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29 Mar 2023, 5:01 am by Eugene Volokh
If you just blithely ignore it, and publish the story despite having been told that it may well be mistaken, that would be textbook "reckless disregard," which would allow liability even in a public official case: Consider, for instance, Harte-Hanks Communications, Inc. v. [read post]
8 Mar 2023, 9:51 am by George Croner
In a recent Just Security article (the first in a series on foreign intelligence reform) Elizabeth Goitein from the Brennan Center for Justice described Section 702 of the Foreign Intelligence Surveillance Act (FISA) as “a go-to domestic spying tool for the FBI” and predicted that this intelligence collection authority, ”will not be renewed without a major overhaul” while describing General Nakasone’s comments as “tone deaf” “boilerplate. [read post]
26 Oct 2022, 6:58 am by INFORRM
In Club Madonna Inc v City of Miami Beach __ F 4th __ (11th Cir; 1 August 2022), Newsom J (concurring) argued that First Amendment doctrine has too many standards, tests, and factors, and called for a “return to first principles”. [read post]
27 Sep 2022, 10:34 am by Eugene Volokh
Dep't of Corr. (6th Cir. 2004) (prison security and inmate safety and privacy); see also Reidt v. [read post]
2 Sep 2022, 5:01 am by Eugene Volokh
That three-Justice opinion (written by Justice Brennan and joined by Justices Marshall and Stevens) stressed that the tax exemption was not a permissible accommodation of religion, because it "burdens nonbeneficiaries markedly"[14] "by increasing their tax bills by whatever amount is needed to offset the benefit bestowed on subscribers to religious publications. [read post]
17 Jul 2022, 9:05 pm by Stephen M. Bainbridge
Draft No. 1) [hereinafter cited as Restatement]. [9] Restatement at iv (listing the reporters). [10] See id. at v-vi (listing advisers). [11] See id. at vii-viii (listing members). [12] “‘Sunk costs’ . . . are costs that have already been incurred and do not vary with one’s subsequent actions. [read post]