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25 Nov 2020, 9:09 am by Eugene Volokh
Entertainment Merchants Ass'n, 564 U.S. 786, 791 (2011) (listing instances where the First Amendment does not protect speech); R.A.V. v. [read post]
18 May 2010, 7:50 am by Jay Willis
  In an opinion piece on the U.S. [read post]
11 Aug 2011, 10:04 am by Kent Scheidegger
Eugene Volokh had this post on Bagdasarian when it came out.A split between a federal court of appeals and a state supreme court within its circuit makes a particularly strong case for certiorari review in the U.S. [read post]
11 Aug 2013, 10:34 pm by Eugene Volokh
This principle most often arises in church property disputes, where the Supreme Court has held that courts may not decide which faction in a church is the more religiously orthodox, but it also applies more broadly to prohibit the government from adjudicating people’s rights based on theological judgments (see, e.g., United States v. [read post]
23 Nov 2010, 2:09 pm by Jonathan Hafetz
Federal criminal trials can help repair some of the damage to U.S. credibility caused by torture and other post-9/11 practices. [read post]
18 Apr 2016, 5:33 am by Eugene Volokh
The names of forfeiture cases — which operate on the legal fiction that the lawsuit is against property, rather than against its owners — often seem a bit absurd; this case, filed Friday in the U.S. [read post]
27 Jul 2017, 1:34 pm by Eugene Kontorovich
Refusing to do business is not an inherently expressive activity, as the Supreme Court held in Rumsfeld v. [read post]