First Amendment

  • hire me smiling

    Morning Docket

    Morning Docket: 03.11.15

    * As we mentioned, U.S. News is giving law schools less credit for hiring their own grads. Rumor has it that a few schools would’ve done better in the rankings but for their high percentage of school-funded jobs. Which ones? [WSJ Law Blog]

    * Two students in the Sigma Alpha Epsilon fraternity from Oklahoma University were expelled after a video of their racist chanting was leaked online. Lawyers want to know: was their expulsion a First Amendment violation? [Volokh Conspiracy / Washington Post]

    * UC Irvine Law debuted on the 2016 U.S. News law school rankings at No. 30, missing Dean Erwin Chemerinsky’s goal of starting out as a Top 20 school. Not to worry, Dean, there are still ways to game the rankings. Keep your head up! [National Law Journal]

    * Don’t bother delaying your law school education just because the economy’s bad. The professors who told us that a law degree is worth $1 million think that its value will only drop by about $30K in times when unemployment is high. Yeah, okay. [ABA Journal]

    * The grisly murder of DLA Piper associate David Messerschmitt, who was found stabbed to death in a Washington, D.C., hotel, remains unsolved. Police are still searching for the “person of interest” who was seen on video from the hotel’s security camera. [Legal Times]

    39 Comments / / Mar 11, 2015 at 9:06 AM
  • Hilary Bricken

    Advertising, Marijuana

    Cannabis Advertising: Is Pot Obscene?

    Marijuana businesses should be sensitive to the issues of limited or no free speech when formulating their ad campaigns where significant federal censorship may apply.

    / Mar 2, 2015 at 4:20 PM
  • Leonard_Nimoy_Spock_1967

    Non-Sequiturs

    Non-Sequiturs: 02.27.15

    * Leonard Nimoy has died at 83. While he’s best known as Spock, he also starred in some legal works, such as producing and starring in the story of Mel Mermelstein’s pro bono case. [New York Times]

    * Analyzing the Supreme Court on style over substance. Probably for the best because the substance has been pretty shoddy for a lot of the last few years. [SCOTUSblog]

    * “Constitutional oriented” judge has some issues with the First Amendment. I guess he’s a “pre-Amendment Originalist.” [Popehat]

    * Lawyers should find a niche in connected devices. It’s true. But since the partners I used to work with still printed out all their emails, good luck with that. [Law and More]

    * The psychic toll of bankruptcy work. [The Docket]

    * Ninth Circuit overrules lower court, holding that an arbitrator is not inherently plaintiff-biased because he or she has participated in litigation financing. [LFC 360]

    26 Comments / / Feb 27, 2015 at 5:13 PM
  • Barrett Brown

    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.

    30 Comments / / Jan 23, 2015 at 8:06 PM
  • Trayvon Martin Hoodie RF

    Free Speech

    A Ban On Hoodies Would Just Lead To More Police Harassment

    It’s one thing for Oklahoma lawmakers to be stupid, but must they also be dangerous?

    1 Comment / / Jan 9, 2015 at 3:08 PM
  • Some guy. We have no idea what his name is and we certainly aren't going to write it.

    Non-Sequiturs

    Non-Sequiturs: 01.07.15

    * This editorial must have been so much fun to write. Local newspaper tees off on petty local politician who threatened to sue them for using his name without his permission. Like, in a story about him. Welcome to First Amendment 101, dude. Professor Volokh has some fun commentary. [The Frederick News-Post]

    * A new Congress gets down to business today, and they begin by proposing a solution to the biggest issue in America by floating a national abortion ban. Well, they have to talk about something now that Obama’s got the Dow around 18,000. [ThinkProgress]

    * Not really legal, but Archer’s back. Holly Anderson talks to the executive producer about this season. [Grantland]

    * Harold Hamm’s ex-wife rejected a $974 million check. I just want to know what purchase she wants to make that has her saying, “Eh, I’ve got to pass on that $974 million.” [The Oklahoman]

    * Keeping politics out of King v. Burwell is like making a Fast & Furious movie without Vin Diesel. Sure you can do it, but it’s gonna suck. [The New Republic]

    * What the future holds for “just-in-time” workers like Alex Rich. [Law and More]

