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4 Jun 2018, 1:52 pm
As I've mentioned, the main question raised in Masterpiece Cakeshop had to do with the Free Speech Clause, and the prohibition on "compelled speech": Would requiring a baker to make a wedding cake for a same-sex wedding (even one without specific wording or symbolism, such as a rainbow design) be compelling the baker to engage in speech, and thus violate the First Amendment? [read post]
22 Oct 2018, 5:14 am
More than a year later, an arbitrator held the discipline was largely (though not entirely) improper.Westlaw just posted a very interesting employment arbitration decision from July of this year, and I thought I'd pass it along. [read post]
15 Feb 2018, 10:47 am
An interesting opinion in Matter of Baalla v. [read post]
26 Jun 2018, 10:26 am
I just wanted to note that in today's Trump v. [read post]
30 Dec 2021, 1:42 pm
From PJ Grisar at the Forward (formerly The Jewish Daily Forward, indeed formerly exclusively in Yiddish), one of twenty-two: Lin-Manuel Miranda, who continues to be Yeshiva University's most high profile pitchman, announces a partnership with YU's theater club to launch a new musical about the life and times of Benjamin Cardozo. [read post]
14 May 2018, 7:13 pm
Arkansas Online (run by the Arkansas Democrat-Gazette) reports (for the actual TRO papers, see here): A judge in Washington County has issued a temporary restraining order to several television broadcasters, ordering them to stop airing ads against Supreme Court Justice Courtney Goodson that her lawyers claim are "false, misleading and defamatory. [read post]
25 Apr 2018, 5:11 am
In this post, I'm continuing my series on "Freedom for the Press as an Industry, or for the Press as a Technology? [read post]
14 May 2018, 8:18 am
And this was Will's first article, The Judgment Power, which he wrote in law school and then polished up right after graduating. [read post]
22 Dec 2017, 3:35 pm
See the original Politico story and this breaking story about the AG launching a review of the initiative (thanks to Glenn Reynolds (InstaPundit) for the pointer): Attorney General Jeff Sessions is launching a review of a law enforcement initiative called Project Cassandra after an investigative report was published this week claiming the Obama administration gave a free pass to Hezbollah's drug-trafficking and money-laundering operations to help ensure the Iran nuclear deal would stay on… [read post]
30 Aug 2018, 8:40 am
An interesting Arizona Supreme Court Judicial Ethics Advisory Committee opinion.From Opinion 18-03, released in June, but just posted on Westlaw in the last day or so: ISSUES An Arizona court has established a working group to explore the extent to which the needs and concerns of lesbian, gay, bisexual, transgender, and questioning (LGBTQ) youth are being addressed in the child welfare and juvenile justice systems. [read post]
22 Jul 2018, 2:06 pm
National Institiute of Family Life Advocates v. [read post]
25 Sep 2018, 4:43 pm
A conservative publication had already filed such a motion; Ellison is the candidate for Minnesota Attorney General, and Deputy Chair of the Democratic National Committee.From a Star-Tribune article today (by Jessie Van Berkel): The Star Tribune has joined a legal effort to unseal the divorce records of U.S. [read post]
19 Mar 2018, 11:34 am
In Bibliotechnical Athenaeum v. [read post]
1 Jun 2018, 8:23 am
A very interesting decision today from the Iowa Supreme Court, in Bandstra v. [read post]
22 Dec 2017, 3:17 pm
Under the First Amendment, the government generally can't ban commercial advertising of legal behavior. [read post]
10 May 2018, 8:48 am
Texas law provides: [Sexual assault, which includes forcible rape and statutory rape,] is a felony of the second degree, except that an offense under this section is a felony of the first degree if the victim was a person whom the actor was prohibited from marrying or purporting to marry or with whom the actor was prohibited from living under the appearance of being married under Section 25.01 ["bigamy"]. [read post]
7 Aug 2018, 6:04 am
No, says the Fifth Circuit, striking down as unconstitutionally overbroad a Louisiana statute that apparently bans threatening public employees with lawsuits or complaints -- and not just with violence -- “with the intent to influence [the employee's official] conduct. [read post]
17 Dec 2017, 12:27 pm
So said the Hawaii Supreme Court this week, in State v. [read post]
31 Jan 2018, 3:40 pm
I added this problem to the second edition of my First Amendment textbook back in 2005, and news accounts suggest that it's now quite timely: Within ten or twenty years [of 2005], there will probably be consumer-usable software that can easily overlay people's photographs and voices onto movies that depict someone else. [read post]
5 Mar 2018, 8:21 am
The Federalist Society at the University of Miami School of Law is trying to put on a debate on free speech between political scientist Charles Murray and Miami law professor Mary Anne Franks, who has written extensively about First Amendment law. [read post]
