1st Amendment
Don’t Ask Don’t Tell
Wednesday, June 11th, 2008The First Circuit issued an important decision in Cook v. Gates. The plaintiffs challenged the “Don’t Ask, Don’t Tell” law on a number of constitutional grounds, including substantive due process, equal protection and the First Amendment’s right to free speech. The First Circuit decision was in favor of the military and against these plaintiffs.
This decision [...]
Baseball Fantasy League Case
Tuesday, June 3rd, 2008It’s OK to run a for-profit fantasy baseball league without paying Major League Baseball for the right to use the names and statistics of big league ball players. The Supreme Court has declined to hear a case on this point, coming out of the 8th Circuit.
Read the 8th Circuit decision for yourself. Then go have [...]
FCC v. Fox - Free Speech Case?
Monday, May 26th, 2008The Second Circuit says that recent FCC rule changes regarding indecency are “arbitrary and capricious.” The Supreme Court will hear the FCC’s appeal. This case has been discussed as a free speech case, but it’s really all about administrative law.
Here is a link to the 2nd Circuit Opinion. While you’re at it, check out the [...]