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The Free Speech Trifecta: How the Court Could Fundamentally Alter Free Speech in Three Pending Cases
25 Mar 2024, 4:00 am
A dangerous triumvirate has formed as government, corporate and academic interests have aligned to push limitations of free expression. [read post]
19 Mar 2024, 6:08 pm
In these posts I provide a short summary of the draft chapter and a link t access a 'pdf' version. [read post]
14 Mar 2024, 6:56 am
By Atreya Mathur In a world where creativity knows no bounds and the lines between art, inspiration and infringement blur, one art collective stands at the forefront of pushing these boundaries. [read post]
13 Mar 2024, 5:34 pm
If the website pages where they are published have been archived, then the orders themselves have effectively been archived and it makes no sense to say they haven’t. [read post]
12 Mar 2024, 12:10 am
Imagine a world in which the internet is first and foremost about empowering people, not big corporations and government. [read post]
11 Mar 2024, 3:05 am
Don’t let the intrusive thoughts win! [read post]
6 Mar 2024, 4:30 am
Because corporations are "people" too. [read post]
5 Mar 2024, 8:13 am
Instead, as I (and many others) predicted after the oral argument, the Court used the Anderson line of cases as only one part of a newfangled federalism-based constraint on the ability of states to “enforce” Section 3 of the Fourteenth Amendment with respect to federal offices. [read post]
3 Mar 2024, 9:01 pm
With respect to process, the Court noted that “[t]he defendants did not make any effort to replicate arm’s length bargaining. [read post]
29 Feb 2024, 3:28 pm
And, as you do so, you don’t start by having too many preconceptions about why subjects are behaving the way they are, at least initially. [read post]
28 Feb 2024, 2:06 pm
The specific arguments over whether Congress had expressed a clear intent on the source definition got, in my view, reduced to second place and muddled. [read post]
25 Feb 2024, 7:14 am
Those for and against the American Music Fairness Act fall on both sides of the aisle, it does’t break down along party lines. [read post]
24 Feb 2024, 6:30 am
The third part examines certain general institutional characteristics of the Taft Court’s work, including both the extent to which its varied members recognized “shared norms” of proper judicial behavior and the extent to which, often reluctantly, they wrote opinions that revealed the lines of their most salient disagreements. [read post]
21 Feb 2024, 5:51 pm
Possibilities along those lines include: Platforms win on must-carry but lose on the notice and appeal rules. [read post]
21 Feb 2024, 8:02 am
” Justice Arthur Engoron took that line to heart with his absurd imposition of $455 million in fines and interest against Donald Trump and his corporation. [read post]
16 Feb 2024, 3:24 am
But the innovation doesn’t stop there. [read post]
9 Feb 2024, 9:42 pm
Case law is clear that the First Amendment does not prohibit “a private corporation or person who seeks to abridge the free expression of others. [read post]
3 Feb 2024, 10:59 am
[I think of Eminem’s classic line: “I can’t provide the right diaper. [read post]
24 Jan 2024, 9:01 pm
However, I thank the staff of the Division of Corporation Finance, the Division of Investment Management, the Division of Economic and Risk Analysis, and the Office of the General Counsel for their work on this rulemaking. [read post]
24 Jan 2024, 7:14 am
Carnival Corporation, 2024 WL 221437 (S.D. [read post]