Posts filtered by tags: Eugene Volokh[x]


 

Social media law roundup

Was this an entry in a contest to draft the most unconstitutional bill? “Florida Bill Would Make It a Crime for Minors to Post Pictures of Guns on Social Media” [Eugene Volokh] “Everyone involved in politics has bad days, when one’s interests conflict with one’s ideals.” But conservatives should resist the temptation to call in government to regulate the Internet [John Samples] New Republican interest in antitrust explainable by wish to bust corporations considered unfriendly to Republicans [...
Tags: Facebook, Florida, Guns, Law, Uncategorized, Elizabeth Warren, Social Media, Antitrust, Warren, Lafayette, Eugene Volokh, Steven Greenhut, Wrong Right, Scott Shackford, Elizabeth Nolan Brown, John Samples


Proposed Youth Ban on Social Media Gun Pictures shows Gun Control is Total Control

One way: His. (Jason Pizzo/Facebook video screenshot) U.S.A. – -(Ammoland.com)- “If you post it on social media, that’s probable cause for us to come get the guns out of your house,” Democrat Florida State Senator Jason Pizzo proclaimed in a Facebook video three years ago. “That’s it. It’s now on you to explain why you have a gun in your house and why it’s on social media…” He was stumping at the time to change the law to deny the right to keep and bear arms to young adults old enough to vote...
Tags: Facebook, School, Florida, New York, Guns, Youth, US, Social Media, Democrats, Time Magazine, Resistance, U S Department of Justice, Pizzo, Miami Herald, Tallahassee, Eugene Volokh


Proposed Ban on Social Media Gun Pictures Proves Gun Control is Total Control

One way: His. (Jason Pizzo/Facebook video screenshot) U.S.A. – -(Ammoland.com)- “If you post it on social media, that’s probable cause for us to come get the guns out of your house,” Democrat Florida State Senator Jason Pizzo proclaimed in a Facebook video three years ago. “That’s it. It’s now on you to explain why you have a gun in your house and why it’s on social media…” He was stumping at the time to change the law to deny the right to keep and bear arms to young adults old enough to vote...
Tags: Facebook, School, Florida, New York, Guns, Youth, US, Social Media, Democrats, Time Magazine, Resistance, U S Department of Justice, Pizzo, Miami Herald, Tallahassee, Eugene Volokh


March 6 roundup

A longtime progressive objects to the diversity pledge (applying to personal and professional lives alike) soon to be expected of Ontario lawyers and paralegals as a condition of their licenses [Murray Klippenstein with Bruce Pardy, Quillette] More on Cato’s First Amendment challenge to SEC gag-order settlements [Cato Daily Podcast with Clark Neily, Robert McNamara, and Caleb Brown] “Federal judge sanctions lead lawyer in Roundup trial for opening statement ‘misconduct'” [Debra Cassens Weiss...
Tags: Law, Uncategorized, Copyright, Canada, SEC, Securities And Exchange Commission, Ontario, Cato, Ninth Circuit, Sotomayor, CALEB BROWN, Eugene Volokh, Stephen Reinhardt, Paul Levy, Matthew Feeney, Cassens Weiss ABA Journal


Constitutional law roundup

You don’t need to be a religious believer to think the Supreme Court should uphold the continued display of the Bladensburg war memorial cross [George Will/syndicated, ] Cato filed a brief in the case [Ilya Shapiro, Trevor Burrus, Patrick Moran, and Michael Finch on The American Legion v. American Humanist Association] “The Second Amendment In The New Supreme Court” [Federalist Society conference with Renee Lerner, Stephen Halbrook, Mark W. Smith, and others; Halbrook on the Court’s decision...
Tags: Taxes, Guns, Supreme Court, Law, Oregon, Court, Uncategorized, Constitutional Law, Religious Liberty, Eugene Volokh, George Will, Bladensburg, O'Keeffe, American Humanist Association, The American Legion, Ilya Shapiro


Pissed Consumer Exposes New York Luxury Car Dealer's Use Of Bogus Notarized Letters To Remove Critical Reviews (techdirt)

Pissed Consumer has uncovered more fraudulent behavior by companies hoping to scrub critical reviews from its site. The site first uncovered the use of bogus court orders to delist content -- something Eugene Volokh and Paul Levy have turned into a small-time crusade. These fraudulent court documents resulted in some genuine legal action. Questionable reputation management firms are now facing lawsuits from Pissed Consumer and the attorney general of Texas. The latest twist in reputation manag...
Tags: New York, Texas, News, US, Tim Cushing, Eugene Volokh, Paul Levy, Luxsport Motor Group, Stephanie Chrysten Lynch, Luxsport


