Category: Constitutional Law

stairway-to-heaven-1319562-m-720x340
0

FAN 112 (First Amendment News) Is First Amendment “almost entirely without content”? Yes, writes Mark Tushnet

Over at Balkanization, Harvard Law Professor Mark Tushnet has some provocative things to say about the rule of law and the First Amendment. His post came in response to a New York Times story by Adam Liptak entitled “Donald Trump Could Threaten U.S. Rule of Law, Scholars Say.

Here is what Professor Tushnet wrote:

Professor Mark Tushnet

Professor Mark Tushnet

“I feel compelled to note that — except for blatantly strategic reasons that I actually wouldn’t find compelling — I almost certainly wouldn’t endorse the view that Trump shows contempt for the rule of law and the First Amendment — not because I agree with his views, of course, but because ‘the rule of law’ and ‘the First Amendment’ are almost entirely without content, so that I don’t know how someone could show contempt to ‘them’ — if there’s no there there, I can’t see how you could be contemptuous of ‘it.'”

Then, by way of a parenthetical comment, he added:

“Of course the claim that there’s no there there is backed up by a fairly complicated argument not worth developing here — an important component is that a reasonably well-socialized lawyer can mutter words showing that any proposition asserted to show contempt for the rule of law is actually consistent with the rule of law properly understood, and that those words are indistinguishable in principle from other words uncontroversially regarded as professionally respectable.”

Over at The Volokh Conspiracy, George Mason University Professor David Bernstein took exception: “I think that Donald Trump does show contempt for the rule of law and the First Amendment, which I believe have plenty of ‘content.’ In Trump’s case, I don’t think it’s a rejection of the concept of the rule of law as much as complete, willful ignorance of the principles underlying our legal system.”

Invitation: Given Professor Tushnet’s comment that his is a “fairly complicated argument not worth developing here,” I invite him to say a few more words about what he meant, and I will happily post them.

Elementary School Bans Trump Cap

Logan Autry

Logan Autry

Powers-Ginsburg Elementary School has barred Logan Autry, a nine-year student, from wearing a Donald Trump cap to school. As reported by  Sontaya Rose for ABC News, young Autry said: “The vice principal came up to me and told me to take my hat off because it brings negative attention from other students. And I said no a few times and then the principal told me again and I still said no and refused.”

“For three days straight,” wrote Rose, “the third grader wore the hat to class. But each day, more and more classmates began confronting him at recess. ‘I still want to keep my hat. It’s not the hat that draws attention, it’s just my personality that the other children do not like,’ said Autry.”

“Autry recently moved to Fresno from the foothills, he loves politics and American history. ‘He knows more than I do. He knows more about this election than I know, it’s kind of embarrassing. You know, like are you smarter than a third grader kinda thing. But he is just very adamant about his beliefs and his rights. He wants to be a politician that’s his goal,’ said Angela Hoffknecht, Logan’s guardian. . . .”

FIRE Podcast Interviews with Glenn Greenwald & David Baugh

Over at FIRE, the “So to Speak” podcast interviews continue. The first interview in the series was with Glenn Greenwald. Recall, Greenwald is best known as one of the journalists who coordinated the 2013 National Security Agency revelations made by whistleblower Edward Snowden.

The second podcast interview was with David Baugh, who was the ACLU lawyer who represented the petitioner in  Virginia v. Black(2003) — the cross-burning case.

Nico Perrino, Director of Communications for FIRE, conducted the interviews.

