THE TRUTH ABOUT: 20 | History Defined

Two Commentaries on the Fifth Circuit's Texas Social Media Law Decision

I'm still trying to fully digest the Netchoice v. Paxton opinions (I've been slammed with several things the last few weeks, including an interesting and unexpected development which I hope to blog about in some detail next month). But for now, I thought I'd pass along two commentaries from top…

Reason · Sep 22, 2022

Why the Florida and Texas Social Media Laws Violate the Takings Clause

They mandate occupation of private property without the consent of the owner.

Reason · Sep 17, 2022

Fifth Circuit Rejects First Amendment Challenge to Texas Social Media Common Carrier Law

Just released, Netchoice v. Paxton; I'm traveling and likely won't have time to digest the 113 pages of opinions for a while, but here's the opening from Judge Andrew Oldham's opinion, which is a majority on most points: A Texas statute named House Bill 20 generally prohibits large social media…

Reason · Sep 16, 2022

The "Good Ship Fifth Circuit" Denies En Banc Review in Sambrano v. United Airlines

Judge Smith dissents from the denial of rehearing, and Judge Ho concurs.

Reason · Aug 20, 2022

Short Circuit: A Roundup of Recent Federal Court Decisions

Collisions, allisions, and grand jury witnesses.

Reason · Aug 19, 2022

The Good, the Bad, and the Ugly of Jarkesy v. SEC

Assessing an aggressive Fifth Circuit opinion declaring Securities & Exchange Commission proceedings unconstituional.

Reason · Aug 17, 2022

Short Circuit: A Roundup of Recent Federal Court Decisions

Presidential audits, political patronage, and mail inspections.

Reason · Aug 12, 2022

Short Circuit: A Roundup of Recent Federal Court Decisions

Measles, tough weeds, and a COVID hoax.

Reason · Aug 5, 2022

Short Circuit: A Roundup of Recent Federal Court Decisions

Building inspectors, historic preservationists, NIMBYs, code enforcement, and the right to make contracts.

Reason · Jul 29, 2022

Let's talk about 8 U.S.C. § 1252(f)(1) and Justice Barrett's concurrence in Biden v. Texas

As (yet another) Texas v. U.S. slides from the shadow docket to the rocket docket

Reason · Jul 23, 2022