Last week, in Susan B. Anthony List v. Driehaus, the Sixth Circuit applied United States v. Alvarez to strike down Ohio’s political false-statements laws. The provisions in question prohibited knowingly or recklessly making false statements with the intent of affecting the outcome of an election. The statute specifically identified certain types of false statements as … Continue Reading
In 2011, the National Gang Intelligence Center—part of the FBI—included fans of the band “Insane Clown Posse,” also known as “Juggalos,” in its report on gang activity, describing Juggalos as a “hybrid gang” and claiming that “Juggalo subsets exhibit gang-like behavior and engage in criminal activity and violence.” Six plaintiffs (four Juggalos and the two … Continue Reading
Just over a week ago, the Sixth Circuit issued an opinion in Susan B. Anthony List v. Driehaus, the free speech saga that even made it to the Supreme Court last term. Although the case before the Supreme Court focused on SBA Lists’s standing to sue over an Ohio election law, the Sixth Circuit put an … Continue Reading
Although not on direct appeal from the Sixth Circuit, the Supreme Court will hear oral argument today in a criminal case that will resolve a division between the Sixth and Ninth Circuits over what standard of “intent” should be applied to a criminal defendant charged under a law that makes it a crime to “transmit … Continue Reading
In Berry v Schmitt, the Sixth Circuit held that the Kentucky Bar Association (“KBA”) could not use Kentucky Rule of Professional Conduct 8.2(a) to bar an attorney, John Berry, from commenting on the Kentucky Legislative Ethics Commission investigation of Senate President David Williams. Senator Williams was investigated for alleged fund-raising violations. Berry attended the public … Continue Reading
The Sixth Circuit today issued its long-awaited opinion in the free speech challenge to the Family Smoking Prevention and Tobacco Control Act, Public Law 111-31, which gives the Food and Drug Administration the power to regulate tobacco advertising and marketing. See Opinion, Discount Tobacco City & Lottery v. United States (6th Cir., Case Nos. 10-5234 … Continue Reading
Last summer, we brought you highlights from oral arguments at the Sixth Circuit in the free speech challenge to the Family Smoking Prevention and Tobacco Control Act, Public Law 111-31, which gives the Food and Drug Administration the power to regulate tobacco advertising and marketing. See Discount Tobacco City & Lottery v. United States (6th … Continue Reading
I was recently interviewed on the Voice of Russia international radio network to discuss the free speech challenge to the Family Smoking Prevention and Tobacco Control Act, Public Law 111-31, that is currently before the Sixth Circuit. As I reported last month, the Sixth Circuit recently heard oral argument on the constitutionality of the Act, which gives … Continue Reading
Last week, the Sixth Circuit heard oral arguments in the free speech challenge to the Family Smoking Prevention and Tobacco Control Act, Public Law 111-31, which gives the Food and Drug Administration the power to regulate tobacco advertising and marketing. See Discount Tobacco City & Lottery v. United States (6th Cir., Case Nos. 10-5234 & … Continue Reading