The Latest Breaking News from Fifth Circuit

Free Speech, Social Media Firms, and the Fifth Circuit

The Fifth Circuit was right to rule it was illegal for the federal government to coerce social media firms, but wrong to uphold a Texas law requiring those firms to post material they prefer to keep out.

Reason · Sep 10, 2023

Federal Government Improperly "Coerced" and "Significantly Encouraged" Certain Speech Restrictions by Social Media Platforms

In yesterday's decision in Missouri v. Biden, the Fifth Circuit (Judges Edith Clement, Jennifer Elrod, and Don Willett) held that the federal government violated the First Amendment by causing social media platforms to block posts on various topics (including "the COVID-19 lab-leak theory, pandemic lockdowns, vaccine side-effects, election fraud, and…

Reason · Sep 9, 2023

Short Circuit: A Roundup of Recent Federal Court Decisions

3,000 years of overdetention, chief lickspittle, and the wrong side of the road.

Reason · Sep 8, 2023

Joke "We Need You Brad Pitt" Post at Start of COVID Pandemic Protected by First Amendment

The post led to the author being arrested for "terrorizing"; so clearly unconstitutional that the police officer lacks qualified immunity, says the Fifth Circuit.

Reason · Aug 25, 2023

Short Circuit: A Roundup of Recent Federal Court Decisions

Chalk, meme stocks, and a dog in peril.

Reason · Aug 18, 2023

Fifth Circuit Affirms Just Hours After Oral Argument: Criminal Libel Arrest for Criticizing Police Officer …

was unconstitutional.

Reason · Aug 16, 2023

Short Circuit: A Roundup of Recent Federal Court Decisions

Butterfly knives, and prison atrocities, and a clueless detective.

Reason · Aug 11, 2023

Appeals court rules against longstanding drug user gun ban cited in Hunter Biden case

A federal appeals court has ruled that drug users shouldn’t automatically be banned from having guns, marking the latest sign of upheaval in the nation’s firearm legal landscape and raising questions about a law cited in the case against Hunter Biden

The Independent UK · Aug 10, 2023

Fifth Circuit's Holds That People Who Use Marijuana Don't Lose Second Amendment Rights (At Least When Sober)

Title 18 U.S.C. § 922(g)(3) bans gun possession by anyone "who is an unlawful user of or addicted to any controlled substance," including marijuana; the ban applies not just while a person is intoxicated, but also while the person is sober. Today's decision in U.S. v. Daniels, written by Judge…

Reason · Aug 9, 2023

Justice Barrett's Shadow Docket Policy: Do The Opposite Of Whatever The Fifth Circuit Did (Updated)

Forget Doe v. Mills. Justice Barrett will grant relief on the shadow docket when the Fifth Circuit steps out of line.

Reason · Aug 9, 2023