Search for: "EUGENE DOWNS"
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28 Sep 2022, 6:35 am
As noted by Eugene Volokh, this is not a new issue. [read post]
27 Sep 2022, 4:40 pm
A similar limitation on distribution of nonprescription contraceptives was struck down on right-to-privacy grounds, and a similar limitation on advertising of contraceptives was struck down on free speech grounds. [read post]
23 Sep 2022, 7:50 am
In an unsigned 23-page opinion on Thursday, the court of appeals turned down the state’s plea. [read post]
22 Sep 2022, 1:02 pm
[The relative narrowness of the law, the court concludes, distinguishes the law from the one struck down in Packingham v. [read post]
22 Sep 2022, 12:18 pm
Actually, as Eugene also suggested, perhaps it is wrong to be considering the hardball scenario as an instance of political insanity. [read post]
22 Sep 2022, 11:41 am
For First Amendment lawyers—well, for me—reading it feels like entering the upside down. [read post]
22 Sep 2022, 7:48 am
This difference in thickness upsets smooth travel of water and nutrients up and down the developing trunk....Your opponents will use your analogies against you, even when it has little to do with the argument you're making. [read post]
21 Sep 2022, 5:01 am
[A First Amendment framework for analyzing restrictions on election-related speech.] [read post]
20 Sep 2022, 4:30 pm
The post Court Strikes Down Ban on Gun Acquisition by People Under Felony Indictment appeared first on Reason.com. [read post]
19 Sep 2022, 7:04 am
" The "terminal at the Port of Charleston, South Carolina, [was] shut down" because of Goodman's video, and the Federal Bureau of Investigation subsequently opened an investigation into the false report. [read post]
16 Sep 2022, 5:01 am
See Eugene Volokh, Bans on Political Discrimination in Places of Public Accommodation, 15 NYU J. [read post]
14 Sep 2022, 7:45 am
Bruce Church, Inc. test), under which a regulation may be struck down if "the burden imposed on such commerce is clearly excessive in relation to the putative local benefits,"[19] might limit such state laws in some measures, as applied to small retailers.[20] In the tax context, Wayfair recognized that the "burdens [of having to collect state sales tax] may pose legitimate concerns in some instances, particularly for small businesses that make a small volume of sales to… [read post]
13 Sep 2022, 5:32 am
Bruce Church, Inc. test), under which a regulation may be struck down if "the burden imposed on such commerce is clearly excessive in relation to the putative local benefits,"[7] might limit such state laws in some measures, as applied to small retailers.[8] In the tax context, Wayfair recognized that the "burdens [of having to collect state sales tax] may pose legitimate concerns in some instances, particularly for small businesses that make a small volume of sales to… [read post]
10 Sep 2022, 3:37 pm
There's also more related to defamation and tortious interference claims (based, among other things, on Greer's belief "that his 'promising media career' was 'shut down by Defendants around 2013'"), which were basically dismissed for lack of adequate factual allegations. [read post]
9 Sep 2022, 5:43 am
Pataki,[16] which struck down a New York law banning any person from intentionally using the internet "to initiate or engage" in certain pornographic communications deemed to be "harmful to minors. [read post]
8 Sep 2022, 2:52 pm
Trump: Border Wall Funding Knocked Down, 12 Ariz. [read post]
7 Sep 2022, 4:44 pm
” When asked about how Facebook might track down every bit of data associated with a given user account, Zarashaw was stumped again: “It would take multiple teams on the ad side to track down exactly the — where the data flows. [read post]
7 Sep 2022, 6:03 am
Fiona Harrigan at the main Reason site beat me to this story from last week; I criticized the initial orders (which the court has now vacated) when they were initially handed down in May (see also this post about the "taken as a whole" element of the obscenity test). [read post]
7 Sep 2022, 5:23 am
"[10] The Supreme Court has not been clear about how to apply this undue burden test.[11] But the economic efficiency criterion that animates Dormant Commerce Clause jurisprudence suggests that the out-of-state costs of a state regulation are often justified, and that courts should balance the costs and benefits of a state regulation and strike down only those that impose costs on out-of-staters that clearly exceed the benefits they bring in-staters.[12] A handful of Supreme Court… [read post]
6 Sep 2022, 5:37 am
For an example of such a bill that is so broad that it extends even beyond advertising, see Eugene Volokh, S.C. [read post]