    * The minds behind the Notorious R.B.G. meme have a book deal! And it’s a Justice Ginsburg biography. Bring it on. [New York Magazine]

    * David keeps on touring America talking about Supreme Ambitions (affiliate link) — and also much, much more (including revelations about his personal life). This time it’s an interview with WHYY in Philly. [WHYY]

    https://soundcloud.com/whyy-public-media/david-lats-supreme-ambitions-legal-blogs-and-the-supreme-court

    19 Comments / / Jan 7, 2015 at 5:36 PM
  • Porn makes Justice Scalia happy?

    Morning Docket

    Morning Docket: 12.16.14

    * “If you can’t disagree on the law without taking it personally, find another day job. You shouldn’t be an appellate judge.” You’ve really got to admit that sometimes, Justice Scalia has an absolutely wonderful way of putting things. [Associated Press]

    * David Boies sent everyone and their mother and their dog a letter asking them to destroy all docs leaked from the Sony hack, lest they face legal consequences, but there’s just one problem with that pesky First Amendment. [WSJ Law Blog]

    * The law students who requested exam delays due to unfair grand jury decisions claim they’re not “coddled Millennials” — no, they’re members of the new regime of lawyers who are willing to ask, “If not us, then who?” [National Law Journal]

    * Please keep in mind that these students are likely the same ones who may be missing out about learning the intricacies of rape law because they want their professors to “protect them from causing or experiencing discomfort.” [New Yorker]

    * Well, this is an interesting round of musical chairs: Vice Media just poached James H. Schwab, the chairman of the media and entertainment practice group at Paul Weiss, to join the company as co-president. [DealBook / New York Times]

    * Undergrad students at Boston University are trotting out the latest edition of the school’s pre-law review. Feast your eyes upon the genius of future gunners, or don’t, because it’ll help them learn early that no one actually reads law reviews. [BU Today]

    20 Comments / / Dec 16, 2014 at 9:04 AM
  • The Chief Justice, rapping in repose.

    John Roberts, Quote of the Day, Rap

    Supreme Court Chief Justice Raps Eminem Lyrics During Oral Arguments

    Who knew John Roberts could lay down sick rhymes like these?

    10 Comments / / Dec 2, 2014 at 1:26 PM
  • Cooley Law Logo USE

    Non-Sequiturs

    Non-Sequiturs: 11.21.14

    * A breakdown of Thomas M. Cooley’s bar passage rate. It’s… about as depressing as you’d expect. [Third Tier Reality]

    * Rapper being prosecuted on the argument that he benefitted from gang activity because the gang’s exploits made his rap music more popular. What the hell? [Popehat]

    * The state of the clerkship hiring process gets mixed reviews from Yalies. [Yale Daily News]

    * UNC is looking for a new dean. You know, if you’re interested in becoming a dean. [The Faculty Lounge]

    * The Flash and res ipsa loquitur. [The Legal Geeks]

    * Fun fact: people interested in the law also seem to love anchovy paste and Destiny’s Child. At least in the U.K. [Legal Cheek]

    * The Marshall Project, a nonprofit, nonpartisan news organization devoted to criminal justice reform, just went online. Check ‘em out. [The Marshall Project]

    * Don’t overdo it when you go about “thinking like a lawyer.” [Law and More]

    * The long-running, racist soap opera in Manhattan state court takes a new turn. After playing a key role in the events that led to the ouster of the top aide to the New York County Clerk, Justice Milton Tingling has applied to be the new New York County Clerk. [WiseLaw NY]

    * In light of Speaker Boehner’s new lawsuit over Obamacare, this is a good time to look back at this interview with Laurence Tribe evaluating Boehner’s chances. [Coverage Opinions]

    15 Comments / / Nov 21, 2014 at 5:16 PM
  • Washington-Redskins-Helmet-2

    FCC, Federal Government

    Petitioner Wants FCC to Ref “Redskins” Debate

    Petition against a broadcast license renewal cites offensive nature of “Redskins” name as basis for denial. Should the FCC really be involved with this?

    / Oct 3, 2014 at 2:23 PM
  • american flag

    Music, Religion, Supreme Court

    The Docket’s Red Glare: Francis Scott Key And The Star-Spangled Banner

    Key’s power of persuasion didn’t lead to victory at the Supreme Court and today that man, Francis Scott Key, is better known as a lyricist than a lawyer.

