Archive for October, 2013

Texas Court Strikes Down Ban on Communications to Minors “That Relate[] to or Describe[] Sexual Conduct” Made with “Intent to [Sexually] Arouse” | The Volokh ConspiracyThe Volokh Conspiracy

by   |  10.30.13  |  Obscenity and Pornography, Texas Courts

Texas Court Strikes Down Ban on Communications to Minors “That Relate[] to or Describe[] Sexual Conduct” Made with “Intent to [Sexually] Arouse” | The Volokh ConspiracyThe Volokh Conspiracy. More »

Pa. school district votes to appeal ‘I heart Boobies!’ bracelet ruling to Supreme Court – The Washington Post

by   |  10.30.13  |  student speech

This might be a good essay question. More »

‘A Broken System’: Texas’s Former Chief Justice Condemns Judicial Elections – Andrew Cohen – The Atlantic

by   |  10.22.13  |  Texas Courts

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Google | Shared Endorsements | Protest | Eric Schmidt

by   |  10.16.13  |  privacy: appropriation

This relates to our discussion tomorrow on privacy, particularly appropriation of likeness, though I doubt it’s actionable. More »

Broadcasters Ask Supreme Court to Intervene in Aereo Case – WSJ.com

by   |  10.12.13  |  Copyright and Trademark

Broadcasters Ask Supreme Court to Intervene in Aereo Case – WSJ.com. More »

Associated Press Retracts Terry McAuliffe Story – Brian Feldman – The Atlantic Wire

by   |  10.10.13  |  Libel

Might be good facts for an exam question: More »

Texas Privacy Act update

by   |  10.10.13  |  Privacy

I’ve been pretty open with folks that I think the Texas Privacy Act, passed this summer, is unconstitutional. The act reads: More »

Supreme Court Declines to Decide When Online Speech Becomes an Illegal Threat | Threat Level | Wired.com

by   |  10.09.13  |  Free Speech

Attorneys for the veteran, Franklin Jeffries, maintained that the federal threats law — which dates to a 1932 statute making extortion illegal and applies to the offline world as well — was unconstitutional. A felony conviction, these lawyers said, is wrongly based on whether a “reasonable person” (.pdf) would believe the threatening statement was made with the intent to inflict bodily injury and was uttered to achieve some goal through intimidation. More »

Supreme Court Lets Stand 2 Decisions on Campus Speech | Inside Higher Ed

by   |  10.08.13  |  prior restraint

These are both prior restraint cases. It’s important to remember that the Supreme Court not taking the case is not as decisive as the court taking the case and upholding the lower court decision. However, the practical effect in each case is the same. More »

In Conversation With Antonin Scalia — New York Magazine

by   |  10.07.13  |  Supreme Court

Don’t feel obliged to read the whole interview, but I was intrigued by the exchange regarding Satan and his recommendation of The Screwtape Letters. Have you read The Screwtape Letters recently? More »