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6 Mar 2018, 9:53 am by Eugene Volokh
" The Supreme Court has long recognized that nonverbal conduct, such as the burning of a draft card to protest the war, sleeping in a park to protest treatment of the homeless, or wearing an army uniform in an anti-war film is entitled to a measure of constitutional protection. [read post]
28 Sep 2016, 2:50 pm by Eugene Volokh
[V]iewed in context, a jury reasonably could conclude that the defendant’s speech directed at Susan that was contained in each of the last three letters qualified as true threats… [S]ome of the specific comments in the letters, such as Susan’s possible future need to have plastic surgery to change her appearance as a self-protective measure, her current need to move out of their home, provocative warnings to Susan about attending town meetings, and the reference to Michael having… [read post]
8 Dec 2015, 6:18 am by Eugene Volokh
One way of recognizing that is looking at the definition in the 1994-2004 federal assault weapons ban; the ban lists several types of guns by name, and then provides these generic definitions: (B) a semiautomatic rifle that has an ability to accept a detachable magazine and has at least 2 of– (i) a folding or telescoping stock; (ii) a pistol grip that protrudes conspicuously beneath the action of the weapon; (iii) a bayonet mount; (iv) a flash suppressor or threaded barrel designed to… [read post]
14 Apr 2020, 2:14 pm by Eugene Volokh
We have had readings or slides discussing cross-burning, and depicting swastikas and Confederate flags connected to cases or problems. [read post]
5 Aug 2022, 6:17 am by Eugene Volokh
A recent act of hateful vandalism at the future PRYDE senior housing facility in Hyde Park threatened burning and death against the LGBTQ+ community. [read post]
16 Nov 2022, 6:05 am by Eugene Volokh
I express no opinion on the merits, but the passage seemed to be worth passing along; its authors are noted lawyers Marc Randazza, David Gingras, and John Burns. [read post]
11 Feb 2021, 9:34 am by Eugene Volokh
" (On Kristallnacht, 90 Jews were murdered because they were Jewish, out of a population of 1 million in Germany and Austria, more than 1000 synagogues were burned, and there was much more as well; thankfully, that isn't happening any day, much less every day, to any group in America.) [read post]
2 Jun 2023, 12:30 pm by Eugene Volokh
Finally, we wish to thank the many assistant researchers and editors who supported us at various stages on this project, and in particular Sarah Burns, the late-stage editor who consolidated these essays into a single work and whose thousands of small, sharp edits elevated the material in so many ways. [read post]
19 Nov 2014, 6:04 am
He contends that scheduling the trial of a fundamentalist Muslim during the anniversary of the September 11, 2001 attacks, following “substantial media coverage of the Ground Zero Mosque and Quran Burning controversies,” deprived him of an impartial jury and a fair trial. [read post]
7 Jun 2020, 2:55 pm by Eugene Volokh
If people are conspiring to burn or bomb or even just vandalize abortion clinics, or animal research facilities, or synagogues, or buildings that happen to be near demonstrations, or for that matter the property of a rival mafia family or street gang, that's of course a crime. [read post]
15 Feb 2023, 6:13 am by Eugene Volokh
A Boston Globe article (Hilary Burns) unsurprisingly reports that Harvard declined to comment on the lawsuit. [read post]
1 May 2017, 3:02 pm by Eugene Volokh
So as this point, we don’t have a concrete proposal, or even (as with the flag-burning reference) a specific indication of what a proposal would look like if there were a proposal. [read post]
10 Jan 2022, 9:23 am by Eugene Volokh
Shouting "burn it down" or "break in and ransack" to a mob standing in front of a building, with the purpose of causing them to commit crimes, is constitutionally unprotected—indeed, whether the speech consists of knowing lies or even opinions or truthful statements. [read post]
3 Sep 2022, 8:51 am by Eugene Volokh
Paul (1992), the Court declared unconstitutional a criminal ordinance that prohibited the display of burning crosses, Nazi swastikas, and other symbols that the perpetrator had reasonable grounds to know would arouse "anger, alarm or resentment in others on the basis of race, color, creed, religion or gender. [read post]
20 Oct 2022, 11:07 am by Jonathan Bailey
  Understanding the Plagiarism According to an article by Eugene Volokh at the The Volokh Conspiracy, the case deals with a flag burning at a protest in Pennsylvania. [read post]
2 Aug 2018, 11:54 am by Eugene Volokh
If the government wanted to ban physical objects with electronics and moving parts when they contained (or displayed) pictures of Mohammed, or of a burning flag, or of white people in blackface, that would violate the First Amendment because the restriction is applied because of what the physical objects communicate to people. [read post]