1st Amendment
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Football, Sports
Barack Obama Supports 'Messy' Democracy And Sports Star's Constitutional Rights
Barack Obama knows something about con law. -
Non-Sequiturs
Non-Sequiturs: 08.10.16
* “NEW CIVILITY WATCH: Dem Senate candidate and former Ohio Gov. Ted Strickland: Scalia’s death ‘happened at a good time.'” [Instapundit]
* A Skull and Bones society for top NYC law firms? Professor Rick Swedloff discusses a secretive group whose membership includes some of Biglaw’s biggest names. [SSRN]
* A notable new petition (filed by Professor Orin Kerr and Marcia Hofmann) in a high-profile appeal about the Computer Fraud and Abuse Act. [Volokh Conspiracy]
* Donald Trump’s infamous “Second Amendment” quip is protected by the First Amendment — but just barely, according to Professor Noah Feldman. [Bloomberg View via How Appealing]
* Jury consultant Roy Futterman of DOAR wonders: is concern about prejudicing jurors actually driving them to using the internet for decision-making? [Big Law Business]
* Could the ABA someday lose its power to accredit law schools? Steven J. Harper thinks its day of reckoning is coming closer. [The Belly of the Beast]
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Free Speech, Politics
Lawyer's Response To Trump Whining Goes Viral
Donald Trump thinks his First Amendment rights are under fire. They aren't -- and this lawyer had to school him on it.
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Morning Docket
Morning Docket: 01.12.16
* Based on reading the oral-argument tea leaves, it sounds like the Supreme Court is about to school the teachers’ unions (and public-sector unions more generally). [How Appealing]
* Ring in the new year by making the register ring: a slew of Biglaw firms have secured (presumably lucrative) engagements working on the proposed $32 billion merger between drug makers Shire Plc and Baxalta Inc. [American Lawyer]
* By a vote of 82-6, and after a wait of more than 400 days, the Senate just confirmed Judge Luis Felipe Restrepo to the Third Circuit, making him the first Hispanic federal judge from Pennsylvania to sit on that court. [Associated Press]
* Good news for fantasy-sports fans: it’s not (yet) “game over” for DraftKings and FanDuel, thanks to a stay issued by a New York appellate court. [Bloomberg News]
* And bad news for student-loan-saddled law grads (like our own Shannon Achimalbe) who were hoping that SCOTUS might make it easier to discharge such debts through bankruptcy. [Wall Street Journal via ABA Journal]
* Does Sean Penn face legal risk for his interview of El Chapo, the infamous Mexican drug lord? [ABA Journal]
* A former federal prosecutor just secured a six-figure settlement and reinstatement from the Justice Department. [National Law Journal]
* U.S. Attorney Preet Bharara — who came so, so close to winning Lawyer of the Year honors — announced that Governor Mario Cuomo is off the legal hook for his controversial shutdown of the Moreland Commission, a panel aimed at investigating public corruption. [Law360]
* Avvo is starting to roll out a service featuring fixed-fee, limited-scope legal services through a network of attorneys (and Bob Ambrogi has the scoop). [Law Sites]
* Professor Peter J. Henning explores the implications of the end of the government case against hedge fund magnate Steve Cohen. [DealBook / New York Times]
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Books, Free Speech, Movies
Court Investigates Whether Being Compared To Gollum Is Insulting
Somewhere some graduate thesis on The Character And Motivations Of Gollum Née Sméagol is about to become actually useful. -
Free Speech, SCOTUS, Supreme Court
What Happens To A Texas Veterinarian Could Make A Difference In What You're Allowed To Say
This Term the Supreme Court could issue one of its most important rulings to date on the legal status of occupational speech -- speech performed in the context of one’s occupation or profession. -
Education / Schools, Free Speech, Politics
Missouri Professor Opts For Coddling Kids Over First Amendment Rights Of Journalists
“Special snowflakes” are not born; they are made. -
Non-Sequiturs
Non-Sequiturs: 10.07.15
* How are law firms winning new clients? Check out the details of a new study. [Business of Law Blog]
* Which law school lays claim to the very best piece of swag? [TaxProf Blog]
* Oh, the lengths people will go to keep the 10 Commandments on public property. Good news for lawyers, lots of litigation ahead. [Wonkette]
* Can you safely handle some side action? Or are you a goodie-goodie ill-equipped for danger? [Law and More]
* Regrets? He has a few. Meet the former congressman that created the law to restrict research into gun violence, but wishes he hadn’t. [Huffington Post]
* Bad news: your right to a sex party is not protected by the Constitution. Stupid founders’ intent. [Jezebel]
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Defamation, Free Speech
Judge Rules Yelp Review Not Covered By First Amendment
Pop quiz, hotshot: does a business have a cause of action for a negative Yelp review? -
Privacy, Technology
The Sony Hack Emails Are Now Available On WikiLeaks -- But Should You Look?
