engelhardt, Oldham, and Wilson) reversed on the ground that federal law unambiguously fails to cover non-mechanical bump stocks. [read post]
6 Jan 2023, 5:11 pm by Eugene Volokh
"] From In re Murphy, decided yesterday by the Fifth Circuit (Judges Edith Brown Clement, Leslie Southwick, and Stephen Higginson): In May 2022, the States of Missouri and Louisiana, along with five individuals, sued various federal officials and departments in federal district court in Louisiana. [read post]
6 Jan 2023, 4:07 pm by Eugene Volokh
Twelve members (Chief Judge Richman and Judges Jones, Smith, Stewart, Elrod, Southwick, Haynes, Willett, Ho, Duncan, Engelhardt, and Wilson) reverse on lenity grounds. [read post]
1 Nov 2022, 7:34 am by David Post
[emphasis added] The Fifth Circuit, on the other hand, in upholding the Texas statute (by a 2-1 majority, with Judge Southwick dissenting), held that the platforms are not engaged in "speech" at all when they make their content-moderation decisions (which the court labels as "censorship"): Today we reject the idea that corporations have a freewheeling First Amendment right to censor what people say. . . . [read post]
Southwick’s partial dissent, he found that when social media platforms review their users’ content that may be moderated, permitted, promoted, boosted, etc., they are engaging in First Amendment-protected expression, and the Supreme Court will have the final word. [read post]
Southwick’s partial dissent, he found that when social media platforms review their users’ content that may be moderated, permitted, promoted, boosted, etc., they are engaging in First Amendment-protected expression, and the Supreme Court will have the final word. [read post]
20 Sep 2022, 9:22 am by Eric Goldman
The decision consists of three opinions from a three-judge panel: Judge Oldham’s majority opinion, Judge Jones’ concurrence (mostly), and Judge Southwick’s concurrence on the transparency piece and dissent on the rest. [read post]
16 Sep 2022, 2:12 pm by Eugene Volokh
Judge Leslie Southwick largely dissented; again, a short excerpt: Yes, almost none of what others place on the Platforms is subject to any action by the companies that own them. [read post]
18 Aug 2022, 12:26 pm by Josh Blackman
The majority opinion was written by Judge Jones, and was joined by Chief Judge Richman and Judges Smith, Stewart, Dennis, Southwick, Haynes, Costa, Ho, Duncan, Engelhardt, and Wilson. [read post]
10 Jul 2022, 4:51 pm by Brandon Duke
The panel for this argument included Judges King, Elrod, and Southwick. [read post]