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27 Apr 2023, 10:16 am by Eugene Volokh
 The Florida and Texas social media platform viewpoint-neutrality statutes were indeed challenged under the Dormant Commerce Clause—and though the courts didn't reach the challenges because they struck down the statutes on other grounds, the question will doubtless recur as states increasingly seek to regulate social media platforms. [read post]
26 Apr 2023, 5:56 am by David Post
Many attempts by States to enforce their laws against out-of-state websites were accordingly struck down as impermissibly burdensome on interstate commerce, in significant part because of these difficulties of determining user location. [read post]
25 Apr 2023, 7:10 am by Eugene Volokh
And, for what it is worth, the New York Times was not far behind in erroneously asserting that U.S. castle doctrine and stand-your-ground provisions afford greater protection to those who act pursuant to "misjudgments and mistakes," and then doubling down by proclaiming that castle doctrine laws "give people in their own homes the legal presumption of self-defense if they harm an intruder. [read post]
21 Apr 2023, 8:16 am by Daniel J. Gilman
Also, a Wall Street Journal op-ed by Eugene Scalia and Svetlana Gans. [read post]
14 Apr 2023, 10:34 am by Neil H. Buchanan
  Most people in the post-WWII world have rejected eugenics, but there is in fact a disturbingly large element of eugenics-inspired thinking in the pet project of some right-wing billionaires called longtermism, and some of them are even willing to say out loud that they think that eugenics has gotten a bad rap and needs only to shed its Nazi taint. [read post]
13 Apr 2023, 4:08 am by Seán Binder
Eugene Scott and Andrew Solender report for Axios. [read post]
7 Apr 2023, 9:27 am by Eugene Volokh
Eugene Volokh, Kansas Voters Reject Repeal of State Constitutional Abortion Rights, by >58%-42% Margin, Reason: The Volokh Conspiracy (Aug. 2, 2022, 11:43 PM), https://‌reason.com/‌volokh/‌2022/‌08/‌02/‌kansas-voters-reject-repeal-of-state-constitutional-abortion-rights-by-60-40-margin [https://‌perma.cc/‌X3PG-DYAV]. [6]. 142 S. [read post]
4 Apr 2023, 6:36 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]
3 Apr 2023, 6:39 am by Eugene Volokh
And while the issue has mostly broken down along conservative-liberal lines, that isn't entirely so (as Justice White's example also helps show): Early in her career then-Professor Kagan had expressed skepticism about the New York Times rule as well, at least in some measure; likewise, see, e.g., Prof. [read post]
31 Mar 2023, 4:26 pm by Eugene Volokh
The post Ban on Knowingly False Statements During Emergencies Struck Down on First Amendment Grounds appeared first on Reason.com. [read post]
30 Mar 2023, 2:06 pm by Eugene Volokh
That practice, according to plaintiff in that same complaint, continued unabated down to election day on May 8, 2018, and beyond. [read post]
29 Mar 2023, 7:27 pm by Eugene Volokh
As a result, the Dons of the world will often settle, and agree to take down or retract their statements; the threat even of legally unfounded litigation might silence them. [read post]
29 Mar 2023, 4:39 pm by Eugene Volokh
There's long been a dispute about whether religious freedom provisions limit the government's power related to religious sites on government land. [read post]
27 Mar 2023, 6:05 am by Eugene Volokh
Pacira's allegations boil down to disagreements about the reliability of the methodology and data underlying the statements. [read post]
27 Mar 2023, 5:00 am by jonathanturley
Below is my column in the Hill on why Trump’s future may come down to the calendar rather than the evidence. [read post]
27 Mar 2023, 4:06 am by Seán Binder
Eugene Daniels reports for POLITICO. [read post]
26 Mar 2023, 8:53 am by Eugene Volokh
The Supreme Court struck down the directors' censorship as an unconstitutional prior restraint. [read post]