First Amendment
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From The Aaaaaand-I’m-Proud-To-Be-An-Americaaaan-Where-At-Least-I-[Pepper-Spray] Dept.
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That’s not how the First Amendment works.
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Surprisingly, knee jerk reactions make for bad policy.
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Why Is The Washington Post Publishing Blatantly False Propaganda About Section 230?
This isn’t even remotely how Section 230 works.
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* Even Jonathan Adler, no fan of Obamacare, can’t support the Justice Department’s shift of position in the ongoing Affordable Care Act litigation out of Texas. [Volokh Conspiracy / Reason]
* John Lauro continues to protect the reputation of his client Wendi Adelson, ex-wife of murdered law professor Dan Markel. [2paragraphs]
* Meanwhile, another player in the Dan Markel case — David Oscar Markus, counsel to Charlie Adelson — argues that Attorney General William Barr and Deputy Attorney General Rod Rosenstein made the right call on obstruction of justice. [The Hill]
* Speaking of the Mueller investigation, Brianne Gorod points out that Congress has the power to ask the district court to release grand jury transcripts and related information from the case. [Take Care]
* Whether or not you agree with Senator Marco Rubio’s proposed constitutional amendment to fix the size of the U.S. Supreme Court at nine justices, it’s not a bad idea to think about possible ways to restructure SCOTUS — as Gordon Renneisen does here. [Law360]
* Meanwhile, as the Court grapples with the cross-shaped war memorial case this Term, Rick Garnett wonders: can a liberal state favor one religion over others? [First Things via PrawfsBlawg]
* Legal tech M&A activity continues apace, with vLex’s acquisition of Justis. [Artificial Lawyer]
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Artificial Intelligence Law Is Here, Part Three
Many open questions remain related to how to regulate AI, such as how we might create laws and policies that protects the public while promoting innovation.
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Judge Rules Trump Twitter Feed A Public Forum, President Can Mute, But Not Block, Users
Hey look, it’s an actual application of the First Amendment
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Ninth Circuit Lets Us See Its Glassdoor Ruling, And It’s Terrible
Friends don’t let friends inadvertently undermine the First Amendment.
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Court Says Google Has A First Amendment Right To Delist Competitor’s ‘Spammy’ Content
Section 230 is still getting the shaft.
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All the way up to the Supreme Court and back and the question still remains unanswered.
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Alex Kozinski, Defamation, Federal Judges, Free Speech, Media and Journalism, Technology
Did Blogging Kill the First Amendment?
Our buddy, the Honorable Alex Kozinski, is on a roll. On Monday, the chief judge of the U.S. Court of Appeals for the Ninth Circuit benchslapped a pair of wealthy, persistently annoying and mildly famous identical twins. The same day, he gave a lecture at San Francisco’s Golden Gate University School of Law, where he […]