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5 Jun 2023, 9:17 am by Eugene Volokh
Say, for instance, you run a website, and someone sends you an order declaring certain material on the site to be libelous—an order addressed not to you, but to one of your users—and asks you to take down the alleged libel. [read post]
5 Jun 2023, 8:22 am by Eugene Volokh
Brunetti (the "FUCT" case), the Court struck down certain limits on trademark registration that the Court viewed as viewpoint-based: the ban on marks that "disparage … persons, living or dead, institutions, beliefs, or national symbols" (Matal) and the ban on "immoral or scandalous" marks (Iancu). [read post]
3 Jun 2023, 10:45 am by Eugene Volokh
The post Court Strikes Down Tennessee Ban on Pornographic Performances by "Male or Female Impersonators" Where Minors Can See Them appeared first on Reason.com. [read post]
1 Jun 2023, 5:16 pm by Eugene Volokh
Whether plaintiff can keep her 69PWNDU plate was thus not resolved, because the appellate court sent the case back down to the lower court for further proceedings. [read post]
1 Jun 2023, 10:29 am by Eugene Volokh
But the constitutionality of that law — like many other provisions restricting gun ownership — is newly in question after a precedent-rocking decision the Supreme Court handed down almost a year ago. [read post]
31 May 2023, 11:21 am by Eugene Volokh
Jackson, written by Chief Justice Boggs, strikes down the 2016 Georgia Lactation Consultant Practice Act, which requires lactation consultants to have an International Board Certified Lactation Consultant (IBCLC) license, issued by a private licensing organization (or "a license issued by another jurisdiction if the requirements for that license are equal to or greater than" the IBCLC requirements): IBCLC certification may be obtained in three different pathways, each of which… [read post]
30 May 2023, 5:01 am by Eugene Volokh
John Doe 2 and Plaintiff informed McCausland they did not want to come to the room; McCausland read this message aloud before responding "No, you guys have to come down tonight. [read post]
25 May 2023, 8:19 am by Eugene Volokh
.: "I love [you] no matter what, and that whatever he is when he's an adult and down the road, that I will love him, but he needs to respect that his father doesn't actually hold the same beliefs due to my Biblical beliefs. [read post]
24 May 2023, 5:01 am by Eugene Volokh
A DVRO is unsuitable for a former partner who called the petitioner a "'cold bitch'" and "'spoiled brat,'" where the trial court found he was excitable, frantic or agitated and needed "to calm down" but found that no threats were made. [read post]
19 May 2023, 11:37 am by Eugene Volokh
One could imagine a legal rule that generally forbids all such protests, to prevent such a risk, or allows them to be shut down whenever the police get any indication of any risk of violence. [read post]
15 May 2023, 10:29 am by Eugene Volokh
Gutierrez didn't want to hear Martinez's criticism and told Martinez to sit down. [read post]
15 May 2023, 8:07 am by Eugene Volokh
He sat down on the Ikea stool, blocking with his back the courtyard Behind the window. [read post]
15 May 2023, 5:01 am by Anthony Sanders
Then, depressed, Jane glances down to the end or near the end of both bills of rights. [read post]
8 May 2023, 5:01 am by Eugene Volokh
When citizens stand back and police stand down, the result is more failures of justices…. [read post]
5 May 2023, 8:33 am by Eugene Volokh
He piled a large quantity of clothing on top of and around the body and placed four empty storage totes upside down on top of the clothing. [read post]
2 May 2023, 7:23 am by Eugene Volokh
" … [But u]se of government regulations or statutes as pretext to shut down an organization or business because of the content of its speech or some undesired secondary effects of that speech violates the First Amendment. [read post]
29 Apr 2023, 9:36 am by Eugene Volokh
The court's main point was that, given the decision in Bruen, which came down while the appeal was pending, petitioner had a constitutionally protected right to carry, even without a showing of special need. [read post]