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The Latest Breaking News from Ninth Circuit

Short Circuit: A Roundup of Recent Federal Court Decisions

Zoom jurors, community caretaking, and criticizing a colleague.

Reason

No Problem with Juror Being Remote Because Wife Might Have COVID, If Defendant Consents

From yesterday's Ninth Circuit decision in U.S. v. Knight, by District Judge Robert Lasnik (W.D. Wash.), joined by Judges Sidney Thomas and Mark Bennett: In July 2019, two stores were robbed in Sparks, Nevada. After a six-day trial, Knight was convicted of the robberies and sentenced to 169 months' imprisonment…

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Sikh Marines, MAGA hats, and racist memes.

Reason

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Court Refuses to Block California Ban on COVID "Treatment or Advice" That's "Contrary to the Standard of Care"

The law bans doctors from providing "treatment or advice" "to a patient" "related to COVID-19" when that treatment or advice includes (1) "false information" (2) "that is contradicted by contemporary scientific consensus" (3) "contrary to the standard of care." The law regulates only speech to patients, not to the public…

Reason

Teacher Can Proceed With First Amendment Lawsuit Over Threatened Punishment for Wearing MAGA Hat to Training

A defendant had argued that she could allow Black Lives Matters posters but forbid MAGA hats on the theory that, "While the Black Lives Matter poster is a symbol of cultural acceptance and inclusivity ... Mr. Dodge's MAGA hat is a symbol commonly associated with white supremacy and other anti-immigrant…

Reason

Ninth Circuit Upholds Expulsions for Off-Campus Abusive Speech That Targets Particular Students

“Students ... remain free to express offensive and other unpopular viewpoints [at least outside school], but that does not include a license to disseminate severely harassing invective targeted at particular classmates in a manner that is readily and foreseeably transmissible to those students.”

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Feather bans, tent curtilage, and youngsters and their sweets.

Reason

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Short Circuit: A Roundup of Recent Federal Court Decisions

Shunt sabotage, shooting up a tailor's, and the credible threat of prosecution.

Reason

Ninth Circuit Orders Press Pass for The Gateway Pundit, Pending Appeal

The press pass is for election-related events connected to Maricopa County's ongoing ballot counting; the panel concluded that The Gateway Pundit was likely to succeed on its claim that the denial was unconstitutionally based on its viewpoints.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Unconsidered pesticides, undesirable aliens, and unconstitutional delegating.

Reason

Ninth Circuit Rejects Claims That YouTube's Blocking of Content Was Compelled by or "Entangled with" Government

From Doe v. Google LLC, decided yesterday by the Ninth Circuit (Judges Margaet McKeown, Consuelo Callahan, and Lawrence Vandyke): Appellants are fourteen self-described "conservative" content creators who spent years growing their YouTube channels and amassing more than 771 million views. These channels discussed topics such as "Hunter Biden and the…

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Grains of sand, detachable pockets, and genuine obliviousness.

Reason

Union Station: Checking in on public-sector union cases appealed to the Supreme Court

Note: In observance of the Thanksgiving holiday, we will not be publishing Union Station on Nov. 25. The next edition of Union Station will arrive on Dec. 2.

Ballotpedia

Elizabeth Holmes, pregnant again, faces Friday sentencing: Here’s what to expect

Theranos founder Elizabeth Holmes, pregnant and the mother of a young son, will likely receive a multi-year prison sentence Friday, then try to delay her imprisonment and overturn her guilty verdict, legal experts say.

Tribune News Service

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Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Pit bull bans, community sensitivity, and criminal defamation.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Wanted posters, vague and threatening letters, and dragging a 75-pound dummy.

Reason

Reddit Is Not Guilty of Sex Trafficking, Says Court

In a post-FOSTA world, Section 230 still protects websites from lawsuits over criminal sexual conduct by their users.

Reason

Beauty Pageants Have First Amendment Right to Limit Contestants to "Natural Born Females"

So holds the Ninth Circuit; Hamilton plays a major role.

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Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Chalking tires, curbing meters, and secretly recording videos.

Reason

Bikini Barista Ban Violates Equal Protection Clause by Intentionally Discriminating Against Women Baristas

So Judge Ricardo Martinez ruled last week in Edge v. City of Everett (W.D. Wash.): The Dress Code Ordinance requires all employees, owners, and operators of "Quick-Service Facilities" to wear clothing that covers "the upper and lower body (breast/pectorals, stomach, back below the shoulder blades, buttocks, top three inches of…

Reason

Ninth Circuit Confirms that District Courts Can Enforce Expansive Restitution Agreements

The general federal restitution statute grants statutory authority to district courts to award restitution to crime victims to the extent provided in a plea agreement.

Reason

Ninth Circuit Refuses to Quash Jan. 6 Committee Subpoena for Kelli Ward's Cell Phone Records

A Ninth Circut panel split 2-1 over whether First Amendment concerns should prevent congressional investigatos from obtaining cell records for Arizona's Republican Party Chair.

Reason

Ninth Circuit Partly Affirms and Partly Reverses Judgment for Planned Parenthood Over Secret Recordings

"Journalism and investigative reporting have long served a critical role in our society. But journalism and investigative reporting do not require illegal conduct."

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Retaliatory pepper spray, excessive damages awards, and the power of the purse.

Reason

Ninth Circuit Reverses "Provisional" Sealing of Appellate Brief in Interesting Free Speech Case

Appellate briefs need to be treated as public documents, and (I argued) shouldn't be "provisionally" sealed for months or years without findings that such sealing (or, more often, redaction) is genuinely necessary.

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