    3 Comments / / Sep 15, 2014 at 3:43 PM
  • Policeman looking frustrated

    Free Speech, Police, Technology

    Cop To Cameraman: ‘If You’re Invoking Your Rights, You Must Be Doing Something Wrong’

    America in the 21st Century is not as up on the Bill of Rights as you’d hope.

    37 Comments / / Sep 12, 2014 at 10:14 AM
  • dartboard pen on target inside straight

    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.

    14 Comments / / Sep 8, 2014 at 11:27 AM
  • WalterSobchak-RF

  • Purpleheart

    9th Circuit, Alex Kozinski, Free Speech

    On Remand: Purple Hearts And (Not So) White Lies

    Why it’s not a good idea to emulate the guys from Wedding Crashers.

    1 Comment / / Aug 7, 2014 at 3:50 PM
  • Juggalo Washington

    5th Circuit, Affirmative Action, Contract Attorneys, Free Speech, Music, Non-Sequiturs, Supreme Court, Technology

    Non-Sequiturs: 07.16.14

    * The Insane Clown Posse is appealing their loss in the “Juggalos aren’t gang members” case. F**king lawsuits, how do they work? [Lowering the Bar]

    * After losing before the Supreme Court, the University of Texas affirmative action admissions program looked to be in serious trouble. But the Fifth Circuit just ruled that the UT policy met the strict-scrutiny analysis mandated by the Court. The lesson for Abigail Fisher is once more, “How about you get better grades instead of whining?” Or at least “Get politically connected.” [Chronicle of Higher Education]

    * Apple agrees to a conditional $450 million settlement with the NYAG’s office in the e-book suit. So you might get some money back from the 50 Shades of Grey purchase. [Reuters]

    * The Manassas city police have decided not to engage in kiddie porn pursuant to a warrant. Good for them. [Washington Post]

    * “Judges are not deities. They are humans.” Let’s not tell Lat, the shock might kill him. [Katz Justice]

    * Maybe it’s time lawyers started looking out for each other. This is a theme we’ve touched on before. [Law and More]

    * The hell? Parents arrested for letting their 9-year-old go to the park alone? Suffocating parenting is bad enough without the government expecting it of parents. [Slate]

    * CPAs are suing the IRS because the regulation of tax preparers lacks Congressional approval. Because we need more folks off the street claiming to be tax preparers. [TaxProf Blog]

    * Lawyer and former South Carolina GOP executive director Todd Kincannon is under investigation by the South Carolina Office of Disciplinary Counsel for basically being a dick on Twitter. As Ken White notes, the First Amendment is all about giving guys like this a forum. [Slate]

    7 Comments / / Jul 16, 2014 at 5:01 PM
  • Supreme Court portrait 2013

    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.

    72 Comments / / Jul 2, 2014 at 11:15 AM
  • toilet

    Biglaw, Billable Hours, Courthouses, Disasters / Emergencies, Food, Free Speech, Morning Docket, S.D.N.Y., SCOTUS, Supreme Court, U.S. Attorneys Offices

    Morning Docket: 06.27.14

    * Funny that SCOTUS just struck down a law imposing a 35-foot buffer zone around abortion clinics, yet it heavily enforces its own buffer zone. Some call it “supreme irony.” [WSJ Law Blog]

    * Despite the slacking demand for legal services — down by 8.8 percent in terms of billable hours — members of the Am Law 100 still managed to keep their heads above water. [Am Law Daily]

    * Lorin Reisner, chief of the criminal division of S.D.N.Y.’s USAO and Preet Bharara’s right-hand man on Wall Street convictions, is leaving for greener pastures at Paul Weiss. Congrats! [Reuters]

    * New York State’s highest court has rejected New York City’s ban on gigantic drinks that was previously proposed by Mayor Michael Bloomberg. Go on, have yourself a nice Quadruple Big Gulp. [Bloomberg]

    * When the long arm of the law flushes the toilet, it sometimes explodes, raining down jagged shards of justice. But on a more serious note, we’re happy no one was hurt at this courthouse. [Billings Gazette]

    3 Comments / / Jun 27, 2014 at 9:05 AM