Free Speech

  • Drone

    Morning Docket

    Morning Docket: 08.28.15

    * Police can shoot beanbags from drones. Oh good, that doesn’t sound like a recipe for abuse at all. [Ars Technica] * Lawyers for Steven Davis move to dismiss as the prosecution rests. Dewey think the judge will laugh this motion out of court? You know, I hate the “Dewey” jokes but they are kind […]

    66 Comments / / Aug 28, 2015 at 8:59 AM
  • gavel scales of justice

    5th Circuit, Free Speech

    En Banc Fifth Circuit Erodes Student Speech Rights

    Off-campus speech gets kid punished and the Fifth Circuit thinks that’s just fine.

    26 Comments / / Aug 25, 2015 at 12:33 PM
  • Jared Fogle (Photo by Jason Kempin/Getty Images)

    Morning Docket

    Morning Docket: 08.19.15

    * This is a footlong you definitely don’t want (but it’s probably much more like a six-incher if he’s lucky). Former Subway spokesman Jared Fogle is expected to plead guilty to child-pornography charges. We can’t wait to see what his plea deal with authorities actually entails. [CNN]

    * Dzhokhar Tsarnaev’s lawyers filed a brief in favor of their client getting a new trial because his attack on the Boston Marathon apparently wasn’t a “crime of violence” within the meaning of the law he was sentenced under at trial. [WSJ Law Blog]

    * “To achieve those solutions, wouldn’t it help if you had a free press?” Justice Ginsburg’s travels recently took her to Vietnam, where she spoke to a packed house about the country’s need for greater freedom of press to promote social justice. [Voice of America]

    * Here’s a little-known fact about Biglaw: many of its most well-known partners were “White House rejects.” For example, Willkie Farr, Dewey & LeBoeuf, Bracewell & Giuliani, and Davis Polk are all named after failed presidential candidates. [Am Law Daily]

    * A New Mexico criminal defense attorney charged with a slew of criminal offenses is representing himself in a trial having to do with his shooting of a man outside his office. His best defense thus far? The man was a “methed-out lunatic.” [Albuquerque Journal]

    167 Comments / / Aug 19, 2015 at 8:59 AM
  • Waco bikers

    Crime, Politics, Texas

    The Reason You Haven’t Heard More About The 177 Bikers Arrested In Waco

    Whatever happened to those Waco bikers? You know, the 177 people arrested at a restaurant in Waco after a motorcycle rally in May ended with nine people shot dead?

    34 Comments / / Aug 17, 2015 at 11:46 AM
  • Submitting a Vote

    Technology

    New Hampshire Law Banning Ballot Selfies Struck Down As Unconstitutional

    Perhaps they should be banned everywhere… but you definitely can’t single out the ballot box.

    7 Comments / / Aug 14, 2015 at 11:38 AM
  • chicken farm poultry farming

    Public Interest

    Ag-Gag Law Falls In Federal Court

    Major victory for animal rights groups.

    31 Comments / / Aug 11, 2015 at 2:37 PM
  • Peabody Energy Logo

    Free Speech

    Peabody Energy Tries To Strike Song Lyrics From Complaint: Welcome To The Streisand Effect

    Response letter says “Non-Traditional Legal Writing Is Good.”

    0 Comments / / Aug 11, 2015 at 2:01 PM
  • Keith Lee

    Small Law Firms, Solo Practitioners, Technology

    Embrace An Opportunity For Conflict

    It’s our role as lawyers to embrace conflict and debate, according to columnist Keith Lee.

    20 Comments / / Jul 30, 2015 at 1:38 PM
  • china

    Technology

    China Surprises No One By Passing Cybersecurity Law That Gives It More Control Of The Internet

    Some countries will surprise you. Some won’t.

