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19 Aug 2021, 5:00 am
Anyone wishing to review a copy of this decision may click this LINK.I send thanks to Attorney Thomas B. [read post]
13 Aug 2021, 6:30 am by Guest Blogger
As Justice Thomas noted in dissent, it requires no great leap to conclude that any person whose credit file contained such inaccuracies should be permitted to sue. [read post]
12 Aug 2021, 6:30 am by Guest Blogger
Are bankruptcy proceedings, prisoner petitions, settlement class actions, consent decrees, and warrants constitutional exercises of the judicial power? [read post]
26 Jul 2021, 5:56 pm by Jeffrey Neuburger
Less than one week after issuing an order vacating its own March 2021 opinion in an important Communications Decency Act (“CDA”) case and granting a petition for rehearing, the Second Circuit issued a new opinion reaffirming “protection” under Section 230 of the CDA for video-sharing site Vimeo, Inc. [read post]
9 Jul 2021, 10:35 am by Alan Z. Rozenshtein
Robins (1980), the Court held that a privately owned shopping mall did not have a First Amendment right to exclude members of the public who were canvassing for petitions, again leaning primarily on the grounds that the shopping mall remained free to disclaim any endorsement with the canvassers and “the views expressed by members of the public in passing out pamphlets or seeking signatures for a petition thus will not likely be identified with those of the owner. [read post]
6 Jul 2021, 6:47 am by Margaret Wood
Yesterday, July 5, 2021, was the fifth anniversary of the retirement of our former legislative website THOMAS. [read post]
6 Jul 2021, 6:18 am by John Jascob
"Justice Gorsuch, joined by Justices Thomas and Alito, vigorously dissented from this portion of the opinion. [read post]
5 Jul 2021, 3:45 pm by Eugene Volokh
Even if it proves to be a helpful analogy, there's little reason to think that all the details of common carrier law ought to be fully adopted for social media platforms, or that the threshold for regulation should be defined by traditional common carrier rules.[12] Other analogies can also be helpful: As Part II.A will argue, the clearest First Amendment analogs would be cable must-carry rules and rights of access to the real estate of shopping malls and universities.[13] Justice… [read post]
5 Jul 2021, 9:35 am by Jonathan H. Adler
Ilya Somin commented on the cert denial and Josh Blackman speculated on why the cert petition did not attract more votes from the conservative justices. [read post]
The court declined to take up the petitioned appeal by Shkelzën Berisha, the son of former Albanian Prime Minister Sali Berisha, who accused author Guy Lawson of defamation for corruption allegations in his 2015 book “Arms and the Dudes. [read post]
2 Jul 2021, 9:30 pm by Ilya Somin
Thomas wrote a strong dissent to denial of certiorari, which Gorsuch joined: [T]his petition provides us the opportunity to correct the mistake the Court made in Kelo. [read post]
2 Jul 2021, 8:04 am by Amy Howe
On Friday the justices turned down Stutzman’s case, with three justices – Clarence Thomas, Samuel Alito and Neil Gorsuch – indicating in a brief note that they would have granted Stutzman’s petition for review. [read post]