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The Latest Breaking News from Potter Stewart

The Supreme Court's 'Reasonable Expectation of Privacy' Test Defies Expectations

Neil Gorsuch proposes an alternative to a Fourth Amendment standard that has proven to be an unreliable safeguard against government snooping.

The scourge of the death penalty hangs over America

The scourge of the death penalty hangs over America

The restoration of capital punishment in 1976 was based on a fantasy of fairness. It must be abolished

The Guardian - US

Trump’s death penalty pledge for Washington DC is ugly racial politics

Trump’s death penalty pledge for Washington DC is ugly racial politics

The president’s unconstitutional vision would bring a racist practice back to a city that has banned it for decades

The Guardian - US

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Florida Ban on "Depict[ing] or Simulat[ing] … Lewd Conduct" in Performances Where Children Are Present Struck Down

A short excerpt from the long opinion today in HM Florida-ORL, LLC v. Governor, decided by Judge Robin Rosenbaum, joined… The post Florida Ban on "Depict[ing] or Simulat[ing] … Lewd Conduct" in Performances Where Children Are Present Struck Down appeared first on Reason.com.

Alito: Do you read Pornhub for articles?

The Supreme Court justice wondered if the porn site was like "old Playboy" during oral arguments

The Best Family Game on Playstation Plus Isn’t What You Think

Nothing brings together kids and cousins like violence, boundary-pushing taste, and car crashes. Yes, GTA V is a great family game. Hear us out.

Journal of Free Speech Law: "Thinking the Unthinkable about the First Amendment," by Nicholas Lemann

A new article from the Daedalus (Journal of the American Academy of Arts and Sciences) Future of Free Speech Symposium.

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Free Speech Unmuted: I Know It When I See It: Free Speech and Obscenity Laws

Jane Bambauer and I discuss the various rules the Court applies in obscenity cases and the forthcoming Free Speech Coalition v. Paxton decision, which deals with "obscene-as-to-minors" material (not to be confused with child pornography). Fun fact: Associate Justice Potter Stewart, who wrote the "I know it when I see…

Can an Amicus Ask the Supreme Court to Overrule a Case Where the Parties Don't?

The ACLU successfully asked the Court to reverse Wolf v. Colorado in Mapp v. Ohio.

Today in Supreme Court History: January 20, 1953

1/20/1953: President Eisenhower takes the inaugural oath on January 20. He would make five appointments to the Supreme Court: Chief Justice Earl Warren, and Justices John Marshall Harlan II, William J. Brennan, Charles Evans Whittaker, and Potter Stewart.

Defending Clarence Thomas from My Good Friend Steve Lubet

The best and most incorruptible Supreme Court Justice in U.S. History

Sandra Day O'Connor, first woman on the Supreme Court, dies

Sandra Day O'Connor, first woman on the Supreme Court, dies

Sandra Day O'Connor was called "the most powerful woman in America" during her quarter of a century as a Supreme Court justice.

FTC Commissioner Resigns To Protest Agency's 'Disregard for the Rule of Law'

FTC Commissioner Resigns To Protest Agency's 'Disregard for the Rule of Law'

Chair Lina Khan has flouted the rule of law and due process, Commissioner Christine Wilson wrote.

Today in Supreme Court History: January 20, 1953

1/20/1953: President Eisenhower takes the inaugural oath on January 20. He would make five appointments to the Supreme Court: Chief Justice Earl Warren, and Justices John Marshall Harlan II, William J. Brennan, Charles Evans Whittaker, and Potter Stewart.

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Evening Standard

Every day I appreciate more the high value of emotional intelligence

In trying to define what constituted “hardcore pornography”, Justice Potter Stewart delivered the most iconic line in US Supreme Court history: “I know it when I see it”. The maxim stuck, not only because it was inadvertently comedic (at least as far as jurisprudence goes), but because everyone knew what…

The Conversation

50 years after landmark death penalty case, Supreme Court's ruling continues to guide execution debate

The state of Oklahoma put James Coddington to death on Aug. 25, 2022, for the 1997 murder of a 73-year-old friend who refused to give him money to buy drugs.

For Legal Conservatives, Six Decades Of Folding, Followed By Sixteen Years To Draw A Full House

On the plus side, we had Rehnquist, Scalia, Thomas, Alito, Gorsuch, Kavanaugh, and Barrett. On the down side, we had Roberts, Souter, Kennedy, O'Connor, Powell, Blackmun, Burger, Stewart, Whittaker, Brennan, and Warren.

Tribune News Service

Court hobbles EPA on climate, and its options are limited

WASHINGTON — Since February, when the Supreme Court held oral arguments in a case challenging the EPA’s authority to regulate carbon pollution from power plants, environmental lawyers and climate activists braced for a ruling that tattooed a deep, restrictive swath into the agency’s ability to curb emissions.

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Court hobbles EPA on climate, and its options are limited - Roll Call

The Supreme Court ruling limited the EPA’s authority to rein in emissions. But it left the agency some room to address climate change.

Today in Supreme Court History: January 20, 1953

1/20/1953: President Eisenhower takes the inaugural oath on January 20. He would make five appointments to the Supreme Court: Chief Justice Earl Warren, and Justices John Marshall Harlan II, William J. Brennan, Charles Evans Whittaker, and Potter Stewart.

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