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25 Oct 2018, 9:13 am
"We cannot adopt the trial court's preference to treat a [personal protection order], which in this case is a prior restraint on ... speech, as a means 'to help supplement the rules that we all live in society by.' The First Amendment ... demands that we not treat such speech-based injunctions so lightly. [read post]
3 May 2018, 5:02 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]
29 Dec 2017, 8:16 am
In September 2016, Mark Feigin posted five insulting comments on the Islamic Center of Southern California's Facebook page (before he was finally blocked by the ICSC from commenting): "THE TERROR HIKE ... [read post]
14 Feb 2018, 11:34 am
Yesterday, the Ninth Circuit handed down Jacobson v. [read post]
13 Nov 2018, 11:50 am
A funny line from David Burge (iowahawkblog) about Rep. [read post]
10 Jan 2022, 5:31 am
From June Medical Services, LLC v. [read post]
21 Aug 2018, 1:17 pm
The Wisconsin and Mississippi Supreme Courts have recently rejected state-level Chevron deference.Under the federal Chevron doctrine, federal courts generally defer to federal agencies' interpretations of the statutes that the agencies are charged with interpreting, so long as the courts think the agencies' interpretations are "reasonable" (even if not the same as what the court would have chosen). [read post]
7 Mar 2018, 8:31 am
In Fulton v. [read post]
29 Dec 2017, 10:20 am
Here's a letter from the Higher Education Council of San Antonio, signed by various San-Antonio-area university officials, including the presidents of Texas A&M-San Antonio and UT-San Antonio: American colleges and universities have always embraced diverse points of view, leading to a multitude of new discoveries and cultural understanding. [read post]
2 May 2018, 8:57 am
I've been blogging recently about how "the freedom of the press" has long been understood as securing the freedom of all to use mass communications technology (the printing press and its modern heirs) and not as a freedom limited to those who belong to a favored industry ("the press" in the sense of the professional media). [read post]
10 Aug 2018, 3:05 pm
An odd line of prosecutorial argument.From McKinney v. [read post]
25 Oct 2018, 5:10 am
The Colorado Supreme Court said "no" -- eleven federal circuits and many state high courts say "yes" -- the Supreme Court is being asked to review the case.Here's the summary of argument from the petition, in Colorado Independent v. [read post]
27 Aug 2018, 8:11 am
PolitiFact has the details -- but in any event, the purported statistic was suspect on its face.Last week, I saw a report that seemed enheartening but left me suspicious -- to quote one account, "According to the Minority 2018 Small Business Trends survey, the number of black-owned small businesses in the U.S. increased by a staggering 400% in a year-over-year time period from 2017 to 2018. [read post]
22 May 2018, 1:22 pm
The Foundation for Individual Rights in Education, a group whose reporting I trust, sent out this item that I thought I'd pass along; for more, see the linked-to material, including video, the flyers, and FIRE's letter, for more details. [read post]
5 Sep 2018, 8:17 am
An arbitrator held that this wasn't "just cause" required for firing under the tenure contract; last week, a Pennsylvania appellate court declined to set aside the arbitrator's decision.From Pa. [read post]
19 Jun 2018, 7:00 pm
As my co-blogger Eugene Volokh and Reason's Damon Root explain, the case will address the question of whether the Excessive Fines Clause of the Eighth Amendment applies against states, as well as the federal government. [read post]
2 Sep 2011, 5:31 am
Eugene Volokh thinks so: "people are constitutionally entitled to speak the truth about others, even with the goal of trying to get them fired. [read post]
14 Dec 2009, 8:26 am
Late last week, Eugene Volokh at the Volokh Conspiracy and David French at the National Review Online debated whether public universities are constitutionally required to provide exclusive religious groups equal access to their facilities, a subject raised by Christian Legal Society v. [read post]
29 Apr 2011, 5:05 pm
Eugene Volokh has a very interesting post about a case in which the court decided that the sons should get twice as much as the daughters because the will said to follow "Islamic Laws and Sharia. [read post]
5 Aug 2016, 2:59 am
Although this case involved the Postal Service, Eugene Volokh of The Volokh Conspiracy believes that the EEOC’s position has a chilling effect on private sector employers (who will over-police their employees’ freedom of speech and expression to avoid incurring liability), which indirectly results in suppression of the employees’ free speech rights. [read post]
