1st Amendment
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Morning Docket
Morning Docket: 03.07.22
* White House condemns Russia’s legal campaign against fake news. [Reuters]
* Nevertheless, they persisted: More Texans than expected were able to get healthcare access despite SB8’s limitations. [NYT]
* Washington’s House just approved limitations on gun magazine sizes. Oddly enough, the nerf will not effect Nerf products. [Seattle Times]
* Six feet! Oregon wants to prevent home buyers from getting a little too personal with their please-sell-us-the-house “love letters.” [USA Today]
* Long legacy: lawmakers are trying to get rid of a 1950 California Constitution addition meant to keep Black families out of White neighborhoods. [SFGate]
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Technology
Clearview AI Is Basically Making The Dark Knight Database Thing And It's Legal
Privacy and intimacy as we know it will be a memory. - Sponsored
Diving Into Generative AI: A Practical Guide For Law Firms Starting From Scratch
NetDocuments’ Michelle Spencer on where to start, what to ask, and considerations for implementing generative AI tools in your organization. -
Morning Docket
Morning Docket: 01.31.22
* GULC’s Black Law Student Association wants Ilya Shapiro’s teaching contract revoked. My only question is, how do you get fired on your day off? [Newsone]
* Swiper, No Swiping! Jersey has new heavy penalties for porch thieves. [UPI]
* Another gun rights case could be headed to the Supreme Court soon if these 25 states get their way. [The Center Square]
* Is recording officer arrests speech? The legality of a law meant to prevent interference with Miami officer’s arrests may be unconstitutional. [Miami Herald]
* An Arizona senator wants to make the state more crypto-friendly by recognizing Bitcoin as legal tender. I’ll give it two weeks before an employee who makes $1500 a week sues for receiving a paycheck below the federal minimum wage because the crypto-market tanks after a spicy Elon tweet. [CryptoPotato]
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Morning Docket
Morning Docket: 01.19.22
* Company that probably played a massive role in proliferating anti-global warming propaganda fears the chilling effects of accountability. [Mother Jones]
* New Jersey governor renews law that prevents cops from being near polling places because of that whole voter suppression by force thing. When are we getting a new Voting Rights Act again? [New Jersey Globe]
* Illinois is trying to make birth control a little more accessible. It’s not over the counter, but it’s a start! [WTTW]
* Jersey just passed some harm reduction-focused legislation that will increase access to safe needles. [Inquirer]
* Find it suspicious that you’re getting advertisements for Sweet Baby Ray’s after privately making fun of Zuckerberg? These congresspeople are looking to stop that. [ZDNet]
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Government
Republicans Think Companies Can Say What They Like, As Long As They Like It
It's almost as if they're trying to use the media to push their agenda or something. -
Morning Docket
Morning Docket: 11.30.21
* Actor Jussie Smollet is about to go to trial for attempting to manipulate racial tensions to propel his career. He should have done it the right way, like Kyle Rittenhouse. [BBC]
* Law school applications are down again. Maybe you didn’t go to law school to become an accountant… [Reuters]
* Folks are still salty about social media platforms and censorship. I think the free speech people haven’t realized the whole corporate personhood thing means Twitter has 1st Amendment rights too. [The Bulwark]
* Before it’s made history, here’s a quick historical review of how the right to abort in the U.S. came to be. [NPR]
* Good news: You’ll be hearing a lot about this thing called Omicron, which is a cool ass name. Bad news: it’s a new COVID variant that will likely impact office returns and lead to more mask boo-hooing. [CNN]
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Morning Docket
Morning Docket: 11.11.21
* Congress will be mandating cars breathalyzers in cars by 2026. Is this the new seat belt or a major 4th Amendment violation? [Tech Crunch]
* Looking to follow the Arbury case and would like a primer on citizen’s arrest? Here you go. [CNN]
* New York is encouraging employees to blow the whistle in a big way. See something, do your best referee impersonation…something. [National Law Review]
* Tribes and conservation groups in Montana are forcing mining companies to clean up after themselves. I hope that this is blared as the company removes the waste, but that might be cruel and unusual. [AP News]
* 1st Amendment is still under attack — and Ohio is throwing a haymaker. [AP News]
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Oklahoma's Anti-CRT Law Is Having A Chilling Effect On Speech
Sounds like some people are getting triggered by the truth. - Sponsored
Why Do AI And Legal Professionals Make The Perfect Partnership?
For many legal departments, generative AI is the technology they’ve been waiting for. -
Government
Cancel Culture Is Real. And It's White.
