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13 Apr 2020, 3:49 am by INFORRM
New Zealand On 3 April 2020 Palmer J handed down judgment in the case of Stringer v Craig [2020] NZHC 644, a libel claim brought by a former Conservative Party member against the former leader of the party and a number of those involved in the publication of a booklet accusing him of being engaged in dirty politics. [read post]
13 Apr 2020, 3:21 am by SHG
Because defendant is being prosecuted on the basis of false speech, rather than speech involving subversive political advocacy or speech designed to incite a riot (compare Penal Law § 240.08; People v Upshaw, 190 Misc 2d 704, 706-709 [NY City Crim Ct 2002]), Brandenburg and its progeny do not apply (compare United States v Alvarez, 567 US 709, 722 [2012]; see generally Tom Hentoff, Note, Speech, Harm, and Self-Government: Understanding the Ambit of the Clear… [read post]
11 Apr 2020, 5:03 am by Eugene Volokh
Last Thursday, New York's intermediate appellate court in People v. [read post]
10 Apr 2020, 1:28 pm by editor
The agents are usually polite and professional, and this tactic frequently gets law enforcement access to all sorts of information because they know people want to be cooperative and help law enforcement. [read post]
10 Apr 2020, 1:16 pm by John Floyd
  Courts Politicized, Justice Preverted   Partisan politics were on display on April 6, 2020 in a per curiam decision, Republican National Committee. v. [read post]
10 Apr 2020, 3:04 am by Michael Douglas
In Milirrpum v Nabalco Pty Ltd (1971) 17 FLR 141, 267, for example, Blackburn J said: The evidence shows a subtle and elaborate system highly adapted to the country in which the people led their lives, which provided a stable order of society and was remarkably free from the vagaries of personal whim or influence. [read post]
Arguing that a book is obscene helps evade First Amendment challenges, like the one at the center of Board of Education, Island Trees Union Free School District v. [read post]
9 Apr 2020, 10:49 am by Jay Stanley
Based on ample precedent — including a landmark 2018 case that the ACLU won in the Supreme Court, Carpenter v. [read post]
5 Apr 2020, 10:32 pm by Florian Mueller
Last week the Munich I Regional Court's press office confirmed to me that the Nokia v. [read post]
5 Apr 2020, 4:47 pm by INFORRM
Forbes had a piece “Zoom Alternatives: 5 Options For People Who Care About Security And Privacy”. [read post]
3 Apr 2020, 6:49 pm by Sandy Levinson
So the dilemma facing contemporary liberals (and liberalism) is to enunciate a "progressive" political program at the same time that most liberals are scared stiff of what is described as "populism," i.e., a much more active participation by "we the people" in the process of decisionmaking and a concomitant distrust of established elites. [read post]
3 Apr 2020, 12:58 pm by NCC Staff
Delaware’s Weird—and Constitutionally Suspect—Approach to Judicial Independence By Garrett Epps, Professor of Law, University of Baltimore School of Law Garrett Epps discusses an upcoming Supreme Court case, Carney v. [read post]
3 Apr 2020, 12:00 am by David Kopel
Part V addresses three arguments against universal mask wearing. [read post]