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The Latest Breaking News from the Third Circuit

Challengers Have Standing to Challenge Connecticut "Harassment" Ban for Lawyers

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…

Reason

Glossip v. Oklahoma: The Story Behind How a Death Row Inmate and the Oklahoma A.G. Concocted a Phantom "Brady Violation" and Got Supreme Court Review (Part III)

Courts must be cautious in death penalty and other criminal cases when presented with a prosecutor's confession of "error"—such the Oklahoma A.G.'s dubious confession in this case.

Reason

SEC vs Coinbase: Court Questions Regulator's Limited Reasoning In Denial Of Rulemaking Request

Coinbase collided with the SEC Monday as the crypto exchange giant continues to push the Wall Street regulator for crypto-centric rulemaking, which the Commission has refused.

International Business Times

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This case against TikTok might spur the Section 230 reform we desperately need

The Third Circuit says Section 230 doesn't protect TikTok as distributors of harm, only publishing it.

Android Central

Short Circuit: A Roundup of Recent Federal Court Decisions

Venue roulette, a sham affidavit, and uninspected bloomin’ onions.

Reason

Dean Kagan Would Rather Forget About Rumsfeld v. FAIR

But she did smuggle in a dictum that echoes Harvard's 2005 amicus brief about expressive activity in the classroom.

Reason

No Pseudonymity in Race Discrimination Lawsuit over Academic Dishonesty Finding

From Doe v. Univ. of Pennsylvania, decided Friday by the Third Circuit, in an opinion by Judge Tamika Montgomery-Reeves, joined by Judges David Porter and Jane Roth: In 2020, Doe enrolled as a student in UPenn's Pre-Med Post-Baccalaureate Program …. She planned to complete the Program in Spring 2021 and…

Reason

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Short Circuit: A Roundup of Recent Federal Court Decisions

Bird poop, non-testimonial thumbs, and the heckler's veto.

Reason

Robe & Gavel: SCOTUS concludes March 2024 sitting

Welcome to the March 25 edition of Robe & Gavel, Ballotpedia’s newsletter about the Supreme Court of the United States (SCOTUS) and other judicial happenings around the U.S.

Ballotpedia

Biden's Nominee For Federal Appeals Court Faces Opposition

With Democrats holding a slim majority, Mangi's lack of Republican support jeopardizes his confirmation to the U.S. Court of Appeals for the Third Circuit.

International Business Times

Short Circuit: A Roundup of Recent Federal Court Decisions

Public use, ballot selfies, and a bonkers closing statement.

Reason

Second Amendment Roundup: Delaware's "Assault Weapon" Ban Argued in 3rd Circuit

Likelihood of prevailing on a constitutional claim may suffice for a preliminary injunction.

Reason

The Third Circuit Affirms Sanctions Against the Philadelphia D.A.'s Office for Failing to Confer with Crime Victims

The Circuit concludes that the district court appropriately sanctioned the D.A.'s Office for making misleading statements about whether it had conferred with a crime victim's family.

Reason

School's Referring to Student by Student-Preferred Name and Pronouns Likely Doesn't Violate …

the parent's constitutional parental rights, including when the school conceals this from the parent.

Reason

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Reason

Should the Philadelphia D.A.'s Office Have Been Sanctioned for Failing to Protect Crime Victims' Rights?

My amicus brief to the Third Circuit argues that the district court appropriately sanctioned the Philadelphia D.A.'s Office for making misleading representations about whether they had conferred with a crime victims' family.

Reason

Grandmother Has Right to Publish Government Documents About Investigation into Grandson's Death

The Third Circuit holds that, once the government released the documents, it couldn't then forbid the grandmother (or others) from publishing them.

Reason

S. Ct. Unanimously Broadens (Somewhat) Employees' Rights to Religious Exemptions from Neutral Work Rules

The decision, which interprets Title VII's reasonable accommodation provision (enacted in 1972), applies to private employees as well as government employees.

Investors Business Daily

Cathie Wood Grabs $21 Million Of Coinbase Stock After SEC Complaint

ARK Invest CEO Cathie Wood bought the dip on Coinbase stock Tuesday following the SEC complaint against the crypto exchange.

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