New Book on Free Speech & “Conservative Libertarianism”  Read More

0

UCLA Law Review Vol. 63, Issue 4

Volume 63, Issue 4 (May 2016)
Articles

Accidents of Federalism: Ratemaking and Policy Innovation in Public Utility Law William Boyd & Ann E. Carlson 810
Protecting Disfavored Minorities: Toward Institutional Realism Joy Milligan 894
Insider Trading and Market Structure Yesha Yadav 968

 

Comments

Defending Criminal(ized) “Aliens” After Padilla: Towards a More Holistic Public Immigration Defense in the Era of Crimmigration Andrés Dae Keun Kwon 1035
Public-Private Divide in Parker State-Action Immunity Sina Safvati 1110
0

UCLA Law Review Vol. 63, Issue 3

Volume 63, Issue 3 (March 2016)
Articles

The System of Equitable Remedies Samuel L. Bray 530
Challenging the “Criminal Alien” Paradigm Angélica Cházaro 594
Plenary Power, Political Questions, and Sovereignty in Indian Affairs Michalyn Steele 666

 

Comments

Calibrating the Eighth Amendment: Graham, Miller, and the Right to Mental Healthcare in Juvenile Prison Sara McDermott 712
Mute and Moot: How Class Action Mootness Procedure Silences Inmates Michele C. Nielsen 760
0

UCLA Law Review Vol. 63, Issue 2

Volume 63, Issue 2 (February 2016)
Articles

The Business of Treaties Melissa J. Durkee 264
Choosing Constitutional Remedies Eric S. Fish 322
Judging Third-Party Funding Victoria Shannon Sahani 388

 

Comments

The Courtroom as White Space: Racial Performance as Noncredibility Amanda Carlin 450
Red Belt, Green Hunt, Gray Law: India’s Naxalite-Maoist Insurgency and the Law of Non-International Armed Conflict Sandeep Avinash Prasanna 486
0

Developmental Equality

We live in a time where we can accurately predict the risks and opportunities for many children.  As surely as if we marked them at birth (or even before), we can identify who will likely succeed and who will likely fail by adulthood.  Race and gender, alone and in combination, generate clear odds.  Disparate risk generates a hierarchy of children, and we know who will be at the bottom.  Children’s inequalities are linked to developmental supports for some children, coupled with not only the lack of support for others, but also the presence of barriers and challenges, designed for children to fail, not to succeed.

Children’s inequalities, by race and gender, are particularly evident in the life course of Black boys.  Their patterns from birth to 18 are an example of similar patterns for other children at the bottom.  I do not mean to suggest here a hierarchy of inequalities, but rather to use their life course to adulthood as an example of the marked outcomes for certain children.  At birth, a Black baby boy has more than a one in three risk of being born into poverty.  He has a one in two risk of never graduating from high school.  And he has a one in three risk of being incarcerated in his lifetime, in the juvenile justice system or the adult criminal justice system.  His risk of incarceration doubles if he is born at the lower end of the socio-economic scale.  While he may transcend these risks, the trajectory funnels him toward failure and subordination, to the low end of what is a hierarchy of opportunity for kids.

These disparate negative risks to development are linked to systems that fail him:  systems that do little to support, and much to undermine, his growth to his full potential.  These are systems constructed and perpetuated by the state, at federal, state, and local levels, by the choice of policies despite the evidence of disparate, unequal outcomes along known, identifiable identity lines. Those systems include the poverty system (the clutch of policies that perpetuate poverty, and income inequality by race, rather than provide pathways out of poverty); the education system (highly segregated by race, disparate in resources and outcomes school-to-school, and especially negative in outcomes for Black boys), and the juvenile justice system (a largely boys’ system designed to punish and disadvantage for life rather than rehabilitate; and a sharply disparate system in every negative way for boys of color, particularly Black boys).  In combination, these systems and others directly impact the lives of Black boys, their families, and their communities in negative ways that replicate inequality.  The pattern is not merely one of insufficiency or inadequacy, but of barriers and harms.

The inequalities of Black boys are not unique.  There are other children who are predictably at the bottom, that we expect to be there.  And unequal hierarchies are not unique to American children.  In many countries, data reveal which children are marked for failure.  So, for example, in all countries in Europe in which they are present, Roma children are disproportionately poor, minimally educated, and jobless; the most unequal are Roma girls.  Muslim children similarly are targeted in many European countries, as are migrant and refugee children.

