First Amendment

/Tag: First Amendment
11 Aug, 2017

Social Media and the First Amendment

2019-03-18T18:47:15-05:00August 11th, 2017|Tags: , , |

With great power comes great responsibility. Millions of people, including politicians, now use various social media platforms as a way to communicate with their followers easily and quickly. Along with the ability to instantly communicate a message to thousands of people comes the ability to “mute” or block those whose comments the user chooses not [...]

8 May, 2012

Seventh Circuit Throws Out Ban On Audio Recording Police Officers

2019-03-18T18:47:45-05:00May 8th, 2012|Tags: , , |

Illinois has one of the strictest laws in the country when it comes to people audio recording police officers in public. But then again, Illinois is also known for a long history of police corruption, and maybe the State thought it could prevent a few civil rights settlements by banning people from recording their interactions with police. Whatever the motivation behind the law, it doesn't [...]

20 Feb, 2012

UCLA Law Professors Duel at the Supreme Court

2012-02-20T06:34:03-06:00February 20th, 2012|Tags: , , , , |

On Wednesday, the Supreme Court will hear arguments in United States v. Alvarez. At issue in this case is whether the Stolen Valor Act, 18 U.S.C. § 704(b)--which makes it a crime to falsely represent that you have been awarded any decoration or medal authorized by Congress for the Armed Forces of the United States--is [...]

28 Jun, 2011

Kagan Reverses Course in First Amendment/Video Game Case

2019-03-18T18:47:57-05:00June 28th, 2011|Tags: , , , , , , , |

I remember when Steve Lubet questioned whether former Solicitor General Ted Olson should be allowed to argue that the federal campaign finance reform statute was unconstitutional in Citizens United, because, as Solicitor General, he had argued a contrary position. At the time, I didn’t understand why that mattered since “advocates represent clients,” [...]

2 May, 2011

Prisoner News Roundup

2019-03-18T18:48:02-05:00May 2nd, 2011|Tags: , , , , , , |

For the next month I will be focusing on prisoners’ issues, because I know that many prisoners’ families come to the CockleBur to keep up-to-date on legal developments affecting prisoners. So here is a roundup of the latest prisoner stories in the news. Last week, the New York Times published an editorial entitled, [...]

25 Apr, 2011

Does A Roadside Cross Endorse Christianity?

2019-03-18T18:48:02-05:00April 25th, 2011|Tags: , , , , |

Last term, Justice Kennedy said in Salazar v. Buono, that a “cross by the side of a public highway,” marking “where a state trooper perished,” was not a statement of “governmental support for sectarian beliefs,” and therefore, would not violate the Establishment Clause. As Lee Corso would say: Not so fast Justice [...]

5 Apr, 2011

Judge Declares Mistrial Due to Ineffective Assistance of Counsel, Judge Kozinski Writes about Lying, and “Verbal Roller Derby”

2019-03-18T18:48:03-05:00April 5th, 2011|Tags: , , , , , |

I have been away from blogging for a week, but wanted to highlight a few noteworthy pieces from the legal blogosphere. I ran across this ATL article about a D.C. Superior Court judge that declared a mistrial in a murder case because the defense lawyer was horribly incompetent. The attorney was a recent [...]

17 Mar, 2011

More On Justice Alito’s Dissent In Phelps

2019-03-18T18:48:04-05:00March 17th, 2011|Tags: , , , , |

Justice Alito’s dissent in Snyder v. Phelps, 09-751,  has received more press than any of his previous  Supreme Court opinions. I covered this topic last week on the CockleBur, as did Dahlia Lithwick, Jeffrey Rosen at the Washington Post, Michael Dorf, Josh Blackman, and  the Harvard Civil Rights-Civil Liberties. Yesterday, John Paul Rollert at the Huffington [...]