The Latest Breaking News from Eleventh Circuit

So the Eleventh Circuit held today in U.S. v. Jimenez-Shilon, in an opinion by Judge Kevin Newsom, joined by Judges Elizabeth Branch and Andrew Brasher; the opinion focused on Framing-era history, and concludes, [Under eighteenth-century law,] aliens could not surreptitiously enter a foreign nation in violation of the immigration prerogatives…

I'm still going through the decision, in Netchoice v. Attorney General, but I thought I'd note the result: The question at the core of this appeal is whether the Facebooks and Twitters of the world—indisputably "private actors" with First Amendment rights—are engaged in constitutionally protected expressive activity when they moderate…

From the Eleventh Circuit panel decision allowing a First Amendment claim based on Univ. of Central Florida's "bias-related incidents policy" to proceed: There is, we observe, a certain irony in the facts (1) that UCF created the JKRT [Just Knights Response Team] to address situations in which students felt intimidated…

More from today's Eleventh Circuit decision in Speech First, Inc. v. Cartwright (written by Judge Kevin Newsom and joined by Judge Stanley Marcus and District Judge Richard Story); seems quite right to me: The bias-related-incidents policy creates a mechanism by which a UCF student can be anonymously accused of an…

An excerpt from today's Eleventh Circuit decision in Speech First, Inc. v. Cartwright (written by Judge Kevin Newsom and joined by Judge Stanley Marcus and District Judge Richard Story), which generally strikes me as quite right: [In] determining the propriety of preliminary injunctive relief[, we consider, among other things, whether…

Negligent investigation, racketeering, and gambling in Vegas.

Heat waves, raucous parties, and cemetery discretion.

Acts of state, hedonic damages, and bang-bang commands.

Reiterman v. Abid, decided today by the Eleventh Circuit (in an opinion by Judge Gerald Bard Tjoflat, joined by Judges Elizabeth Branch and Britt Grant), involves a sexual assault allegation which led to a libel lawsuit, and which in turn led to a settlement agreement calling for arbitration. The question…