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

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

Supreme Court Hands January 6 Rioters a Win in Fischer Case, But It Likely Won’t Help Trump Beat Similar Charges Against Him (Should He Ever Go To Trial on Election Interference)

election subversion risk, Supreme Court
The key holding in Fischer v. United States is to read the obstruction statute so that “the Government must establish that the defendant impaired the availability or integrity for use in an official proceeding of records, documents, objects, or as… Continue reading