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Stanford Law Review Online: Privilege and the Belfast Project
The Stanford Law Review Online has just published a Note by Will Havemann entitled Privilege and the Belfast Project. Havemann argues that a recent First Circuit opinion goes too far and threatens the...
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The Stanford Law Review Online: Defending DOMA in Court
The Stanford Law Review Online has just published an Essay by Matthew I. Hall entitled How Congress Could Defend DOMA in Court (and Why the BLAG Cannot). Professor Hall argues that the Bipartisan...
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Bright Ideas: Mark Weiner on his new book Rule of the Clan
Sometimes fortune smiles upon you. I met Mark Weiner when we started law school. My life and my work is much better for it. Mark is a scholar and more. He obtained his B.A. in American Studies from...
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FAN 18 (First Amendment News) — What to do with the First Amendment? Election...
“I have not taken a position, one way or the other, on these constitutional amendments; we are having a hearing.” — Senator Patrick Leahy, June 3, 2013 To amend or not to amend? The question lingers...
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FAN 19 (First Amendment News) Law Prof. Contests Ban on Note-Taking in Courtroom
This first part of this column is about bans on note-taking in courtrooms, federal and state. To illustrate this point, I want to say a few things about a law professor and the recent hell he went...
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FAN 19.1 (First Amendment News) — Media Scholar Named Next Dean of GW Law School
It’s now official: Blake D. Morant, dean of the Wake Forest University School of Law and president-elect of the Association of American Law Schools, will be the next Dean of the George Washington Law...
View ArticleFAN 19.2 (First Amendment News) — High Court Finds Art. III Standing in False...
The Supreme Court just handed down its ruling in Susan B. Anthony List v. Driehaus. The vote was 9-0. Here is the opinion. The issues in the case were: (1) Whether, to challenge a speech-suppressive...
View ArticleFAN 19.3 (First Amendment News) 9th Cir. Strikes California Requirement of...
Earlier today the U.S. Court of Appeals for the Ninth Circuit held unconstitutional California’s requirement that ballot initiative petition forms identify the official initiative proponents. This...
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Richard Posner & NAACP v. Button — A Short History
Since I had to prepare remarks for a panel discussion for today, I was unable to do my weekly First Amendment News column. Instead, I opted to present an abbreviated essay from a work-in-progerss,...
View ArticleFAN 19.5 (First Amendment News) — Supreme Court Decides Public Employee...
The Supreme Court just handed down its opinion in Lane v. Franks. The vote was unanimous and the opinion for the Court was authored by Justice Sonia Sotomayor. The opinion can be found here. Justice...
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FAN 20 (First Amendment News) — New Book, New Legislation, New Study & More News
No First Amendment cases from the Supreme Court today. Most likely tomorrow (perhaps Monday?). → What’s left? The only First Amendment free expression cases left to be decided this Term are: McCullen...
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FAN 20.1 (First Amendment News) – Supreme Court Hands Down Abortion Buffer...
Thursday, June 29, 10:28 a.m.: The Supreme Court just handed down its decision in McCullen v. Coakley (9-0). → The opinion can be found here. → Yet another First Amendment majority opinion by the Chief...
View ArticleFAN 20.2 (First Amendment News) — 28 Briefs Filed in McCullen, Only 1 Cited...
The Court in McCullen v. Coakley had plenty of help offered to it — 28 amicus briefs were filed. Those submitting amicus briefs included the following groups: Cato Institute (Ilya Shapiro) for...
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FAN 20.3 (First Amendment News) — The Roberts Court & Unanimous First...
Who would have guessed the 9-0 vote in McCullen v. Coakley? Back in January there was this assessment from a veteran Court reporter: Equally Divided: “Inside the Supreme Court, the questioning was...
View ArticleFAN 20.4 (First Amendment News) — 9 Comments on McCullen, the Abortion Buffer...
I thought it might be interesting to share excerpts from some of the commentary on McCullen v. Coakley. Here are 9 views on the case: #1 — The American Civil Liberties Union “This is a hard case and...
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FAN 20.5 (First Amendment News) — Move to Amend First Amendment Continues
According to a June 26, 2014 Bloomberg BNA news story by Nancy Ognanovich & Kenneth P. Doyle: “Senate Majority Leader Harry Reid’s (D-Nev.) priority list for Senate action in July includes plans to...
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FAN 21 (First Amendment News) — Looking Back on the 2013-2014 Term & on The...
What a term it has been for the Roberts Court and free speech – Election campaign laws, union dues, government employee speech, abortion clinic buffer zones, and a presidential protest case. Also set...
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FAN 21.1 (First Amendment News) — Group Launches Litigation Campaign to...
L to Rt: Paul Gerlich & Erin Furleigh (Iowa St. U.), Robert Corn-Revere (DWT), Greg Lukianoff (FIRE) & Isaac Smith (Ohio U.) July 1, 2014, National Press Club, Washington, D.C. Today, two...
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FAN 22 (First Amendment News) — New Documentary on Mr. First Amendment — Nat...
Perhaps no person alive better embodies the spirit of the First Amend — robust, rebellious, free-flyin’ and straight-talking — than Nat Hentoff. Fuse the life spirit of Lenny Bruce together with that...
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FAN 23 (First Amendment News) — Paul Smith & Erin Murphy Debate Campaign...
Paul Smith & Erin Murphy It was quite an evening as Paul Smith and Erin Murphy went back-and-forth in a lively exchange discussing the McCutcheon case, campaign financing law, and the First...
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