- High court tees up case on ObamaCare constitutionality, potentially one of the most significant in decades [Ilya Shapiro, Cato]
- “Andrew Sullivan Is Wrong About the Supreme Court and Guns” [Damon Root]
- Trade groups’ advocacy: judge quashes Tillery subpoena as chilling to free association [Madison County Record]
- Takings: “California’s Kafkaesque Rent Control Laws” [Richard Epstein] Things may be worse in China, though: “more than one attendee described Beijing as Kelo-on-steroids” [same]
- No, the federal government can’t find authority to overstep its otherwise delimited powers by entering into treaties calling for it to do so [Shapiro]
- Authors: U.S. Constitution is becoming less influential as model to foreign nations [Law/Versteeg via Zick, ConcurOp]
- Fight between strip-search lawyers leaves little to imagination [Kerr]
Posts tagged as:
First Amendment
Brushing off First Amendment objections, a federal court has ruled that a union can be sued for “retaliation” after it defended itself in print against a lawsuit by two of its members. [Eugene Volokh]
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Neither Stephen Bainbridge nor Larry Ribstein is particularly impressed by it.
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- Pre-terror-attack antibiotic availability? HHS doesn’t think you’re sophisticated enough to handle that freedom [Stewart Baker]
- Uh-oh: some New York lawmakers want “a more refined First Amendment” [Slashdot, Lucy Steigerwald]
- Wal-Mart v. Dukes decision could curb certification of some wage and hour class actions [Fox]
- “Miss. Supreme Court Removes Judge from $322M Asbestos Case Because of Dad’s Lawsuits” [ABA Journal]
- Mass. town wants to seize family motel under forfeiture law, IJ objects [Jacob Sullum, Mark Perry]
- Will FDA use its new tobacco-regulatory power to stub out cigars? [DC]
- “Dole settles pesticide litigation” [WSJ Law Blog, background]
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The First Circuit federal court of appeals has ruled that the First Amendment protects the right to record police officers’ public activity, notwithstanding a Massachusetts law banning “wiretapping.” Meanwhile, in Chicago, a jury speedily acquitted Tiawanda Moore on charges that she had committed a similar offense by using her Blackberry to record the visit of officers who were attempting to talk her out of a sexual harassment complaint against a member of the force. [Glenn Reynolds, Examiner, Gizmodo; earlier here, here]
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Eugene Volokh predicts that a Minnesota jury’s award will not stand; not only are people “constitutionally entitled to speak the truth about others, even with the goal of trying to get them fired,” but the “First Amendment constrains the interference with business relations tort, just as it constrains the infliction of emotional distress and other torts.” [Volokh Conspiracy]
- First Amendment wins as SCOTUS strikes down violent-videogame ban [Ilya Shapiro, Hans Bader] Justice Scalia cites “Snow White” and “Hansel and Gretel” [Ann Althouse]
- More Wal-Mart v. Dukes analysis [Schwartz, Althouse, Trask, Fisher, Beck, Sergio Campos/Prawfs] And aftermath for the litigants and others: ABA Journal (Pelosi wants legislative fix), CLP (plaintiffs), Reuters (law firm that’s won hundreds of millions in class actions complains it’s sunk $7 million into the case), Ted Frank (responding to that), Bay Citizen (”Foundations Could Pull Plug on Wal-Mart Suit”).
- “Would the REINS Act Rein In Federal Regulation?” [Jonathan Adler, Regulation magazine (PDF)]
- “Hypotheses Are Verified By Testing, Not By Submitting Them To Lay Juries For A Vote” [David Oliver; Drug and Device Law on denture cream product liability suit]
- Clash between federalism and some med mal reform proposals could have implications for ObamaCare battle [John Baker, Daily Caller; earlier]
- Dan Snyder Gets a Taste of D.C.’s New Anti-SLAPP Law [Citizen Media Law, earlier]
- Court skeptical of testimony of lap dance expert [Legal Blog Watch]
Ohio: “A family with an extensive history of legal action against a number of school districts and municipalities has filed a $1 million civil lawsuit against Middletown City Schools. Orlando Bethel — who refers to himself as a fire and brimstone preacher in court documents, and his wife, Glynis — filed the action Friday in Cincinnati federal court after one of their three children, Zoe, wore a T-shirt at the high school proclaiming ‘god hates (expletive)’ and ‘repent or burn in hell.’” [Dayton Daily News]
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- “Raging Bitch”: Frederick (Md.) brewery says its beer label is a First Amendment issue [Frederick News-Post]
- UK soccer: Sunderland fan sues club after being hit by stray Djibril Cissé shot [Guardian]
- DirectBuy: “When 36 AGs Object to Your Class Action Settlement, That’s Not a Good Sign” [Karlsgodt] “Court reduces fees after CCAF objection to HP settlement” [Ted Frank] Russell Jackson on ink-cartridge settlements;
- Time for Congress to repeal the Uniform Federal Drinking Age Act [Glenn Reynolds/WSJ via WSJ Law Blog]
- Claim: business investment isn’t really much impaired by regulatory uncertainty [Lardner]
- Update: “Righthaven drops suit against mildly autistic hobby blogger” [Romenesko, earlier] And it sues, then drops suit against, writer based on his article about one of its suits [ArsTechnica, PaidContent]
- George Wallace hosts Blawg Review #304 at Declarations and Exceptions and #305 at A Fool in the Forest;
- Suspicious website promotes nonexistent law firm [Brian Baxter, AmLaw Daily]
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Sen. Lindsey Graham (R-S.C.) and other politicos seem willing to let foreign mobs dictate the limits of American free speech. [Andrew Stuttaford, Matt Welch, more]
At The Atlantic, civil libertarian Wendy Kaminer catches Washington Post columnist Katrina Vanden Heuvel misrepresenting the role of campaign spending in the defeat of Wisconsin Sen. Russ Feingold, and the New York Times — in a more appalling lapse of journalistic standards — digging in to defend gross misstatements about the high court’s opinion.
