Category Archives: Supreme Court

In New Supreme Court Social Media Case, Echoes of Citizens United on “AntiDistortion” and the Foreign Campaign Spending Ban, with Implications for Shutting Down Tik-Tok

campaign finance, social media and social protests, Supreme Court
I want to pick up a point first flagged yesterday by Eugene Volokh from yesterday’s decision in Moody v. NetChoice that could have relevance to new legislation, currently being challenged in court, that could ban Tik-Tok as being foreign owned.… Continue reading

“How Supreme Court Shocker Could Give Trump Truly Terrifying New Powers;” I Spoke with Greg Sargent for the Daily Blast Podcast

authoritarian threats in US, Supreme Court
Listen: Yesterday the Supreme Court released its shocking new ruling in the case involving Donald Trump’s demand for absolute immunity from prosecution for insurrection-related crimes. The court gave Trump much of what he wanted, notably ensuring that his trial for… Continue reading

“How Bad is the Trump Immunity Ruling?” I Spoke with the Slate “What Next?” Podcast

authoritarian threats in US, Supreme Court
Listen: The Supreme Court has ruled that presidents enjoy “substantial immunity” from prosecution for crimes committed while in office, which includes absolute immunity for “core constitutional duties” and “presumptive immunity” for “official acts.” All good news for one Donald J. Trump. How… Continue reading

My New Slate Piece on Today’s NetChoice Social Media Cases: “The First Amendment Just Dodged an Enormous Bullet at the Supreme Court”

First Amendment theory, social media and social protests, Supreme Court
I have written this piece for Slate. It begins: At Supreme Court oral argument in the Texas social media case back in February, Justice Samuel Alito asked the question: “Let’s say YouTube were a newspaper, how much would it weigh?”… Continue reading