Posts Tagged ‘jury nullification’

First Amendment roundup

  • Dangerous and misguided: Michigan pursues prosecution on charges of jury tampering of man who handed out “jury nullification” pamphlets on public sidewalk outside courthouse [Jay Schweikert, Cato; Jacob Sullum, earlier here, here, etc.]
  • “‘Worst of Both Worlds’ FOSTA Signed Into Law, Completing Section 230’s Evisceration” [Eric Goldman] Among first casualties: Craigslist personals [Merrit Kennedy/NPR, Elizabeth Nolan Brown] And Elizabeth Nolan Brown joins (no relation) Caleb Brown on a Cato Daily Podcast;
  • Is reprinting thumbnail headshots fair use? [Mike Masnick, TechDirt]
  • “16 Pulse survivors sue Google, Facebook, Twitter for ‘supporting’ ISIS” [Daniel Dahm, WKMG Orlando]
  • Not the group it used to be: ACLU calls for government-owned broadband, claims First Amendment may require as opposed to forbid state-operated communications infrastructure [Randolph May and Theodore Bolema, Free State Foundation] More: Scott Greenfield;
  • Cato amicus commercial speech triple-header: Virginia’s ban on promoting happy hours (bars may hold them, but not promote them off premises) is an irrational leftover of Prohibition [Ilya Shapiro] While some commercial speech can be mandated, Ninth Circuit goes too far in upholding government-ordered scripts [Shapiro and Meggan Dewitt on structured-mortgage-payment case Nationwide Biweekly Administration v. Hubanks] Sign laws face tough scrutiny under 2015’s Reed v. Town of Gilbert, and Tennessee’s billboard law, which applies even to noncommercial speech, may run into trouble [Shapiro and Aaron Barnes]

Free speech roundup

Supreme Court and constitutional law roundup

All-Cato edition:

April 20 roundup

Free speech roundup

Free speech roundup

  • Venezuela files suit in U.S. against American website, Dolar Today, that is critical of its currency policies [George Selgin]
  • Michigan: “Felony prosecution for distributing pro-jury-nullification leaflets outside courthouse” [Eugene Volokh, earlier here, here, etc.] More: Judge tosses Denver D.A.’s attempt to jail jury nullification pamphleteers [Jacob Sullum, earlier]
  • Federal agencies should not get to decide for themselves whether they’re violating the First Amendment [Ilya Shapiro, Cato on cert petition in POM Wonderful v. Federal Trade Commission]
  • “After all, a wall can be built around many things, but not around the First Amendment.” One election lawyer’s response to cease/desist letter from Donald Trump [Chris Cillizza/Washington Post, letter courtesy Politico]
  • Court in Turkey considering a doctor’s comparison of Turkish President Erdogan with “Lord of Rings” character Gollum, and the results are preciousss [Sarah McLaughlin, Popehat]
  • Update on climatologist Michael Mann’s defamation suit, still in progress [Jonathan Adler, earlier]
  • Attacks on the right to speak one’s mind are multiplying. Would better civics education help? [George Leef, Forbes]

Free speech roundup

  • “Denver DA charges man with tampering for handing out jury nullification flyers” [Denver Post, earlier New York case covered here, here, here, etc.] More: Tim Lynch, Cato.
  • Occupational licensure vs. the First Amendment: Texas regulators seek to shutter doc’s veterinary advice website [Ilya Shapiro, Cato]
  • Fired for waving rebel flag? Unlikely to raise a First Amendment issue unless you work for the government, or it twisted your employer’s arm [Huntsville (Ala.) Times, Daniel Schwartz]
  • “Twitter joke thieves are getting DMCA takedowns” [BoingBoing]
  • A reminder of Gawker’s jaw-droppingly bad stuff on freedom of speech (“Arrest Climate Change Deniers”) [Coyote, related]
  • Canadian lawyer/journalist Ezra Levant facing discipline proceeding “for being disrespectful towards a government agency” [Financial Post, earlier]
  • “‘Shouting fire in a theater’: The life and times of constitutional law’s most enduring analogy” [Carlton Larson via Eugene Volokh, also Christopher Hitchens on the analogy]

June 17 roundup

  • Skull and crossbones to follow: San Francisco pols decree health warnings on soft drink, Frappuccino billboards [Steve Chapman]
  • Judge criticizes feds’ punitive handling of AIG rescue as unlawful, but says no damages are owed to Hank Greenberg [Bloomberg, Thaya Knight/Cato, Gideon Kanner who predicted outcome, W$J]
  • Congress resisting Obama/HUD scheme to force communities to build low-income housing [Jonathan Nelson/Economics21, Marc Thiessen, Affirmatively Furthering Fair Housing or AFFH]
  • California, following New York, proposes 50 hours of mandatory pro bono work for prospective lawyers [John McGinnis]
  • Five part Renee Lettow Lerner series on historical role and present-day decay of juries [Volokh Conspiracy, introduction, parts one, two, three, four, five] Related: Mike Rappaport and follow-up on Seventh Amendment, Liberty and Law.
  • Latest Scotland drunk-driving blood threshold: Drivers “warned that having ‘no alcohol at all’ is the only way to ensure they stay within the limit” [Independent via Christopher Snowdon]
  • How not to argue for bail reform: Scott Greenfield vs. NYT op-ed writer [Simple Justice]

July 29 roundup