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The Latest Breaking News from The Eleventh Circuit

Prof. Michael McConnell (Stanford): Amicus Wrong to Call for Judge Cannon's Removal

I'm delighted to pass along this item from my Stanford colleague Prof. Michael McConnell (who also served for several years on the Tenth Circuit): The National Law Journal reports that retired district court judge Nancy Gertner, joined by ethics experts Stephen Gillers and James Sample, have filed an amicus brief…

Reason

New in the American Spectator: The 11th Circuit Should Reject Jack Smith's Past Political Justifications to Expedite His Latest Appeal

"The Court of Appeals for the Eleventh Circuit has no reason to accommodate politically motivated efforts to convict Trump before the election or inauguration."

Reason

Smith appeals classified docs dismissal

Smith appealed the Trump-appointed judge's theory that his appointment was unlawful to the Eleventh Circuit court

Salon

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Florida S. Ct. Reads Florida Anti-Riot Statute as Narrowly Focused on Violence

In this, the court agrees with the Florida Attorney General and the Governor’s office, and disagrees with the challengers who are trying to get the statute struck down on First Amendment grounds.

Reason

Black-Women-Only Grant Program Likely Violates Federal Law, Isn't Protected by First Amendment

From American Alliance for Equal Rights v. Fearless Fund Mgmt., LLC, decided today by the Eleventh Circuit, in an opinion by Judge Kevin Newsom, joined by Judge Robert Luck: [We hold that] the Fearless Strivers Grant Contest, an entrepreneurship funding competition open only to businesses owned by black women, [likely]…

Reason

Experts pan Cannon's "outrageous" bias

Judge Cannon has appeared confused by basic legal concepts and indulged the Trump defense team's wildest arguments

Salon

Biden administration issues two new environmental rules

The Biden administration issued new environmental rules in the past month to require climate-related disclosures by certain public companies and to establish air pollution emissions guidelines.

Ballotpedia

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Eleventh Circuit Strikes Down Stop W.O.K.E. Act's Restrictions on Private Employers

From Honeyfund.com inc v. Governor, decided today by the Eleventh Circuit, in an opinion by Judge Britt Grant, joined by Judges Charles Wilson and Andrew Brasher: The State of Florida seeks to bar employers from holding mandatory meetings for their employees if those meetings endorse viewpoints the state ﬁnds oﬀensive.…

Reason

ADA Doesn't Require Employer to Keep Customer-Facing Employee Whose Tourette's Leads Him to Use Slurs

The court reasoned that "excellent customer service is an essential function of [the employee's] specific delivery merchandiser position," and the employee couldn't provide it.

Reason

Disney Loses First Amendment Claim over Florida's Cancellation of Special Government District that Disney Controlled

From yesterday's decision by Judge Allen Winsor (N.D. Fla.) in Walt Disney Parks & Resorts U.S., Inc. v. DeSantis; I expect Disney will appeal (see also Adam Schulman's and Dilan Esper's analyses of this in April 2022, which proved prescient, and also my April 22 discussion of some alternative arguments):…

Reason

Broad Injunctions Against Enforcement of Allegedly Unconstitutional Statutes

An interesting opinion from Justices Kavanaugh and Barrett; it arose in a case challenging a Florida law that was aimed at drag shows, but it deals with the remedies question and not the underlying substantive First Amendment question.

Reason

Journal of Free Speech Law: "Platform Transparency and the First Amendment," by Daphne Keller

The article, which is directly relevant to the Netchoice cases that the Court will consider this Term, is here; here's the Introduction: Major U.S. platforms can powerfully influence public discourse by removing, promoting, and otherwise moderating users' online speech. Better information about their content moderation would help policymakers enact better…

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

SWAT takings, retaliatory liens, and a Spam confiscation.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Chalk, meme stocks, and a dog in peril.

Reason

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No Pseudonymity for Non-Citizen Challenging Law Limiting Non-Citizens' Participation in Voter Registration

From Chief Judge Mark Walker's opinion yesterday in Hispanic Federation v. Byrd (N.D. Fla.); the pseudonymous plaintiff is apparently a lawful permanent resident: {This case involves a constitutional challenge to a newly-enacted law regulating third-party voter registration organizations. Plaintiff Doe seeks to proceed anonymously to avoid retaliation or harassment considering…

Reason

11th Circuit Will Review En Banc Whether Second Amendment Protects 18-to-20-Year-Olds

Yesterday, the Eleventh Circuit granted en banc rehearing on this issue in NRA v. Bondi. For more on the underlying legal issue, see Stephen Halbrook's April post, which mentions the panel opinion (which has now been vacated) as well as some other cases.

Reason

A Lawyer's Filing "Is Replete with Citations to Non-Existent Cases"—Thanks, ChatGPT?

The lawyer's colleague, who drafted the filing, says he relied on ChatGPT to draft the filing and provide the text of the cases, and neglected to check them.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Police baptisms, candy crushing, and reasonable violations of clearly established law.

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The Timing of Computer Search Warrants When It Takes the Government Several Years To Guess The Password

Ex ante restrictions are back, and they're still causing trouble, now in United States v. Kopankov.

Reason

Rare Grant of Pseudonymity to a Libel Plaintiff, Where There's Evidence of Risk of Violent Attack

From yesterday's decision by Magistrate Judge Laura Lothman Lambert (M.D. Fla.) in Doe v. Predator Catchers, Inc.: [D]efendant Predator Catchers, Inc. … "has as its purported mission, the investigation into … and public exposure of sexual predators, principally those preying on minors." … [P]laintiff alleges Predator Catchers uses vigilante tactics,…

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