    8 Comments / / Jul 10, 2015 at 11:15 AM
  • Justice Clarence Thomas

    Non-Sequiturs

    Non-Sequiturs: 06.24.15

    * Justice Thomas parted with his conservative brethren on the Confederate flag case, but was it a product of his experience as an African-American? Don’t bet on it. [The Volokh Conspiracy / Washington Post]

    * A jury awarded $500,000 to a patient after doctors mocked him while anesthetized. For example, the anesthesiologist said, “I wanted to punch you in the face and man you up a little bit.” Maybe it’s me, but if he sued over that, it sounds like he absolutely deserved that punch in the face. [MedCity News]

    * This title says it all, “I Am An Adjunct Law Professor Who Teaches Five Classes. I Earn Less Than A Pet-Sitter.” [TaxProf Blog]

    * Have you ever wondered how blind people perceive and experience race? Really interesting findings from Professor Osagie K. Obasogie of UC Hastings Law. [Buzzfeed]

    * This may come as a shock, but a report finds that prosecutors cared more about securing convictions than protecting the public. [The Times-Picayune]

    * When we say the immigration system is broken, this is what we mean: 15-year resident with a Columbia Law degree about to be deported. [Vox]

    * In honor of the anniversary of Jaws last week, an examination of Quint’s legal duties to Brody and Hooper. When you consider his potential liability, perhaps he was better off getting eaten. [The Legal Geeks]

    * Federal government paying to scour sewage in Washington state to learn about pot usage post legalization. Note to federal government: they’re the dirty hippies, not you. [Seattle Times]

    34 Comments / / Jun 24, 2015 at 5:30 PM
  • Hilary Bricken

    Free Speech, Marijuana, Social Media

    Marijuana And Social Media: The #PotPolice

    All of us (even those who oppose marijuana legalization) lose out when social media sites quash legitimate speech by unfairly and undeservedly pulling the plug on legitimate content. #SorryNotSorry.

    / Jun 15, 2015 at 4:20 PM
  • That's what you get for having an "opinion."

    Public Interest

    Are Companies Really Fighting Protesters With Restitution Claims?

    The new cost of free speech.

    25 Comments / / Jun 9, 2015 at 1:06 PM
  • Elonis Lyrics

    Facebook, Free Speech

    Supreme Court’s Big 1st Amendment Case Fails To Address 1st Amendment

    Supreme Court leaves the law more muddled than it was yesterday.

    0 Comments / / Jun 1, 2015 at 11:57 AM
  • oops key

    Non-Sequiturs

    Non-Sequiturs: 05.08.15

    * “Representing Yourself? Not Too Smart. Calling The Prosecutor a Nazi? Brilliant!” More “pro sanity.” [Legal Juice]

    * After the resounding Tory victory yesterday, let’s check in on the UK to see what it means for the legal landscape. Oh, it’s going to be the end of legal aid lawyers. That sounds about right. [Legal Cheek]

    * The latest avenue to express support for marriage equality: invite the justices to your wedding. Who knew Staci was ahead of her time. [Supreme Save The Date]

    * Speaking of Staci’s wedding invitee, here’s a new interview with Justice Ginsburg. New question: will interviewers ever get tired of asking her about the “Notorious RBG” moniker? She needs to start responding with “Asked and Answered!” [Moment]

    * Two lawyers run a suburban farm raising and slaughtering animals. So, would they be able to “get” Farmer’s Only? [Washington Post]

    * Professor Steven Lubet explains why Pamela Geller is not morally responsible for the Texas attack. It’s like Palsgraf for morality. [The New Republic]

    * The 2015 Rising Stars list. Do you know one of the 50 young lawyers on this list? [New York Law Journal]

    * What’s wrong with an alternative holding every now and again? [Concurring Opinions]

    * Immigration is magically complex — the same administration crafted two executive actions unilaterally and still managed to make them conflict, as noted by Laura Murray-Tjan. [Huffington Post]

