Update: San Diego v. Roe

We earlier covered the ridiculous decision in Roe v. San Diego (Jan. 29), where a police officer claimed to have a first-amendment right to sell both homemade porn videos using his official uniform and his official uniform–and the Ninth Circuit actually agreed that this was a triable claim. The Supreme Court thought otherwise in a […]

We earlier covered the ridiculous decision in Roe v. San Diego (Jan. 29), where a police officer claimed to have a first-amendment right to sell both homemade porn videos using his official uniform and his official uniform–and the Ninth Circuit actually agreed that this was a triable claim. The Supreme Court thought otherwise in a short 9-0 decision yesterday, throwing out the case without oral argument in a stern rebuke of the lower court. (Onell R. Soto, “High court backs firing of officer in San Diego”, San Diego Union-Tribune, Dec. 7; David Savage, “High Court Upholds Firing of San Diego Police Officer”, Los Angeles Times, Dec. 7; see also Catherine Seipp, “Coffee, Tea, or Fired for Blogging?”, NRO, Nov. 24).

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