How can we address these inequalities, and those of other identifiable groups of children who reach adulthood lacking in opportunity due to failed outcomes and barriers placed in their way?   I propose that we have to think about these blatant inequalities differently, in order to craft meaningful change, by embracing a model I call “Developmental Equality.”

Read More

stairway-to-heaven-1319562-m-720x340
0

FAN 110 (First Amendment News) Steve Shapiro to Step Down as ACLU’s Legal Director

Civil liberties without Steve Shapiro is like the Rolling Stones without Jagger. — Kathleen Sullivan

Steve Shapiro

          Steven Shapiro

He is a giant in his world, the world of civil liberties. For some two decades he has been the man at the helm of defending freedom on various fronts ranging from free speech to NSA surveillance and more, much more. His journey began 40 years ago as a staff counsel to the New York Civil Liberties Union.

He is Steven R. Shapiro.

Sometime this fall Shapiro will step down as the Legal Director of the American Civil Liberties Union. He has long been the one ultimately responsible for the ACLU’s entire legal program. Equally significant, Shapiro has been most closely involved with the ACLU’s Supreme Court docket. Ever since 1987, he helped to shape, edit, and occasionally write every ACLU brief to the Supreme Court.

  • Law Clerk (1975-1976 ) Judge J. Edward Lumbard, Court of Appeals, Second Circuit
  • J.D. (1975), Harvard Law School, magna cum laude.
  • B.A. (1972), Columbia College

Since 1995 Shapiro has served as an adjunct professor at Columbia Law School, where he has taught “Civil Liberties & the Response to Terrorism,” and “Free Speech and the Internet.”

 Shapiro is a member of the Board of Directors of Human Rights First and the Policy Committee of Human Rights Watch, as well as the Advisory Committees of the U.S. Program and Asia Program of Human Rights Watch.

Steven Shapiro, “The Roberts Court and the Future of Civil Liberties,” Houston Law Center, April 20, 2012

Natalie Singer, “Freedom Fighter, A conversation with Steven R. Shapiro ’75

SCOTUSblog on Camera: Steven R. Shapiro (complete six-part series here)

The Measure of the Man: What Others Say

I invited a few of those who know Steve Shapiro and are familiar with his work to offer a few comments. Before proceeding to their full comments, I selected a set of words drawn from them that capture the measure of the man: Here are those seven words:

“thoughtful” 

“principled”

 “unflappable”

 “effective” 

“remarkable” 

“honest”

“extraordinary”

Nadine Strossen: “Steve Shapiro has been a supremely thoughtful, lucid, persuasive advocate of First Amendment rights and other civil liberties, both orally and in writing. Whether he is serving as Counsel of Record on a Supreme Court brief or giving a sound-bite for the national media, he always presents even the most complex, controversial positions clearly, colorfully, and compellingly.”

EVAN E. PARKER/ THE TIMES Steven Shapiro, legal director of the American Civil Liberties Union, speaks Thursday at Valparaiso University's School of Law about the legal aspects of the United States Patriot Act.

   [credit: Evan E. Parker/ The Times]

Robert Corn-Revere: “Through his long career in defending civil liberties, and First Amendment rights in particular, Steve Shapiro demonstrated that protecting individual rights often requires championing the right to express ideas you abhor, but that doing so is necessary to protect basic freedoms. For those of us who had the privilege of working with him, his principled advocacy will be greatly missed.”

Burt Neuborne: “Steve Shapiro set the standard for all once and future ACLU Legal Directors. I know because I didn’t reach his standard. Steve has a precise and uncannily quick analytic mind that breaks complex fact patterns down into controllable issues, together with a keen strategic sense that accurately separates a good academic argument from an argument having a chance in the real world. Couple Steve’s extraordinary legal ability with his careful approach to administration, unflappable good humor, patience, and deeply principled commitment to the ACLU, and you have the key to his enormous success. He leaves office with the respect and affection of hundreds of lawyers whose work he aided, and with the knowledge that he performed one of the nation’s most important legal tasks with brilliance and humanity.”

