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Looking Back — Francis Biddle, Censorship & the “Biddle List”
War threatens all civil rights. — Francis Biddle, December 15, 1941 I was reading Sam Walker’s Today in Civil Liberties History (a daily historical calendar — quite good!) when I came upon this entry...
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FAN 56 (First Amendment News) Floyd Abrams Signs Contract to do Third Book on...
Floyd Abrams If only he didn’t so much enjoy the lawyering life, Floyd Abrams might have been a law professor. For he surely savors publishing books and articles. Witness his Speaking Freely: Trials of...
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FAN 56.1 (First Amendment News) Constitutional & Criminal Law Experts File...
This morning an amicus brief was filed in the case of Ex Parte James Richard “Rick Perry” (App. Ct., 3rd Jud. Dist.); this is how it opens: Amici are an ideologically diverse coalition of experts in...
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FAN 58 (First Amendment News) Citizen Recordings of Police in Public Places —...
We’ve had incidents where people have videotaped us and it requires unbelievable restraint. Typically during times where things can be a little chaotic. We really have to convey we’re living in a...
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FAN 58.1 (First Amendment News) Alan Morrison, “Williams-Yulee – The ruling...
My friend Alan Morrison recently sent me a few short observations he had concerning the new ruling in Williams-Yulle v. Florida State Bar. I thought his comments might be of some interest to FAN...
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FAN 59 (First Amendment News) Williams-Yulee — The Ruling Few Expected . . ....
Now everything will be funneled through a candidate’s committee, which everyone will understand is really just the judge or lawyer-candidate under an authorized cover. —Alan Morrison (May 4, 2015)...
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FAN 59.1 (First Amendment News) Online Instructions on How to Make 3-D...
It’s fun to challenge the State to greater and greater levels . . . To challenge it successfully enough leads to its own suicide, its own collapse. . . . There is a certain kind of logic to it, an...
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FAN 59.2 (First Amendment News) Megyn Kelly & Eugene Volokh Weigh in on...
Defending the right to offend (see video here) (ht: Randy Barnett)
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FAN 60 (First Amendment News) — Mohammed-Cartoon Controversy Continues —...
We defend the First Amendment for everybody because there is no other way to defend it for ourselves. — Ira Glasser (December 1977) Intolerance is a human tragedy and must be addressed. But if there’s...
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FAN 61 (First Amendment News) Past & Prologue — Ralph Young on the History of...
In this post I highlight two new works (one on dissent, the other on data, etc.) to emphasize the importance of history, on the one hand, and the challenge of new technologies to inform the way we...
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FAC 5 (First Amendment Conversations) Madison Unplugged: A Candid Q&A with...
I have spent a lifetime fighting for a very broad First Amendment, keeping the government out of the First Amendment. But I have also said that there is a terrible price that one pays for that. — Burt...
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FAN 61.1 (First Amendment News) Court Decides Facebook “Threats” Case on...
Anthony Elonis The Court just handed down in decision in Elonis v. United States, which had been argued on December 1, 2014. The Court ruled in favor of the Petitioner Elonis. The opinion is here. The...
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FAN 61.2 (First Amendment News) Cato’s Ilya Shapiro weighs in on Elonis
Ilya Shapiro True to form, in Elonis v. United States the Supreme Court continued its unparalleled defense of free speech — this time in the social-media context. Also true to form, however, Chief...
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FAN 62 (First Amendment News) Federal Judge Blasts Liberal Assault on the...
Chief Judge Loretta Preska (credit: NY Law Journal) She is Loretta A. Preska, the Chief Judge of the United States District Judge for the Southern District of New York. And she has just published an...
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FAN 63 (First Amendment News) CJ Roberts: Mr. First Amendment — The Trend...
He has the potential, almost from a running start, to bring a new day and a new era to the Supreme Court. — Senator Arlen Specter (Sept. 26, 2005) Chief Justice John Roberts (photo: Getty Images) He...
View ArticleFAN 63.2 (First Amendment News) — Court denies review in compelled ultrasound...
Today the Court released its orders list. The Justices denied review in Walker-McGill v. Stuart with Justice Antonin Scalia dissenting from that denial. The issue in the case was whether North...
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FAN 63.3 (First Amendment News) Court denies cert in abortion ultrasound case...
Twenty-four states now require an ultrasound to be performed or offered to a woman prior to the performance of an abortion. Five states have enacted essentially the same display-and-describe...
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FAN 64 (First Amendment News) More on the Roberts Court & the First Amendment...
How is First Amendment freedom of expression law being shaped by the current Court? One way to answer that question is to focus on the Justices themselves and on their assignments, voting records, and...
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FAN 64.1 (First Amendment News) Court Hands Down License-Plate Case — 5-4...
Earlier today the Court handed down its ruling in Walker v. Sons of Confederate Veterans. The vote was 5-4 with Justice Stephen Breyer writing for the majority and Justice Samuel Alito in dissent...
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FAN 65 (First Amendment News) Does Justice Thomas believe in a race-hate...
The Ku Klx Klan marched frequently in Savannah [where Clarence Thomas grew up], and Klan members dominated the police ranks of the 1930s, ’40s, and ’50s . . . Ken Foskett, Judging Thomas: The Life...
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