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#224. April 2024
Private, Shmivate: Sit-ins, Campouts, and True Threats Are Constitutionally Unprotected at Universities, Whether Private or Public
Blog: Reason.com
The Wall Street Journal had an editorial this morning called "Defining Free Speech Down on Campus"; I agree that disruptive protests are unprotected by the First Amendment, but I think the editorial erred in its emphasis. The editorial begins by arguing that no First Amendment rights to protest on privately owned property: Universities are supposed…
Blogbeitrag
#324. April 2024
Gen. Michael Flynn's Brother v. CNN "False Light" Lawsuit Dismissed
Blog: Reason.com
From today's decision by Judge Arun Subramanian (S.D.N.Y.) in Flynn v. CNN, Inc.: Plaintiffs Jack and Leslie Flynn have sued Defendant Cable News Network … under Rhode Island's false-light statute. The Flynns claim $75 million in damages. The entire dispute stems from a six-minute segment and, more specifically, the segment's use of a two-second clip…
Blogbeitrag
#424. April 2024
No Pseudonymity in Lawsuit Challenging N.Y.'s Involuntary Commitment System as It Affects Gun Rights
Blog: Reason.com
In P.D. v. Sullivan (S.D.N.Y.), plaintiff alleges: New York State Mental Hygiene Law 9.39 is used to admit individuals to a hospital solely for emergency observation and evaluation as a person "alleged" to have a mental illness. An admission under MHL 9.39 is not a formal adjudication that an individual suffers from a mental disease or…
Blogbeitrag
#524. April 2024
John McWhorter on the Columbia Protests
Blog: Reason.com
An excerpt from his column in yesterday's N.Y. Times: Last Thursday, in the music humanities class I teach at Columbia University, two students were giving an in-class presentation on the composer John Cage. His most famous piece is "4'33"," which directs us to listen in silence to surrounding noise for exactly that amount of time.…
Blogbeitrag
#623. April 2024
Northwestern Dean of Students' Presence at Anti-Israel Protest
Blog: Reason.com
[UPDATE 4/24/24: See David's response here.] I've seen some items online asserting that the Northwestern Dean of Students "joins anti-Israel rally organized by far-left student groups," was "openly standing in solidarity with students engaged in anti-Semitism and intimidation," or was otherwise at fault in supporting the rally. Our own David Bernstein, for instance, posted at…
Blogbeitrag
#722. April 2024
District Court Unseals Sentencing Memorandum in Case Involving Detroit's "Topless Prophet"
Blog: Reason.com
From Judge Linda Parker's opinion Thursday in U.S. v. Markovitz (E.D. Mich.); the defendant is the author of Topless Prophet: The True Story of America's Most Successful Gentleman's Club Entrepreneur, though the criminal case appears unrelated to the book: Charles Blackwell initiated this miscellaneous action to unseal the sentencing memoranda in the criminal proceedings against…
Blogbeitrag
#922. April 2024
Despite Police Pushback, Biden Presses On With Visit To Syracuse After Two Cops Were Just Slain
Blog: Reason.com
From the Daily Caller: Biden is set to travel to the city on Thursday to promote the CHIPS and Science Act and announce a grant delivered by the legislation, according to CNY Central News. The president opted not to delay the trip following the loss Syracuse Police Officer Michael Jensen and Onondaga County Lt. Sheriff's Deputy Michael…
Blogbeitrag
#1022. April 2024
Brief Challenging Texas Restriction on "Sexual Gesticulations Using Accessories or Prosthetics That Exaggerate … Sexual Characteristics"
Blog: Reason.com
I was delighted to sign on to this amicus brief supporting the challenge to Texas's S.B. 12 (Woodlands Pride, Inc. v. Paxton (5th Cir.)), which was filed on behalf of Prof. Dale Carpenter (SMU), Dean Erwin Chemerinsky (Berkeley), the Stanton Foundation First Amendment Clinic at Vanderbilt Law School, and me. Here's a summary of the Texas statute,…
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#1122. April 2024
For Those Who Want a More Musical Volokh
Blog: Reason.com
https://www.youtube.com/watch?v=04EaonspyvM Volokh, apparently from the place name Wallachia (Romania), is a klezmer (East European Jewish) musical composition, or perhaps a kind of such composition.
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#1222. April 2024
The Bail Project Isn't Liable for Crimes by People It Bailed Out
Blog: Reason.com
From Troutt v. The Bail Project, Inc., decided Friday by the Kentucky Court of Appeals (opinion by Judge Pamela Goodwine, joined by Judge Christopher McNeill): On February 24, 2022, the Troutts filed a complaint against TBP alleging TBP was negligent in posting a bail bond for Michael DeWitt …, loss of consortium of their daughter,…
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#1320. April 2024
Last Week, a … [UC Berkeley] Professor Confronted a Muslim Student During a Dinner for Graduating Law Students
Blog: Reason.com
From NBC, what strikes me as a misleading characterization of Professor Catherine Fisk's confronting a student who pulled out a microphone to orate at a dinner organized at the professor's (and Dean Erwin Chemerinsky's) house.
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#1420. April 2024
Pennsylvania Court Lets Suit Over Removal of Columbus Statue Go Forward
Blog: Reason.com
Such a removal by the city from city property wouldn't violate the First Amendment, but that doesn't preclude claims that the removal violated other legal rules.
Blogbeitrag
#1520. April 2024
White Supremacist Leader Sentenced to 44 Months in Prison for Conspiring to Make Death Threats Against Brooklyn Journalist
Blog: Reason.com
The Justice Department reported yesterday: Earlier today, at the federal courthouse in Brooklyn, Nicholas Welker, also known as "King ov Wrath," was sentenced by United States District Judge Pamela K. Chen to 44 months' imprisonment for conspiring to make death threats. Welker, the leader of Feuerkrieg Division ("FKD"), an international racially or ethnically motivated violent…