The Latest Breaking News from Eleventh Circuit

The ruling is not a final decision on the merits. But it likely signals that at least five Supreme Court justices believe the law is unconstitutional.

Jury trials, bench trials, and prospective insurrections.

So the Eleventh Circuit held today in U.S. v. Jimenez-Shilon, in an opinion by Judge Kevin Newsom, joined by Judges Elizabeth Branch and Andrew Brasher; the opinion focused on Framing-era history, and concludes, [Under eighteenth-century law,] aliens could not surreptitiously enter a foreign nation in violation of the immigration prerogatives…

I'm still going through the decision, in Netchoice v. Attorney General, but I thought I'd note the result: The question at the core of this appeal is whether the Facebooks and Twitters of the world—indisputably "private actors" with First Amendment rights—are engaged in constitutionally protected expressive activity when they moderate…

Plasma, prisons, and political parties

As I suggested Friday and yesterday, Supreme Court precedent is unclear on whether Florida's dissolving the special government district that Florida had created for Disney in the 1960s violates the First Amendment. On one hand, the dissolution appears to be retaliation for Disney's prominent opposition to the Florida law that…

Some implications of the government's decision not to seek a stay of the district court ruling. Plus, the low quality of the trial judge's opinion doesn't necessarily mean there are no good arguments against the mandate's legality.

Flea collars, bachelors, and data scraping.

From the Eleventh Circuit panel decision allowing a First Amendment claim based on Univ. of Central Florida's "bias-related incidents policy" to proceed: There is, we observe, a certain irony in the facts (1) that UCF created the JKRT [Just Knights Response Team] to address situations in which students felt intimidated…

More from today's Eleventh Circuit decision in Speech First, Inc. v. Cartwright (written by Judge Kevin Newsom and joined by Judge Stanley Marcus and District Judge Richard Story); seems quite right to me: The bias-related-incidents policy creates a mechanism by which a UCF student can be anonymously accused of an…

An excerpt from today's Eleventh Circuit decision in Speech First, Inc. v. Cartwright (written by Judge Kevin Newsom and joined by Judge Stanley Marcus and District Judge Richard Story), which generally strikes me as quite right: [In] determining the propriety of preliminary injunctive relief[, we consider, among other things, whether…