It sure would be a bad PR move for the Liberty and Public Discussion™ group to miss this opportunity. -
Morning Docket
Morning Docket: 08.25.21
* Nirvana faces suit for child porn propagation. Looks like they should have put Something in the Way of that baby. [CBS News]
* No Karoshi, No Problem!: Ending burnout culture starts with us. [Law.com]
* Religious freedom case against mask mandate didn’t have a prayer in the 6th Circuit. [ABA Journal]
* Show me the fake news. No faker. Even faker. “There were no crisis moments under Trump!” Perfection. [HuffPost]
* The majority of Floridians support mask mandates at school. Maybe Florida Man™ can be reasoned with. [Newsweek]
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Morning Docket
Morning Docket: 08.23.21
* It’s beginning to feel a lot like last year: “Protesting” Fight Club LARPers and anti-fascists fight in Portland. Remember when being anti-fascist was super? [OPB]
* First they came for the judiciary. I did not speak out. Then they came for the school boards. [LGBTQNation]
* Miamians (is that a thing?) allowed to record police vices after this 1 small trick! [ABC News]
* Vaccines are optional but quarantining isn’t if you’re in Ole Miss. [Fox News]
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Morning Docket
Morning Docket: 07.23.21
* Any Deleuze nerds want to read a society of control example? Check out this Op-ed on vaccination. [Business Insider]
* World’s first 3D printed human scale steel bridge dropped in Amsterdam. If something goes wrong, do you sue a person or the algorithm? [Architect’s Newspaper]
* 1st Amendment might not be as strong for the Press. Let me get slander against minor public figures out of my system now… [ABA Journal]
* Highest Court in New Mexico and Tennessee rule gas stations can be held liable for selling gas to drunk drivers. Better incentive to catch a Lyft home. [ABA Journal]
* Surprising no one, Mississippi AG asks SCOTUS to revisit Roe v. Wade. [The Hill] -
Morning Docket
Morning Docket: 07.12.21
* Snitches get standing: New Texas law lets private citizens sue anyone aiding an abortion. [NY Times]
* Burning is one thing, but a boot!? Woman charged with hate crime for smirking after stomping a Back the Blue flag. [Salt Lake Tribune]
* Tesla panels storing solar energy and, err, mold? Civ Pro and Energy Law bros should love this. [Business Insider]
* Is…uhh..Congress defunding their police? [CBS News]
* Woman who ran over a protestor beats assault charge. [Insider]
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Courts
If Words Could Kill... 3D Gun Case Shows Free Speech Extremists Would Defend That Too
The 'weaponization' of free speech is no longer a metaphor. -
Constitutional Law
Wisconsin Punishes Free Speech
The goal of so-called "Free Speech" advocates has always been to limit minority dissent. -
Non-Sequiturs
Non-Sequiturs: 08.15.17
* Unwilling to relinquish his 15 minutes of fame, Anthony Scaramucci goes for laughs with Stephen Colbert. [The Hollywood Reporter]
* If, and admittedly that’s a big if, Donald Trump gets impeached, Mike Pence will be ready. Just ask his personal PAC. [Huffington Post]
* Check out these tax professor rankings. [TaxProf Blog]
* Should the 1st Amendment trump the 2nd Amendment? It is first, after all. [Slate]
* Someone has had it with free speech absolutism. [Richmond.com]
* Are you ready to go off the grid? [Law and More]
* No good will come from this lawsuit. [Salon]
* This is what Trump should have said. [Dorf on Law]
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Media and Journalism, Movies
How Hulk Hogan Ruined America
Hulk's role as a pawn in Peter Thiel's game was just part of a broader war on journalism. -
Non-Sequiturs
Non-Sequiturs: 07.26.17
* President Trump’s personal legal team: “It’s utter chaos. Sometimes it can be like no one knows who is in charge.” [Washington Post]
* Adam Feldman predicts that the travel ban is going down before SCOTUS. [Empirical SCOTUS]
* The Trump tweets on banning transgender individuals from the military aren’t the only bad news for the LGBTQ community today. [Washington Blade]
* A nice win for the First Amendment and public access to court records. [Volokh Conspiracy / Washington Post]
* Ira Stoll wonders (with good reason): why did the New York Times account of this high-profile gender discrimination lawsuit name the law firm, but not the plaintiff? [Smarter Times]
* Clerkships guru Debra M. Strauss, who has written for our pages on the topic, is out with a second edition of Behind the Bench: The Guide to Judicial Clerkships (affiliate link).
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Federal Judges, Television
Federal Appellate Judges -- They're Just Like Us! They Love 'Game Of Thrones,' Too!
How many other federal judges love watching GoT? -
Free Speech, Media and Journalism, Movies
Standard Of Review: The Free Press Is Under Attack In the Netflix Documentary 'Nobody Speak'
The film is definitely harrowing, although it could have dug deeper into the issues.