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Gabriel Malor
@gabrielmalor
, 3 tweets, 2 min read Read on Twitter
9th Cir. declines to revisit decision holding that the First Amendment ministerial exception does not prevent a discrimination lawsuit from a teacher against a Catholic school.

Dissenting from denial, nine judges flag it as a SCOTUS cert. candidate. cdn.ca9.uscourts.gov/datastore/opin…
"We exhibit the very hostility toward religion our Founders prohibited and the Supreme Court has repeatedly instructed us to avoid."

Put this one on your list of likely SCOTUS grants for next term.
Dissenting Judge Nelson contrasts the panel's holding that a Catholic school teacher isn't religious enough for the ministerial exception with 2017 decision holding that a football coach at a public school could not kneel in prayer in public bc it sends too religious a message.
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Gabriel Malor
@gabrielmalor
If Sen. Hawley's certification bill were law, Reddit would be unable to demonstrate unbiased content moderation because this flat ban sweeps in pro-Trump content other than just threats.

Reddit would therefore be unprotected under CDA § 230, and would likely have to shut down.
To be clear, Hawley's certification scheme allows moderation of content that is unprotected by the First Amendment (like imminent, true threats).

But a blanket ban on The_Donald subreddit reaches more content than just unprotected threats.
BTW, under Hawley's certification scheme, there's no siloing of the loss of CDA § 230 protection. Non-neutral content moderation of The_Donald subreddit would mean loss of § 230 protection for completely unrelated third-party posts, not just political or Trump stuff.
Read 3 tweets
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Gabriel Malor
@gabrielmalor
This is too strong. The district court in the litigation presently before SCOTUS rejected the equal protection claim and DOJ did brief this.

DOJ explicitly wrote in its brief that the equal protection claim should not provide an alternative basis than the APA claim.
This is from DOJ's brief. The evidence did not reveal discriminatory animus by Sec. Ross.

That is a question that various plaintiffs would like to reopen at the eleventh hour, despite there being no evidence that Ross was motivated by Hofeller's unpublished 2015 study.
If you're trying to catch up on this, the ACLU's new conspiracy theory in the census case goes like this.

(This may end up a thing when SCOTUS opinions go live tomorrow at 10am, btw.)
Read 12 tweets
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Gabriel Malor
@gabrielmalor
In light of today's news from the 4th Cir. a reminder that those opposed to the census citizenship question have concocted a conspiracy theory to try and push back an anticipated loss at the Supreme Court later this week.

See thread ->
The details are in that thread, but the bottom line is that there is no evidence that the dead guy's 2015 unpublished study had anything to do with Sec. Ross' census decision, but the left and the media have their story and they're sticking to it.
Why aren't more right-side journos and commentators picking it up?

I don't know, but I have a theory: as with the Muslim Ban that wasn't really a Muslim Ban, the underlying accusation here is of racism, which has historically been a very successful method of shutting people up.
Read 3 tweets

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Leah Libresco
@LeahLibresco
Fr. Martin, in this thread, goes on to give a partial list of sins that should cause us to fear hell, and then concludes that a school should fire teachers either for all of these or none of these. Here's why I disagree:
Teaching at a Catholic school does not imply that the archdiocese has found the teacher to be sinless (a very surprising finding!) or that they've at least found the people with the least serious sins.
Teachers are fired for things that are not serious sins at all (e.g. persistent tardiness) if they interfere with their ability to teach. And persisting in a publicly known sin and denying it is sin does interfere with teaching.
Read 6 tweets
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Adam Klasfeld
@KlasfeldReports
BREAKING: The Second Circuit green lights immigration activist Ravi Ragbir's claim that he was targeted for retaliatory deportation based on his speech, extending a stay on his removal.

Ruling: ca2.uscourts.gov/decisions/isys…

Background, from last year: courthousenews.com/second-circuit…
"Ragbir’s speech implicates the apex of protection under the First Amendment. His advocacy for reform of immigration policies and practices is at the heart of current political debate among American citizens and other residents."

Key passage from the ruling.
The majority found: "The Government’s Alleged Retaliation Was Egregious."

Essentially, the government cannot target someone for deportation based on what that person says and espouses.

Story ahead.
Read 5 tweets
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Yossi Gestetner
@YossiGestetner
As a senior, Manafort can serve a third (16 months) in home confinement due to the Sentencing Reform bill. He already served 9 months. Still another 22 months in prison. Obama Judge next week can make the other sentence concurrent. This is a major flop for Mueller & Thugs Inc.
The Resistance is goig NUTS on the Manafort sentence! Twitter search the word Manafort and see their comments. The were sitting in virtual bleaches waiting for the “Damnatio ad bestias” to commence. Degenerates!
Manafort merely worked for Trump a few months yet it is enough for a third of the country to treat him as their worst enemy (sick) AND cheer for his destruction (sick again). Humans today are as blood thirsty as peasants of the past who cheered as animals mauled convicts to death
Read 22 tweets
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Shannon
@Avery1776
Free Speech is "Extremist Friendly" according to the Failing New York Times @BenKTallmadge @CarrollQuigley1 @wynterklaus

Matal v. Tam
supremecourt.gov/opinions/16pdf…

nytimes.com/2018/10/28/us/…
06/19/17 Supreme Court unanimously reaffirms: There is no ‘hate speech’ exception to the First Amendment
washingtonpost.com/news/volokh-co…
"A law that can be directed against speech found offensive to some portion of the public can be turned against minority and dissenting views to the detriment of all."
supremecourt.gov/opinions/16pdf…
Read 23 tweets
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Micah Grimes
@MicahGrimes
With great power comes great responsibility. nbcnews.to/2OKYW1z
It's not a violation of the First Amendment for a website to prevent you from posting on the website.

You have a right to speak -- not necessarily a right to be amplified.
Read 3 tweets

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