Erwin Chemerinsky: “Steve Shapiro has done a truly spectacular job as Legal Director of the ACLU. The ACLU legal staff has grown tremendously and likewise benefitted greatly under his leadership and has made a huge difference in so many areas of law. He has been especially effective in directing the ACLU’s presence in the Supreme Court.”

Kathleen Sullivan: “Over his remarkable tenure Steve’s energy, intellect, and suppleness enabled the ACLU to navigate profound changes in the landscape of security, privacy, and freedom. It has always been a joy to work with him.”

Paul M. Smith: “It has been my privilege and pleasure to work with Steve Shapiro on a large number of projects over the years. For a quarter century, he has been on the job at the ACLU displaying a breadth of knowledge and a depth of wisdom that has been extraordinary.”

Arthur Spitzer: “At a recent ACLU Nationwide Staff Conference where Steve Shapiro’s forthcoming retirement was announced, the event planners handed out cardboard fans that said, ‘We’re all fans of Steve.’ The humor may not have been brilliantly original, but I think no one disagreed with the sentiment. Steve is a terrific lawyer, often seeing the deep problems in a case before anyone else and then seeing the way around them. But I think his even greater value to the ACLU has been his ability to be an honest broker among all the competing viewpoints within the ACLU. As far as I’ve been able to perceive (although from afar, at the local affiliate in DC), everyone feels that Steve understands and appreciates his or her concerns, weighs them fairly, and takes them into account, even if not ultimately agreeing. That will be a hard act to follow.”

UnknownOne Measure of His Work: Free Expression Cases

Below is a list of all the free speech cases (not all First Amendment cases) in the Supreme Court where the ACLU filed or signed onto a brief in the last ten terms. The direct cases are marked by an asterisk; all the others are amicus briefs.

2014 Term:

2013 Term:

2012 Term:

2011 Term:

2010 Term:

2009 Term:

2008 Term:

2006 Term:

2005 Term:

____________

Court Denies Review in Sign Case Read More

0

FAN (First Amendment News, Special Series #3) Newseum Institute Program on Apple-FBI Encryption Controversy Scheduled for June 15th

images

“The government [recently] dropped a bid to force Apple to bypass a convicted Brooklyn drug dealer’s pass code so it could read data on his phone.” — Government Technology, April 27, 2016

Headline: “Department of Justice drops Apple case after FBI cracks iPhone”San Francisco Chronicle, March 28, 2016

The Newseum Institute has just announced its June 15th event concerning the Apple-FBI encryption controversy. Information concerning the upcoming event is set out below:

Date:  June 15th, 2016

Time: 3:00 p.m.

Location: Newseum: 555 Pennsylvania Ave NW, Washington, DC 20001

Register here (free but limited seating):

http://www.newseum.org/events-programs/rsvp1/

The event will be webcast live on the Newseum Institute’s site

Screen Shot 2016-05-18 at 1.10.36 PM

“PEAR” v. THE UNITED STATES

The issues involved in the Apple cell phone controversy will be argued in front of a mock U.S. Supreme Court held at the Newseum as “Pear v. the United States.”

Experts in First Amendment law, cyber security, civil liberties and national security issues will make up the eight-member High Court, and legal teams will represent “Pear” and the government. The oral argument, supported by written briefs, will focus on those issues likely to reach the actual high court, from the power of the government to “compel speech” to the privacy expectations of millions of mobile phone users.