    * Even as clients rail against it, the billable hour is still the key to Biglaw billing, according to Kent Zimmermann of the Zeughauser Group. [Bloomberg BNA / Big Law Business]

    https://www.youtube.com/watch?v=NhHQc9bZ07A

    9 Comments / / May 8, 2015 at 5:07 PM
  • Marilyn J. Mosby (Photo by Andrew Burton/Getty)

    Morning Docket

    Morning Docket: 05.04.15

    * This past Friday, Baltimore State’s Attorney Marilyn Mosby dropped the gavel on the police officers who were allegedly involved in the death of Freddie Gray. Here are seven interesting facts you need to know about this “certified badass.” [New York Magazine]

    * Which law school placed the most graduates from the class of 2014 into full-time, long-term jobs where bar passage was required that weren’t school-funded? Stop. Before you say Columbia Law, you’re wrong for the first time in years. [National Law Journal]

    * Indiana Tech, the little law school that couldn’t, received a recommendation against accreditation from the ABA on its first try. Not to worry, because law school officials say this is just a “minor setback” for all 59 of its students. ::sad trombone:: [News-Sentinel]

    * “You are not doing that here.” Tough titty: Kelly Noe, one of the Ohio women challenging the same-sex marriage ban in her state before the Supreme Court, was yelled at by a security guard for breastfeeding her baby outside the high court. [Cincinnati Enquirer]

    * If you’re hoping to register a “smutty” or “immoral” trademark, then you may be able to get what you want if this Federal Circuit opinion comes down your way. We’ll soon see if a ban on these offensive trademarks violates the First Amendment. [Corporate Counsel]

    29 Comments / / May 4, 2015 at 8:58 AM
  • Morning Docket

    Morning Docket 4.30.15

    * Supreme Court actually limits speech rights and upholds a Florida ban on judicial candidates’ direct fundraising. Here’s the excellent plain English breakdown of Williams-Yulee. [SCOTUSblog]

    * Former NYS Assembly Speaker Sheldon Silver pleaded not guilty to a superseding indictment. [NY Law Journal]

    * Professor Dorf analyzes the sex discrimination rationale in the same-sex marriage case. [Dorf on Law]

    * $1 million in sanctions upheld against a Philadelphia lawyer. [Legal Intelligencer]

    * So this is what they mean by practicing “sexy” law. 2015 list of 100 top Hollywood attorneys revealed. [Hollywood Reporter]

    * In an increasingly rare bipartisan act, patent reform is back on the agenda. [Corporate Counsel]

    * According to a new study by Harvard University, nearly 50% of millennials believe the criminal justice system is unfair. Welcome to the party kids. [NY Post]

    13 Comments / / Apr 30, 2015 at 8:59 AM
  • sony-logo

    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?

    7 Comments / / Apr 17, 2015 at 5:47 PM
  • Non-Sequiturs

    Non-Sequiturs: 04.13.15

    * Attorney General Holder reminds the DOJ not to hire hookers. [Politico]

    * A new demographic angry over gay marriage: gay men who want to protect their sham marriages. Didn’t expect this to be a fight. [Slate]

    * Once you’ve finished binge-watching on Netflix, we ask: is Matt Murdock an ethical lawyer? [Radford & Keebaugh]

    * Patent attorney David Healey at Fish and Richardson is coming out. Here’s the trailer. [YouTube]

    * Richard Hsu talks about jumping off of perfectly good cliffs with Shane Glynn, Product Counsel at Google. [Hsu Untied]

    * Garry Trudeau explains that just because we can say something doesn’t mean we should. Ken questions this logic. In the end though, he proves too much: there are so many powerful, biting criticisms to make that we shouldn’t have to resort to dumb caricatures. [Popehat]

    * Intelligence Squared is hosting a debate on the death penalty. Watch it online Wednesday at 6:45 p.m. Eastern. [Fora.tv]

    * Is it just me, or does her account actually sound awfully suspicious? [Gawker]

    https://www.youtube.com/watch?v=fB_FZa8SNic

    9 Comments / / Apr 13, 2015 at 5:04 PM