Free speech roundup

We’ll pass the bill first, and let the courts tell us later whether it violates the First Amendment. That’s not how it’s supposed to work [my Free State Notes on a Maryland “cyberbullying” bill] Local laws requiring government contractors to disclose/disclaim ties to the anti-Israel BDS movement have rightly come under criticism. Will that spill over to a constitutionally dubious new Los Angeles ordinance requiring contractors to disclose ties with an advocacy group devoted to a different iss...
Tags: Maryland, Guns, Bullying, Law, Montana, Israel, Uncategorized, Los Angeles, New York Times, Paris, Wisconsin, Pbs, Copenhagen, Free Speech, ABA Journal, Michael Mann


February 20 roundup

Get me Civics, and make it an emergency: West Virginia legislature “moves to withhold judicial retirement benefits until state supreme court overturns a ruling” [Gavel to Gavel] Do threats to publish intimate pictures of Jeff Bezos fall under provisions of criminal blackmail law? [Eugene Volokh] Manuel Reyes, head of the Puerto Rico Food Marketing, Industry and Distribution Chamber, argues that policy shifts have heightened the costs of the Jones Act [Cato Daily Podcast with Caleb Brown, ea...
Tags: Taxes, Law, Uncategorized, West Virginia, Judges, Jeff Bezos, Oklahoma, CALEB BROWN, Eugene Volokh, Ilya Somin, Ilya Shapiro, Taxis And Ridesharing, Voter Fraud, Gavel, Ryan Bourne, Manuel Reyes


Three Amicus Briefs Filed with Supreme Court in Knife Rights’ NYC Gravity Knife Case

Three Amicus Briefs Filed with Supreme Court in Knife Rights' NYC Gravity Knife Case USA – -(AmmoLand.com)- Three amicus curiae (friend of the court) briefs have been filed in support of to the Supreme Court of the United States in our nearly eight-year-old civil rights lawsuit over New York City's persecution of pocket knife owners. Knife Rights Chairman Doug Ritter said, “we are thrilled to have three really strong amicus briefs from a diverse group of parties supporting our effort to ge...
Tags: New York, Guns, Supreme Court, Washington, New York City, United States, Yale, Lawsuits, U S Supreme Court, Cato Institute, Ritter, Richmond Virginia, Second Circuit, Supreme Court of the United States, Emory Law School Supreme Court Advocacy Program, Eugene Volokh


Non Sequiturs: 02.17.19

* I share Allahpundit's take on the retirement buzz around Justice Clarence Thomas (recently discussed by Jeffrey Toobin, but also in the air at last November's Federalist Society conference): it's certainly possible, and if it happens, Judge Amy Coney Barrett and Judge Amul Thapar are the two top picks. [Hot Air] * And Judge Barrett is protecting her prospects for Supreme Court confirmation: she just joined the opinion of a fellow shortlister, Judge Diane Sykes, that dutifully applies Hill v. ...
Tags: Supreme Court, Law, Scotus, Colorado, Poker, Free Speech, Jeffrey Toobin, Hill, Roger Stone, Institute for Justice, U.S. Chamber of Commerce, Adam Feldman, Barrett, Allahpundit, Clarence Thomas, Eugene Volokh


Guy Who Forged A Court Order To Delist Content Issues More Bogus Takedown Notices To Remove Posts Discussing His Forgery (techdirt)

The wholly-expected has occurred as a result of Eugene Volokh's exposure of bogus takedown demands targeting unflattering content -- like criminal complaints and factual news articles detailing criminal acts. The Volokh Conspiracy has been targeted by two bogus takedown requests by the same party who engaged in the bogus takedown requests Volokh previously wrote about. The first one received targeted a post of Volokh's hosted at the Washington Post. Hilariously, it claims Volokh is the real tr...
Tags: Google, News, Washington Post, Google Inc, Lichterman, Tim Cushing, Eugene Volokh, Volokh Conspiracy, Lumen, Volokh, Don Lichterman


Non Sequiturs: 01.27.19

* Regarding the nomination of Patrick Bumatay to the Ninth Circuit, "Why are Democrats fighting the judicial nomination of a qualified gay minority?" Good question! [The Federalist] * Speaking of highly qualified minority nominees under attack, Carrie Severino argues that it's the critics of D.C. Circuit nominee Neomi Rao, not Rao herself, who are being inflammatory. [National Review] * And KC Johnson, reviewing the collegiate writings by Rao that have generated the attacks against her, argues...
Tags: Law, Federal Judges, New York State, Federal Trade Commission, Ftc, D C Circuit, Covington, Alex Spiro, Eugene Volokh, Rao, Quinn Emanuel, Constitutional Accountability Center, KC Johnson, City Journal, Jim McGuire, Daniel Sullivan