The Justices hearing the case at the Newseum:

  • As Chief Justice: Floyd Abrams, renowned First Amendment lawyer and author; and Visiting Lecturer at the Yale Law School.
  • Harvey Rishikof, most recently dean of faculty at the National War College at the National Defense University and chair of the American Bar Association Standing Committee on Law and National Security
  • Nadine Strossen, former president of the American Civil Liberties Unionthe John Marshall Harlan II Professor of Law at New York Law School
  • Linda Greenhouse, the Knight Distinguished Journalist in Residence and Joseph Goldstein Lecturer in Law at Yale Law School; long-time U.S. Supreme Court correspondent for The New York Times
  • Lee Levine, renowned media lawyer; adjunct Professor of Law at the Georgetown University Law Center
  • Stewart Baker,national security law and policy expert and former Assistant Secretary for Policy at the U.S. Department of Homeland Security
  • Stephen Vladeck, Professor of Law at American University Washington College of Law; nationally recognized expert on the role of the federal courts in the war on terrorism
  • The Hon. Robert S. Lasnik, senior judge for the Western District of Washington at the U.S. District Court

Lawyers arguing the case:

  • For PearRobert Corn-Revere has extensive experience in First Amendment law and communications, media and information technology law.
    • Co-counsel is Nan Mooney, writer and former law clerk to Chief Judge James Baker of the U.S. Court of Appeals for the Armed Forces.
  • For the U.S. governmentJoseph DeMarco, who served from 1997 to 2007 as an Assistant United States Attorney for the Southern District of New York, specializes in issues involving information privacy and security, theft of intellectual property, computer intrusions, on-line fraud and the lawful use of new technology.
    • Co-counsel is Jeffrey Barnum, a lawyer and legal scholar specializing in criminal law and First Amendment law who argued United States v. Alaa Mohammad Ali before the U.S. Court of Appeals for the Armed Forces while in law school.

Each side will have 25 minutes to argue its position before the Court and an additional five minutes for follow-up comments. Following the session, there will be an opportunity for audience members to ask questions of the lawyers and court members.

The program is organized on behalf of the Newseum Institute by the University of Washington Law School’s Harold S. Shefelman Scholar Ronald Collins and by Nan Mooney.

stairway-to-heaven-1319562-m-720x340
0

FAN 109 (First Amendment News) Abrams Institute to Host Event on Commercial Speech

abrams-logoOn Monday, June 13th (8:45 a.m. – 2:30 p.m.) the Floyd Abrams Institute for Freedom of Expression will host a major conference on the commercial speech doctrine. The event will take place in New York City.

Click here to register for the event.

This conference on the commercial speech doctrine will focus on its changing and varying definitions, the regulation and potential liabilities based upon it, and the potential impact of Sorrell and Reed, two Supreme Court decisions. The discussion will center on its impact on the content creation community, lawyer speech, food and drug and other areas of corporate speech

Interview: Who’s Afraid of Commercial Speech? — 26 Years Later

Ron Collins (Harold S. Shefelman Scholar, University of Washington, School of Law) will interview Judge Alex Kozinski (U.S. Court of Appeals for the Ninth Circuit). 

The Shifting Boundaries Between Commercial & Non-Commercial Speech

A look at the varying definitions of commercial speech, historical basis for the commercial speech doctrine, and the likely impact of the Supreme Court’s decisions in Sorrell vIMS Health, Inc. and Reed v. Town of Gilbert.

  • Floyd Abrams, Partner, Cahill Gordon & Reindel LLP
  • Jack Balkin, Knight Professor of Constitutional Law and the First Amendment, Yale Law School
  • Tamara Piety, Phyllis Hurley Frey Professor of Law, University of Tulsa College of Law
  • Martin Redish, Louis and Harriet Ancel Professor of Law and Public Policy, Northwestern University School of Law

Moderator:  Vince Blasi, Corliss Lamont Professor of Civil Liberties, Columbia Law School

Commercial Speech:  The Definition Matters

“Commercial speech” is a dividing line between free expression and potential multimillion dollar liabilities in many areas of law.  A specific look at that divide in attorney, trademark, corporate-financial, and food and drug commentary.

