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1 May 2019, 9:00 am by David Bernstein
" As Eugene V. has explained on this blog, the case actually holds that there is a First Amendment right to advocate economic boycotts, not engage in them. [read post]
1 May 2019, 2:58 am by Walter Olson
.: Whole Earth 3 Nut Butter recalled for not displaying a “contains nuts” warning on the jar [Katie Morley, Telegraph] “Community College Reportedly Bans Pro-Second-Amendment Banner with Picture of Rifles” [Eugene Volokh] More on the dubious “hate crimes have surged” narrative, from Will Reilly of Kentucky State, who has a new book out [Nolan Finley, Detroit News, earlier] In Lamps Plus v. [read post]
29 Apr 2019, 3:28 pm by Eugene Volokh
This also reminds me of New Directions for Young Adults, Inc. v. [read post]
25 Apr 2019, 8:11 am by Eugene Volokh
But the Supreme Court has made clear that the First Amendment generally bans (see O'Hare Truck Service, Inc. v. [read post]
15 Apr 2019, 5:08 am by Eugene Volokh
City of Dallas, 493 U.S. 215, 240 (1990) (reaffirming this principle as to “prior restraint[s] in advance of a final judicial determination on the merits”); State v. [read post]
11 Apr 2019, 8:30 am by Eugene Volokh
The one possible difference between the criminal libel trial and the criminal contempt trial in a catchall injunction case is that a jury must be provided in most criminal cases—including criminal libel cases—if the maximum statutory authorized sentence is over 6 months (or some lower threshold set by state law), but a jury must be provided in criminal contempt cases only if the actual sentence is over 6 months. [read post]
11 Apr 2019, 8:30 am by Eugene Volokh
The one possible difference between the criminal libel trial and the criminal contempt trial in a catchall injunction case is that a jury must be provided in most criminal cases—including criminal libel cases—if the maximum statutory authorized sentence is over 6 months (or some lower threshold set by state law), but a jury must be provided in criminal contempt cases only if the actual sentence is over 6 months. [read post]