- Adios to Rum and Coke? “FDA, FTC crack down on caffeinated alcoholic drinks” [WaPo]
- Flap over Justice Alito’s attendance at conservative magazine’s dinner may be much ado about nothing [Steele, Legal Ethics Forum]
- “Cops Threaten Mom for Letting [8 Year Old] Son Play Outside” [Free-Range Kids]
- Contrary to some assertions, American courts from early on did recognize that tort liability could run into First Amendment constitutional limits [Eugene Volokh, Iowa Law Review, PDF]
- Woman pleads guilty to insurance fraud after obtaining $300,000 over low-speed auto collision [Seattle P-I]
- Well-known examples to the contrary, regulation doesn’t always favor big business against small [Bryan Caplan]
- Should “professional plaintiffs” have standing? [Brandon Murrill, William & Mary Law Review, PDF]
- Blonds not protected class under federal employment discrimination law, judge declares [six years ago on Overlawyered]
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Two Lee County, Florida men face possible prison sentences of five years because their MySpace pages show them making hand gestures that prosecutors say are associated with street gangs. “Their prosecutions are the first under a state law passed last year that criminalizes the use of electronic media to ‘promote’ gangs.” The bill’s sponsor, state legislator Rep. William D. Snyder, R-Stuart, says in response to charges that the measure violates the First Amendment by criminalizing expression: “none of our freedoms are absolute, and the freedom of expression is not absolute”. [Steven Beardsley, Naples Daily News, Jul. 30] (& welcome Reason “Hit and Run”, Coyote readers)
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A bill sponsored by Rep. Linda Sanchez (D-Calif.) would criminalize a wide swath of controversial and impassioned speech on the internet, in everything from blogs to forums to email. Incredibly, it has fifteen sponsors. Eugene Volokh has details, and Hans Bader in the Examiner explores some of the implications.
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Eugene Volokh notes a disturbing case arising from land-use conflicts in Walkersville, Maryland.
- No back-alley bikini lines: New Jersey consumer affairs director rejects proposed ban on Brazilian waxing [Asbury Park Press, JammieWearingFool, Jaira Lima and protest site, Popehat, News12 video] Florida, however, won’t let you get a fish-nibble pedicure [WWSB]
- Kids doing well in homeschool but divorcing dad disapproves, judge says they must be sent to public [WRAL, Volokh]
- Al Franken comes out for loser-pays in litigation (well, in this case at least) [MSNBC "First Read"]
- U.K.: “A man who tried to kill himself has won £90,000 in damages from the hospital which saved his life but hurt his arm in the process” [Telegraph]
- Life in places without the First Amendment: “Australia’s Vast, Scattershot Censorship Blacklist Revealed” [Slashdot, Volokh, Popehat]; British Telecom passes all internet traffic through “‘Cleanfeed” filters to identify (inter alia) racist content [Glasgow Herald]
- More on that suit by expelled student against Miss Porter’s School; “Oprichniki” said to be not identical to Keepers of Tradition [NYTimes; our December coverage]
- “Why We Need Cop Cameras” [Steve Chapman, Chicago Tribune] Shopkeepers terrorized in Philadelphia: “The thugs had badges.” [Ken at Popehat]
- Counting former lobbyists in Obama Administration? Don’t forget Kathleen Sebelius [Jeff Emanuel, RedState]
- Wisconsin: “$50,000 claim filed over girl’s time-out in school” [Milwaukee Journal Sentinel]
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Due to work and family commitments today and tomorrow, this may be my final post at Overlawyered. Walter Olson will be returning shortly.
- Eight Los Angeles police officers may face suit from an unwilling Jamie Lynn Spears decoy. Why does the LAPD provide any officers at all to protect B-list celebrities?
- What slippery slope? New Jersey Civil Rights Division finds discrimination in case of Methodist ministry which refused to rent a pavilion for civil union of two lesbians, but otherwise rented the pavilion for marriage without regard for sectarian concerns. Perhaps this makes sense if sexual orientation is protected under New Jersey civil rights law, but I’m pretty sure New Jersey still gets it wrong on the First Amendment;
- Revolutionary breathrough in cellular anti-aging, or journalistic malpractice?
- “But the majority voted not to disbar since they saw a distinction between an attempt to have sex with the minor and actually doing it.“ Like Eric Turkewitz, I’m astonished;
- In building a law firm, perhaps Craigslist is not the best substitute for traditional recruiting practices;
- Great news for British authors of Popeye fan fiction. American fans are still out of luck;
- Talk show hosts whose entertainment relies on “zinging” stupid guests, with the support of an even more stupid audience, should never invite Christopher Hitchens to appear on their shows;
- Thoughts on whether it’s deceptive, or just lame, to call a solo law practice “the Law Offices of John Smith” or “John Smith and Associates” from sole practitioner Scott Greenfield.
In the event that this is my final piece here, I’ve enjoyed my stint guest-blogging, and commend Walter on the hard work he’s done through the years to make this a great site, as well as to build an unusually good commenting audience. Happy new year!
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