First Amendment roundup

  • Dangerous and misguided: Michigan pursues prosecution on charges of jury tampering of man who handed out “jury nullification” pamphlets on public sidewalk outside courthouse [Jay Schweikert, Cato; Jacob Sullum, earlier here, here, etc.]
  • “‘Worst of Both Worlds’ FOSTA Signed Into Law, Completing Section 230’s Evisceration” [Eric Goldman] Among first casualties: Craigslist personals [NPR, Elizabeth Nolan Brown] And Elizabeth Nolan Brown joins (no relation) Caleb Brown on a Cato Daily Podcast;
  • Is reprinting thumbnail headshots fair use? [Mike Masnick, TechDirt]
  • “16 Pulse survivors sue Google, Facebook, Twitter for ‘supporting’ ISIS” [Daniel Dahm, WKRG Orlando]
  • Not the group it used to be: ACLU calls for government-owned broadband, claims First Amendment may require as opposed to forbid state-operated communications infrastructure [Randolph May and Theodore Bolema, Free State Foundation]
  • Cato amicus commercial speech triple-header: Virginia’s ban on promoting happy hours (bars may hold them, but not promote them off premises) is an irrational leftover of Prohibition [Ilya Shapiro] While some commercial speech can be mandated, Ninth Circuit goes too far in upholding government-ordered scripts [Shapiro and Meggan Dewitt on structured-mortgage-payment case Nationwide Biweekly Administration v. Hubanks] Sign laws face tough scrutiny under 2015’s Reed v. Town of Gilbert, and Tennessee’s billboard law, which applies even to noncommercial speech, may run into trouble [Shapiro and Aaron Barnes]

First Amendment roundup is a post from Overlawyered - Chronicling the high cost of our legal system


First Amendment roundup curated from Overlawyered

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