How would you feel if your jurisdiction passed a law compelling you to post your policy on misunderstanding the compelled speech doctrine?
Of course I have an answer to this extremely easy question, which was lower in the thread, but if you want more than that you can pay my retainer.
Good thing for plaintiffs that the relevant standard isn't "whether @AaronWorthing sees a viewpoint being compelled," then.
@AaronWorthing You are not "debating" me, you are just an idiot who doesn't understand this body of law and is being extremely loud about that fact.

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More from @danielahorwitz

20 May
Ok folks, let’s talk about constitutional litigation for a second, since some of you are pretty confused about it.…
To begin, while the vast majority of laws are presumed (and are) constitutional, that presumption flips—dramatically—in certain contexts. Generally speaking, compelling people to say things that they don’t want to say is one of those contexts.
It’s that flipped presumption—where the Government has to meet the burden of proving that a law is constitutional—that leads to cases like this:…
Read 22 tweets
18 May
Are you a business owner with bathrooms who doesn’t want to do this? If so, please feel free to reach out.
Here’s the text, btw, for anyone who has only seen the reporting on the bill but not the bill itself:…
Let me also just note that the definition of “restroom” is, uh, rather broad:
Read 10 tweets
7 May
This tweet belongs in a museum.
Make sure you get the “Twitter for iPhone” part in, it completes the triple crown.
Relatedly, for anyone who missed it earlier this week, I injured myself laughing at this clip:
Read 4 tweets
6 May
It’s my understanding that this is the final text of the new Chancery “super court.” Unless I’m missing something, this is not that big a deal? It’s largely purposeless, sure, but this is a pretty modest change, particularly compared with what was initially proposed.
The folks who pushed this are going to be *shocked* to learn that the problem with their laughably unconstitutional shit was not, in fact, the county where suit is filed.
Relatedly (and I don’t have a great way to verify this), I would be pretty surprised to learn that more than a handful qualifying cases are filed each year. So I guess the 5-10 of us who file these kinds of cases regularly will get our own little special panel thing.
Read 4 tweets
5 May
I have thought about this for years, and I am finally at the point where I’m completely convinced: There should be full and automatic fee shifting to prevailing parties in all litigation between private litigants.
Many. And their recoveries would have been larger and faster if big corporations and insurance companies had to worry about paying my fees.
Additional, related note: It would also make financial sense to represent individuals with low-damages cases against large corporations and insurance companies if you could win a fee-shift. Right now, it makes no financial sense at all.
Read 31 tweets
29 Apr
This thread is (unsurprisingly) valuable and correct and good, and you should read it. I’m just chiming in to note that:

(1) Intros are not just for briefs! They are valuable in complaints, too.

(2) Readers often don’t read stuff in a single sitting, so the intro helps orient.
I get lots of love for my intros (see, e.g., ), so to the extent they’re useful to anyone, I’ll link some of my favorites below. Also note: Most courts don’t ask for intros or require them. To quote Judge Sutton: “But the rules don’t prohibit them, either.”
My view on intros has always been that in addition to providing a road map for what follows, they should quickly introduce and then hammer home your strongest argument right upfront. Here’s the intro from the Ludye Wallace case, for instance:….
Read 8 tweets

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