  • Steven G. Brody, Morgan, Lewis & Bockius LLP
  • Denise Esposito, Covington & Burling and Former Chief of Staff to the Commissioner of the U.S. Food and Drug Administration (FDA)
  • Joshua M. King, Chief Legal Officer, Avvo, Inc.
  • Rebecca Tushnet, Professor of Law, Georgetown Law School

Moderators:  Chris Beall, Levine Sullivan Koch & Schulz LLP and Bruce Johnson, Davis Wright Tremaine LLP

Brand Journalism, Sponsored Content and the First Amendment

Difficult issues involving rights of publicity, copyright fair use and consumer protection disclosures arise in the First Amendment No Man’s Land between obvious commercial advertising and editorial speech by traditional media.  This panel examines the disparate jumble of legal tests and standards that apply when brands sponsor, influence or author news stories, features or commentary on matters of public concern and considers whether they can be harmonized with evolving commercial speech doctrine.

  • Deirdre Sullivan, The New York Times Company
  • Rick Kurnit, Frankfurt Kurnit Klein + Selz PCMary K. Engle, Federal Trade Commission, Associate Director, Division of Advertising Practices
  • Allison Lucas, BuzzFeed, General Counsel

Moderator:   Scott Dailard, Cooley LLP

Strategic Issues:  What questions are we asking now? Where is the law going?

An all room discussion on the strategic issues that should be raised in litigation concerning commercial speech and the First Amendment.

Moderator:  Timothy L. Alger, Greenberg Traurig LLP

The conference is sponsored by: Avvo Inc., Cooley LLP, Davis Wright Tremaine LLP, Frankfurt Kurnit Klein & Selz PC, Greenberg Traurig LLP, and Levine Sullivan Koch & Schulz, LLP.

Latest First Amendment Salon: Stone & Posner

Judge Posner & Prof. Stone

Judge Richard Posner & Prof. Geoffrey Stone

Last Monday The First Amendment Salon went on the road again, this time to the University of Chicago Law School. (The first “on the road” salon was in Los Angeles with a dialogue between Erwin Chemerinsky and Eugene Volokh.)

Geoffrey Stone (who serves on the Salon’s advisory board) interviewed Judge Richard Posner. The topic: “The Centrality of the First Amendment.”

By all measures, it was a quite an evening as Stone engaged the dapper jurist, drawing him out time and again. The result: a rare display of candor on a variety of subjects ranging from the significance of the press clause to the display of confederate flags.

To invoke the words of their former boss, Justice William Brennan, the discussion was atypically uninhibited, surprisingly robust, and exceptionally wide open.

Speaking in measured tones sprinkled with occasional chuckles, Posner seldom held back as the turn of his mind ventured from one provocative thought to another — all manifested in words, no less. Stone asked him about everything from the Dennis v. U.S. ruling (correctly decided), to the Pentagon Papers Case (correctly decided), to the wisdom of extending First Amendment protection to Edward Snowden re the release of secret government documents (not much simpatico here).

Along the dialogic way Posner, ever the maverick, occasionally answered Stone’s questions with a question only to have the Chicago professor up the conversational ante to tease out this or that point.

When the time came for questions from the audiences in New York and Washington, D.C. (via teleconferencing), the tenor remained composed yet spirited as the Judge replied with singular frankness concerning topics such as

Sometimes the discussion veered onto other topics such as:

  • executive power in wartime (should be considerable with little or no interference from the courts)
  • the Second Amendment and the individual right to bear arms (critical) and
  • Justice Holmes’s general deference to the democratic process (fine except in cases like Abrams).

Among other things, Posner also leveled a hearty blow at Roger Taney, this for his 1861 opinion in Ex Parte Merryman in which the Chief Justice took constitutional exception to President Lincoln’s suspension of the writ of habeas corpus. Pure folly by Posner’s jurisprudential measure.

All in all, everyone remained relaxed even as eyebrows raised from time to time. It made for a memorable evening. There was, of course more, much more. But I’ll stop there for now.

