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The Latest Breaking News from The Eleventh Circuit

Journal of Free Speech Law: "Platform Transparency and the First Amendment," by Daphne Keller

The article, which is directly relevant to the Netchoice cases that the Court will consider this Term, is here; here's the Introduction: Major U.S. platforms can powerfully influence public discourse by removing, promoting, and otherwise moderating users' online speech. Better information about their content moderation would help policymakers enact better…

Short Circuit: A Roundup of Recent Federal Court Decisions

SWAT takings, retaliatory liens, and a Spam confiscation.

Short Circuit: A Roundup of Recent Federal Court Decisions

Chalk, meme stocks, and a dog in peril.

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No Pseudonymity for Non-Citizen Challenging Law Limiting Non-Citizens' Participation in Voter Registration

From Chief Judge Mark Walker's opinion yesterday in Hispanic Federation v. Byrd (N.D. Fla.); the pseudonymous plaintiff is apparently a lawful permanent resident: {This case involves a constitutional challenge to a newly-enacted law regulating third-party voter registration organizations. Plaintiff Doe seeks to proceed anonymously to avoid retaliation or harassment considering…

11th Circuit Will Review En Banc Whether Second Amendment Protects 18-to-20-Year-Olds

Yesterday, the Eleventh Circuit granted en banc rehearing on this issue in NRA v. Bondi. For more on the underlying legal issue, see Stephen Halbrook's April post, which mentions the panel opinion (which has now been vacated) as well as some other cases.

A Lawyer's Filing "Is Replete with Citations to Non-Existent Cases"—Thanks, ChatGPT?

The lawyer's colleague, who drafted the filing, says he relied on ChatGPT to draft the filing and provide the text of the cases, and neglected to check them.

Short Circuit: A Roundup of Recent Federal Court Decisions

Police baptisms, candy crushing, and reasonable violations of clearly established law.

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The Timing of Computer Search Warrants When It Takes the Government Several Years To Guess The Password

Ex ante restrictions are back, and they're still causing trouble, now in United States v. Kopankov.

Rare Grant of Pseudonymity to a Libel Plaintiff, Where There's Evidence of Risk of Violent Attack

From yesterday's decision by Magistrate Judge Laura Lothman Lambert (M.D. Fla.) in Doe v. Predator Catchers, Inc.: [D]efendant Predator Catchers, Inc. … "has as its purported mission, the investigation into … and public exposure of sexual predators, principally those preying on minors." … [P]laintiff alleges Predator Catchers uses vigilante tactics,…

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