Thursday round-up

At The Daily Signal, Elizabeth Slattery and Amy Swearer remark Tuesday’s cert grant in New York State Rifle & Pistol Association Inc. v. City of New York, New York, a challenge to New York City’s limits on transporting personal firearms, “gives the Supreme Court an opportunity to shed some much-needed clarity on its Second Amendment jurisprudence and ensure that the right is not treated like a second-class right.” At The Atlantic, Garrett Epps writes that “[a]lmost of necessity, the result is li...
Tags: Supreme Court, Law, New York City, Court, America, Trump, Round-up, Jennings, Michael Dorf, Rodriguez, Deferred Action for Childhood Arrivals, Steven Mazie, Department of Commerce, David French, Eugene Volokh, Teva Pharmaceuticals


Non Sequiturs: 01.13.19

* A happy 200th birthday to Cravath, which celebrates its bicentennial in 2019 (and which has launched a sharp-looking, historically rich microsite for the occasion). [Cravath/200] * According to Dayvon Love, "the policy response from mainstream political institutions and the Democratic Leadership in Maryland to the issue of gun violence and homicide in the Black community is mired in racism." [Leaders of a Beautiful Struggle] * The current Term of the Supreme Court doesn't boast many blockbus...
Tags: Florida, Crime, Maryland, Supreme Court, Law, Scotus, Copyright, Racism, United States, Intellectual Property, Government Shutdown, Shutdown, Capitol Records, Florida Supreme Court, Adam Feldman, Grady


Schools and childhood roundup

“It also highlights the shortcomings of federal education [privacy] laws that protect even admitted killers like [the Parkland, Florida school gunman] who are no longer students.” [Brittany Wallman, Megan O’Matz and Paula McMahon, South Florida Sun Sentinel] Germany forbids homeschooling and the European Court of Human Rights has just upheld the removal of four children from their parents’ home over the issue [BBC] Is there a constitutional right to homeschool in the U.S.? [Eugene Volokh] ...
Tags: Texas, Law, Washington Post, Germany, Uncategorized, Bbc, Atlantic, Schools, European Court Of Human Rights, Rhode Island, San Antonio, Trump, U S Supreme Court, Rodriguez, Eugene Volokh, Lenore Skenazy


Relist Watch Returns

John Elwood reviews the first relists of 2019. Happy New Year and welcome back! Most of D.C. started 2019 nice and slow, enjoying offices (and roads) made quiet by vacations, both planned and unexpected. But not the Supremes. They jumped in with both feet, when most of the lawyering class was still finishing off their fruit baskets. On January 4, the court gave plenary review to the Maryland and North Carolina political-gerrymandering cases and set them for expedited briefing so they could be ...
Tags: Florida, Texas, Featured, Maryland, Supreme Court, Law, Congress, California, Planned Parenthood, Kentucky, Virginia, New York City, Freedom, Alabama, Indiana, United States


Symposium: The end of a walking dead doctrine?

Richard W. Garnett is Paul J. Schierl/Fort Howard Corporation Professor of Law at the University of Notre Dame. About four and a half years ago, here at SCOTUSblog, commenting on the Supreme Court’s then-recent decision in Town of Greece v. Galloway, I noted that it had been a while since the justices “had shared with us their intuitions, impressions, aruspicies, and auguries – that is, what Justice Breyer calls their ‘legal judgment’ – in a clean-and-straightforward Establishment Clause case in...
Tags: Featured, Supreme Court, Greece, Law, California, Montana, Columbus, Christ, Forest Service, Lemon, Steven Smith, American Legion, Antonin Scalia, Cohen, Homer Simpson, Perry


Free speech roundup

Fourth Circuit rejects gag order on parties and potential witnesses in North Carolina hog farm litigation [Eugene Volokh] Eighth Circuit, interpreting Missouri law’s obligation to register as “lobbyist,” leaves open possibility that requirement extends to unpaid lobbyists, also known as concerned citizens [Jason Hancock, Kansas City Star; Institute for Free Speech on ] “9 Months in Prison for Forging Court Orders Aimed at Vanishing Online Material” [Volokh] Per one account at least 75 fa...
Tags: Google, Law, Uncategorized, Newspapers, Canada, Comcast, Missouri, UK supreme court, North Carolina, Free Speech, First Amendment, Lobbyists, Fourth Circuit, Eugene Volokh, Eighth Circuit, Ilya Somin


