The Latest Breaking News from the Second Circuit

Under existing Second Circuit caselaw, the district court will almost certainly need to approve the motion to dismiss. But existing Circuit law fails to take into account the Crime Victims Rights Act. And there may be a "victim" who rights are being ignored: New York City.

The Second Circuit holds that the challengers sufficiently alleged that the ban is broad enough to cover their constitutionally protected speech (including speech that may offend some based on gender identity, race, religion, and more); the court didn't reach the question whether the ban actually violates the First Amendment, which…

Readers of the blog may I recall that I was counsel of record for the NRA in the Supreme Court… The post NRA v. Vullo Update: Second Circuit Weighs Reviving $100M+ Damages Claim appeared first on Reason.com.

Many people have sued Sean Combs (P. Diddy) for alleged sexual assault in federal court in Manhattan (S.D.N.Y.); many of… The post Can People Suing Sean Combs / P. Diddy for Sexual Assault Litigate as John or Jane Does? Judges Are Split appeared first on Reason.com.

So holds the Second Circuit, in a new decision.

A federal appeals court in New York says a recent Supreme Court decision does not alter its conclusion that New York can enforce laws banning firearms in sensitive locations

While I am eager for the Court to take another public use case, I am actually happy the justices chose to reject this one. Its unusual facts made it a poor vehicle for revisiting Kelo v. City of New London.

New York City requires a showing of "good moral character" to be issued a rifle and shotgun permit. In Srour… The post Second Amendment Roundup: New York's "Good Moral Character" Requirement for Gun Permits appeared first on Reason.com.

"The Community Guidelines' prohibitions of, inter alia, 'homophobia, transphobia, misogyny, ableism, racism, or any other forms of oppressive beliefs or behaviors,' 'name-calling,' and 'disrespect' are prohibitions against ideas that offend, and therefore discriminate on the basis of viewpoint in violation of the First Amendment."

A tardy oath, old-timey drunkards, and telling it man to [redacted] man.

A dissenting subgroup of the Libertarian Party of Michigan was barred from "from identifying as the Libertarian Party of Michigan in the provision of services."