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Why the Florida and Texas Social Media Laws Violate the Takings Clause
News

Why the Florida and Texas Social Media Laws Violate the Takings Clause

September 17, 2022September 17, 2022 capitolhilltim

The Fifth Circuit of the US Court of Appeals upheld Texas’ ban on major social media sites from using all forms of content moderation yesterday. […]

Elected Body’s Censure of Member for His Speech Doesn’t Violate First Amendment, but
News

Elected Body’s Censure of Member for His Speech Doesn’t Violate First Amendment, but

March 24, 2022March 24, 2022 capitolhilltim

According to today’s opinion Houston Community College System against Wilson: [A]A plaintiff seeking a First Amendment claim for retaliation must demonstrate, among others, that the government […]

Taking Away Foster Parenting License Based on Religious Views About Homosexuality May Violate First Amendment
News

Taking Away Foster Parenting License Based on Religious Views About Homosexuality May Violate First Amendment

March 2, 2022March 2, 2022 capitolhilltim

Start at Lasche v. N.J.Yesterday’s decision was made by the Third Circuit in an opinion of Judge Peter Phipps joined by Robert Cowen and Thomas […]

Anti-Crime Checkpoints in Jackson, Mississippi, Blatantly Violate the Fourth Amendment
News

Anti-Crime Checkpoints in Jackson, Mississippi, Blatantly Violate the Fourth Amendment

February 23, 2022February 23, 2022 capitolhilltim

Wayne Halcomb is told by a Jackson police officer that they are checking the driver’s licence and proof of insurance. He was a local resident, […]

Licensing of Speaking Professions Doesn’t Violate First Amendment
News

Licensing of Speaking Professions Doesn’t Violate First Amendment

February 21, 2022February 21, 2022 capitolhilltim

Start at Del Castillo v. SecretaryThursday’s decision was made by Judge Robert Luck and Judges Elizabeth Branch, Ed Carnes. (See the bottom for my thoughts […]

Speech-Based Expulsion from Private Club Doesn’t Violate Massachusetts Civil Rights Act
News

Speech-Based Expulsion from Private Club Doesn’t Violate Massachusetts Civil Rights Act

February 15, 2022February 15, 2022 capitolhilltim

Today’s Report-and-Recommendation of Magistrate Judge Donald Cabell, (D. Mass.) Mass.) Koppel v. Moses: [According to the Complaint,]Koppel and Moses were once friends, and fellow MIT […]

There Is Nothing ‘Conservative’ About Letting Police Violate Our Rights
News

There Is Nothing ‘Conservative’ About Letting Police Violate Our Rights

January 21, 2022January 21, 2022 capitolhilltim

Virginia’s new governor. Glenn Youngkin looks set to be a rising star for the Republican Party. His campaign was focused on the most pressing issues […]

Renaming Columbus Day Into Indigenous People’s Day Doesn’t Violate the Constitution
News

Renaming Columbus Day Into Indigenous People’s Day Doesn’t Violate the Constitution

January 13, 2022January 13, 2022 capitolhilltim

This was Judge C. Darnell Jones II’s position yesterday. Conference of Presidents of Major Italian American Organizations, Inc. (E.D. Pa.). He found that plaintiffs did […]

Assignments Aimed at “Requiring a Statement” of Ideological Belief from Students May Violate First Amendment
News

Assignments Aimed at “Requiring a Statement” of Ideological Belief from Students May Violate First Amendment

December 20, 2021December 20, 2021 capitolhilltim

This is what I wrote in June. Oliver v. Arnold, which dealt with a complicated question: A public school may of course compel a great […]

Does the House Build Back Better Bill Violate the Limits on Conditional Spending?
News

Does the House Build Back Better Bill Violate the Limits on Conditional Spending?

November 23, 2021November 23, 2021 capitolhilltim

Among the many provisions of the Home-passed “Construct Again Higher” spending invoice are provisions that minimize federal well being care funding in states which have […]

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