The Latest Breaking News from Fifth Circuit

The CFPB's Funding Mechanism: Misguided But Constitutional

analysis from Professor Zach Price

Reason · Oct 24, 2022

Noah Feldman: Conservative attack on consumer protection wins an illogical victory

Conservatives have never liked the Consumer Financial Protection Bureau, the brainchild of Massachusetts Sen. Elizabeth Warren. Now a conservative panel of the conservative U.S. Court of Appeals for the Fifth Circuit has struck down the CFPB’s rulemaking authority using a novel theory.

Tribune News Service · Oct 22, 2022

Immanuel v. CNN: No Revival for Appeal Filed a Day Late

From the decision today by Judge Lee Rosenthal (see also this earlier post): Dr. Stella Immanuel sued CNN for defamation. The court dismissed her complaint with prejudice. Dr. Immanuel sought to appeal the dismissal, but she filed her notice of appeal a day after the 30-day deadline. Because that 30-day…

Reason · Oct 21, 2022

FIRE Podcast on Free Speech and the Texas Social Media Law

The podcast is a debate between legal scholar Brad Smith and myself.

Reason · Oct 5, 2022

Short Circuit: A Roundup of Recent Federal Court Decisions

Padded cells, hidden cash, and official duties.

Reason · Sep 30, 2022

Subreddit Gets Users To Call Texas Gov. Greg Abbott a 'Little Piss Baby' To Defy Content Moderation Law

Reddit users are protesting Texas' H.B. 20, which forces social media platforms to host speech they find objectionable.

Reason · Sep 27, 2022

Thoughts on Internet Content Moderation from Spending Thousands of Hours Moderating Volokh Conspiracy Threads

Of possible relevance to the Fifth Circuit's recent decision in Netchoice v. Paxton.

Reason · Sep 25, 2022

Short Circuit: A Roundup of Recent Federal Court Decisions

ATV noise, threat threats, and wasting judicial resources.

Reason · Sep 23, 2022

Another Commentary on the Fifth Circuit's Texas Social Media Law Decision

As I noted yesterday, I'm still trying to fully digest the Netchoice v. Paxton opinions, but I passed along two commentaries from top scholars on the subject, one entirely critical from Prof. Genevieve Lakier (Chicago) and one that's mostly critical from Prof. Alan Rozenshtein (Minnesota). I thought I'd also pass…

Reason · Sep 23, 2022

Two Commentaries on the Fifth Circuit's Texas Social Media Law Decision

I'm still trying to fully digest the Netchoice v. Paxton opinions (I've been slammed with several things the last few weeks, including an interesting and unexpected development which I hope to blog about in some detail next month). But for now, I thought I'd pass along two commentaries from top…

Reason · Sep 22, 2022