Non Sequiturs: 11.18.18

* Walter Dellinger and Marty Lederman offer their analysis of the Office of Legal Counsel memo, written by Assistant Attorney General Steve Engel, on the appointment of Matthew Whitaker as Acting Attorney General. [Just Security] * WWRMD: What Would Robert Mueller Do, in the event that he's fired by Matt Whitaker? His options would be limited, according to Joel Cohen and Jennifer Rodgers. [The Hill] * As for who will become the next Senate-confirmed Attorney General, here are some possibilitie...
Tags: Facebook, Law, Senate, Social Media, Department Of Justice, Bruce Macewen, Josh Blackman, Hill, Florida Supreme Court, Glenn Reynolds, Instapundit, Federalist Society, John Browning, Don Willett, Eugene Volokh, Matthew Whitaker


Federal judge: suit can go forward against Cuomo over regulatory squeeze

A federal judge has ruled the National Rifle Association can proceed with its First Amendment suit against New York Gov. Andrew Cuomo over his pressure on regulated banks, insurers to cut ties with gun rights advocacy groups like the NRA. “U.S. District Judge Thomas McAvoy questioned Cuomo’s claim that his messages about the wisdom and propriety of providing financial services to the NRA amount to nothing but legitimate regulatory oversight and protected government speech.” [Jacob Sullum and bac...
Tags: New York, Guns, Law, Uncategorized, Aclu, Andrew Cuomo, First Amendment, Cuomo, Nra, National Rifle Association, RATTNER, Jacob Sullum, Eugene Volokh, Hans Bader, Regulatory Retaliation, NRA U S District


Free speech roundup

Repercussions of Supreme Court’s Janus ruling on bar associations’ compulsory extraction of dues from nonmembers [Oregonian] “State Supreme Court calls a ‘timeout’ for Washington Bar Association to review its rules” Steve Miletich, Seattle Times] “ABA Model Rule 8.4(g) Cannot Survive the Supreme Court’s Recent Decisions in NIFLA and Matal” [Kim Colby, Federalist Society, earlier on rule banning some types of speech and expression by lawyers on anti-discrimination grounds] Pardoned former sher...
Tags: Supreme Court, Law, Uncategorized, New York Times, Joe Arpaio, Donald Trump, Free Speech, First Amendment, Bar Associations, Seattle Times, Ashers, State Supreme Court, David Henderson, Janus, Jacob Sullum, Eugene Volokh


Supreme Court roundup

“The Supreme Court should…reaffirm that the Constitution’s prohibition against ex post facto lawmaking forbids states from skirting constitutional scrutiny by simply labeling penalties as ‘civil'” [Ilya Shapiro and Nathan Harvey on Cato certiorari brief in Bethea v. North Carolina] Interesting: arguments that might work for progressive litigation outcomes in a more conservative Supreme Court [Daniel Hemel, Take Care] Notable cert grants: continued viability of Illinois Brick indirect pur...
Tags: Apple, Supreme Court, Law, Congress, California, Uncategorized, Pepper, Homeland Security, Department Of Homeland Security, Constitutional Law, Cato, Peter Phillips, Henry Schein Inc, Bartlett, Eugene Volokh, Gundy


Non-Sequiturs: 10.07.18

* Should you go to law school? Our very own Kathryn Rubino lays out the pros and cons. [Policydb8] * You don't have to practice law; here's the story of how I went from practicing lawyer to founder of Above the Law, which I recently shared with Goli Kalkhoran. [Lessons From A Quitter] * UVA Law graduate Johnathan Perkins -- whose 3L controversy, covered in these pages (and elsewhere), turned out to be very different from initial reports -- has recommendations for improving the school's Honor S...
Tags: Technology, Supreme Court, Law, Scotus, Law Schools, Legal Technology, U S Supreme Court, Adam Feldman, Grady, Eugene Volokh, David Post, Non-Sequiturs, Kathryn Rubino, Cavalier Daily, Career Alternatives, Career alternatives for attorneys


Brett Kavanaugh confirmed by Senate, sworn in as Justice

The vote was 50-48, along party lines except for one Republican and one Democrat. Sen. Susan Collins (R-Maine) explained her vote in a widely noted speech [video and transcript] Commentary: Politico symposium with Ilya Shapiro, Ilya Somin, and others; David French (pro) and Benjamin Wittes (con) views of confirmation; point-counterpoint on Kavanaugh’s final hearing testimony from David Post (critical of nominee), Eugene Volokh response, David Post rejoinder. Those intent on defeating Kavanaugh p...
Tags: Law, Senate, Uncategorized, Atlantic, Maine, Republican, John Podhoretz, Noah Feldman, Benjamin Wittes, Kavanaugh, Sen Susan Collins, Eugene Volokh, David Post, Ilya Somin, Judicial Nominations, Brett Kavanaugh