$60 Million Initiative @ Columbia University: The Knight First Amendment Institute Read More

stairway-to-heaven-1319562-m-720x340
2

FAN 108 (First Amendment News) Senate Races Could Shape the Future of the First Amendment — Campaign Spending Wars in Play

It is rare for the Senate to reject a Supreme Court nominee — the last time it did so was in 1987, when it voted against Robert H. Bork after an ugly political battle. . . . No president in at least the past century has had a Supreme Court nominee go unconfirmed on the grounds that it was an election year, according to ScotusblogEmmarie Huetteman

While the war of Citizens United and campaign financing rages on, Democrat and Republican groups are busy tapping into their financial war chests to contest key Senate races, which could determine the makeup of the Senate and the confirmation process as it applies to nominees to the Supreme Court . . . and that could shape the future of the First Amendment.

Writing in Politico, Burgess Evertt pointed out that “Democrats are getting badly outspent by their conservative rivals in the war over Merrick Garland’s confirmation, suggesting that President Barack Obama’s closest allies in the Supreme Court battle have more bark than bite.”

“The Constitutional Responsibility Project — which is taking the lead in the Democratic PR push over the court — has spent about $150,000 on two ads knocking Sens. Rob Portman of Ohio and Pat Toomey of Pennsylvania for stonewalling Garland’s nomination, according to two media tracking sources. That’s a pittance compared to the conservative Judicial Crisis Network, which has already spent $4.5 million to bolster vulnerable Republicans and attack moderate Democrats for urging action on Garland. . . .”

Everett also noted that “other groups aligned with the left are making seven-figure ad buys: End Citizens United hit GOP senators in New Hampshire, Iowa and Missouri with $1.2 million in ads, and Senate Majority PAC spent $1 million on Supreme Court ads targeting GOP Sen. Kelly Ayotte in New Hampshire. Planned Parenthood has spent $400,000 to animate voters on the Garland issue, and a number of smaller digital ad buys, led by Majority Forward, are hitting Republicans on the matter. . . .”

Meanwhile, back on the Hill, Chief Judge Merrick Garland is making the rounds (limited as they are) to any senator who will agree to see him (46 to date, 14 of them Republicans).

∇ ∇ ∇ 

Below is a list of the Court’s 5-4 First Amendment free expression rulings in which Justice Antonin Scalia was in the majority:

  1. Garcetti v. Ceballos (2006)
  2. E.C. v. Wisconsin Right to Life, Inc. (2007)
  3. Morse et al. v. Frederick (2007)
  4. Davis v. Federal Election Commission (2008)
  5. Citizens United v. Federal Election Commission (2010)
  6. Arizona Free Enterprise Club’s Freedom Club PAC v. Bennett (2011)
  7. Harris v. Quinn (2014)
  8. McCutcheon v. Federal Election Commission (2014)

Bravin On Garland’s Nomination Questionnaire

Jess Bravin (credit: NYT)

Jess Bravin (credit: NYT)

Wall Street Journal Supreme Court correspondent Jess Bravin just posted a piece on the 141-page questionnaire Chief Judge Merrick Garland submitted to the Senate Judiciary Committee yesterday. The questionnaire, he wrote, “offers a sliver of Judge Garland’s views by asking him to describe his 10 most significant judicial opinions, as well as the 10 most significant matters he handled as a trial or appellate attorney. . . .  At the top of his list of significant opinions Judge Garland listed a 2015 opinion that expanded the definition of the press beyond conventional news organizations to account for new, Internet-fueled forms of media.”

“Another FOIA case,” Bravin added, “made Judge Garland’s list: his 2013 opinion requiring the Central Intelligence Agency to respond to a request related to drone strikes filed by the American Civil Liberties Union. The CIA had refused to acknowledge whether it held any such records; Judge Garland found such a position untenable, as the president had publicly acknowledged the drone program.”

FAN 101.2:  Judge Garland on the First Amendment: Opinions & Votes

New Study: First Amendment Offers Scant Protection for Professors Read More