The ACLU’s actual legal advocacy represents its institutional values; individual staffers’ tweets do not. All lawyers understand this, but some pretend not to.
Also, the fact that @chasestrangio supported Amazon’s decision to stop selling an anti-trans book does not conflict with the ACLU’s commitment to free speech. Private businesses have a right to sell or not sell any book they choose. The ACLU has long defended corporate speech.
The rejoinder, I think, would be that some ACLU staffers do not support the organization’s current approach to free speech. Fair. But they have very clearly not won out. They remain a minority. And from reading this article, you wouldn’t realize that. Which is my main critique.
I wrote about this dynamic a few years ago and I don’t think anything has changed since. Some ACLU staffers question the group’s First Amendment litigation; there are debates on the issue; but at the end of the day, the ACLU sides with free speech. slate.com/news-and-polit…
Anyway here is the article, which, again, highlights a very real debate within the ACLU but does not, to my mind, fully convey the organization’s refusal to retreat from its free speech principles in actual litigation! nytimes.com/2021/06/06/us/…
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It bears repeating that Judge Benitez's ruling against California's assault weapon ban promotes the anti-vax lie that COVID vaccines are killing many people—while falsely trivializing mass shootings with an AR-15 as "infinitesimally rare." d3n8a8pro7vhmx.cloudfront.net/firearmspolicy…
The portion of Benitez's opinion blithely trivializing the unique trauma of gunshot wounds from assault weapons is particularly nauseating. nymag.com/intelligencer/…
Note, too, Benitez's contradictory conclusion: Mass shootings with assault weapons are "infinitesimally rare" in California, yet California's assault weapons ban is a "failed experiment which does not achieve its objectives of preventing mass shootings." d3n8a8pro7vhmx.cloudfront.net/firearmspolicy…
The first and ONLY Supreme Court opinion today is in Sanchez v. Mayorkas, a unanimous decision by Kagan holding that a TPS recipient who entered the U.S. unlawfully is not eligible under §1255 for LPR status merely because he has TPS. supremecourt.gov/opinions/20pdf…
No blockbusters* from the Supreme Court today. Next SCOTUS opinion day is Thursday (my birthday!).
*with the caveat that every case is a blockbuster to someone!
You all better be ready to wish me happy birthday while we wait for doom on Thursday.
Whoa—Sotomayor, joined by Breyer and KAVANAUGH, suggest the all-male draft may be unconstitutional, but counsel deference to Congress while it debates ending the all-male draft itself. supremecourt.gov/orders/courtor…
The Supreme Court has released its first and ONLY opinion of the day in Van Buren v. U.S. No blockbusters today! supremecourt.gov/opinions/20pdf…
Fascinating (and unprecedented) breakdown: Opinion by Barrett, joined by Kavanaugh, Gorsuch, Breyer, Sotomayor, and Kagan. Dissent by Thomas, joined by Roberts and Alito. supremecourt.gov/opinions/20pdf…
SCOTUS holds that an individual “exceeds authorized access” under the Computer Fraud and Abuse Act when he accesses a computer with authorization but then obtains information located in particular areas of the computer that are off-limits to him. This is the @OrinKerr bat signal.
NEW: I spoke with Nick Wallace, the student who is not allowed to graduate from Stanford Law next week because a top member of the school's Federalist Society chapter issued a formal complaint against him for making fun of FedSoc. slate.com/news-and-polit…@Slate
Here is the flyer that led Stanford to place a hold on Wallace's diploma following a complaint by a Stanford Federalist Society leader.
I want to highlight the fact that Stanford hasn't *just* placed a hold on Wallace's diploma. It has also forced him to undergo a disciplinary investigation in the middle of finals. And by withholding his degree, it is preventing him from taking the bar. slate.com/news-and-polit…