A Law Professor's Case In Support Of Justice Kavanaugh

NPR's Michel Martin speaks with UCLA Law Professor Eugene Volokh about his thoughts on Judge Brett Kavanaugh's path to the Supreme Court.
Tags: News, Npr, Ucla, Michel Martin, Kavanaugh, Eugene Volokh, Brett Kavanaugh


Higher education roundup

Administrators at University of Southern Maine, a public institution, hastily yank course that offered credit for harassing Sen. Susan Collins on Kavanaugh nomination [Dennis Hoey, Portland Press Herald, USM press release] Some colleges would rally around an alumnus nominated to the high court, while others would maintain institutional neutrality. At Yale a large faction demanded a commitment to opposition [Peter Schuck, Minding the Campus; related Twitter thread (“2018: the year of weaponizin...
Tags: Law, Israel, Uncategorized, Maine, Yale, Ada, Law Schools, Kavanaugh, Sen Susan Collins, Eugene Volokh, University of Southern Maine, Orin Kerr, Political correctness, Colleges and Universities, Disability & Schools, Peter Schuck


Free speech roundup

“Netherlands Prosecuting Man for Insulting Turkish President Erdogan” [Eugene Volokh] Among articles in the new Cato Supreme Court Review: Robert McNamara and Paul Sherman on NIFLA v. Becerra (California law prescribing speech by “crisis pregnancy” centers, earlier); Rodney Smolla on Mansky (restrictions on political apparel at polling places, earlier); Fifth Circuit: No, Louisiana cannot make it a crime to “intimidate” police officers by threatening to complain about them [Volokh] “Can th...
Tags: Facebook, Twitter, Law, Police, Uncategorized, Netherlands, Erdogan, Louisiana, Sacha Baron Cohen, Roy Moore, Mike Masnick, Josh Blackman, Ken, Fifth Circuit, Steve Wynn, Eugene Volokh


Labor and employment roundup

Are public subsidies to low-earning employees a subsidy to their employers, as Sen. Bernie Sanders claims? [Cato Daily Podcast with Ryan Bourne and Caleb Brown; Bourne in USA Today and National Review] “To Speak or Not to Speak, That Is Your Right: Janus v. AFSCME” [David F. Forte, Cato Supreme Court Review] From two critics of decision: “What Janus Got Right — and Wrong” [Will Baude and Eugene Volokh] “More on Suits against Unions for Janus Violations” [Will Baude] Earlier here, here, etc....
Tags: Verizon, Workplace, Law, California, Uncategorized, Nlrb, Sen Bernie Sanders, David Henderson, Bourne, CALEB BROWN, Janus, Eugene Volokh, AFSCME, Labor Unions, Harassment Law, Ryan Bourne


Federal Court Strikes Down California Law That Bans Handgun Signs

Federal Court Strikes Down California Law That Bans Handgun Signs, Advertising by Gun Dealers SACRAMENTO, CA –-(Ammoland.com)- Today, federal Judge Troy Nunley ruled that a California law banning licensed gun dealers from displaying handgun-related signs or advertising is unconstitutional and violates their First Amendment rights. The lawsuit, Tracy Rifle and Pistol v. Becerra, is supported by Second Amendment civil rights groups The Calguns Foundation (CGF) and Second Amendment Foundation (SA...
Tags: Guns, Supreme Court, California, Court, Sacramento, San Francisco, First Amendment, Ucla, Antonin Scalia, The Supreme Court, The Foundation, Heller, Eugene Volokh, Ninth Circuit Court of Appeals, Second Amendment Foundation, Brandon Combs


“Ninth Circuit Revives Fight of Washington Cyberstalking Law”

“Ninth Circuit Revives Fight of Washington Cyberstalking Law”: June Williams of Courthouse News Service has this report. And at “The Volokh Conspiracy,” Eugene Volokh — who serves as co-counsel for plaintiff-appellant in the case — has a post titled “State Civil Protective Order Doesn’t Preclude Federal Challenge to Criminal Harassment Statute; An interesting new Younger abstention case from the Ninth Circuit, arising in our challenge to Washington’s very broad criminal harassment statute.” You ...
Tags: Law, Washington, Uncategorized, U S Court of Appeals, Ninth Circuit, Eugene Volokh, Williams of Courthouse News Service