Columnist Tamara Tabo asks: where is the line between muckraking journalism and tawdry gossip? -
Free Speech
Don't Bust People For Quotes Without Context
Let he who never kept a college quote book cast the first stone. -
Free Speech, Media and Journalism, Technology
Can You Be Prosecuted For Sharing A Link? The Troubling Case Of Barrett Brown
The prosecution of a prominent activist and journalist raises very real and serious First Amendment concerns. -
Free Speech, Guns / Firearms, In-House Counsel, Politics, Religion, Theater, United Kingdom / Great Britain
On Beheadings, Shootings, And 'The Book Of Mormon'
In-house columnist Mark Herrmann looks at some hot-button issues with a fresh perspective.
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Constitutional Law, Health Care / Medicine, Politics, Religion, Samuel Alito, SCOTUS, Supreme Court, Women's Issues
Who Do You Take Seriously In The Hobby Lobby Debate?
Conservative columnist Tamara Tabo offers her reflections on the Supreme Court's ruling in Hobby Lobby. -
Abortion, Free Speech, John Roberts, Politics, SCOTUS, Supreme Court
Why Conservatives Should Be Disappointed In A 9-0 Ruling In Favor of Abortion Opponents
Conservative columnist Tamara Tabo wonders: Why does John Roberts keep breaking her heart? -
Celebrities, Defamation, Free Speech
Scathing Letter Suggests Smart Lawyer A Dumb [Expletive]
Jennifer Lopez's ex accused of cheating on her with transsexuals. His lawyer threatens to sue. What comes next is a hilarious smackdown about the First Amendment. -
Constitutional Law, Food, Free Speech, Politics
Food Fight: Eating The Costs Of Not Eating GMO Food
Is Vermont's new food labeling law a good idea? Conservative columnist Tamara Tabo has her doubts. -
Constitutional Law, Politics, Tax Law
Should 'Campaign For Liberty' Have Called Itself 'Campaign For Progress' Instead?
Can you blame Campaign for Liberty for not wanting to expose its private-citizen donors to retribution, even if that means disregarding IRS demands? -
Election Law, Free Speech, Money, Quote of the Day, SCOTUS, Stephen Breyer, Supreme Court
Supreme Court Strikes Down Limits On Campaign Contributions -- And Breyer Is Pissed
Justice Breyer unleashed a scathing dissent in this major campaign finance ruling. -
Constitutional Law, Election Law, Jury Duty, Movies, Non-Sequiturs, Religion, Supreme Court, Technology
Non-Sequiturs: 03.03.14
* What’s a good excuse for getting out of jury duty? Apparently not “having a heart attack RIGHT NOW!” [Lowering the Bar] * The hits from the CATO amicus brief keep on coming. They commit a footnote to mocking Chief Justice Roberts. [Election Law Blog] * The Attractive Convict is suing over the use of her mugshot in banner ads. Your redemption is coming, Scumbag Steve! [IT-Lex] * David Healey, formerly of Weil Gotshal and currently of Fish & Richardson, is filming a movie based on his earlier book. And it stars Sean Young! That’ll work well. [Times of Sicily] * Does a public-school donor’s request to thank God in an inscription constitute an Establishment Clause violation? [Chronicle of Higher Education] * Supreme Court will hear the case of the NC Dental Board’s efforts to limit the teeth-whitening industry to dentists. Will this ruling spell trouble for state bar associations applying a death grip to all legal services? [WRAL]