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    Understanding the Scope of Rumsfeld v. FAIR

    In Rumsfeld v. FAIR (2006), the Court unanimously held that universities could be required to host military recruiters, even when the universities generally refused to host recruiters who discriminated based on (among other things) sexual orientation, and the military was indeed so discriminating. The Court also held that universities could even be required to include information about the military recruiters on the same terms as about other recruiters in the universities' own speech (e.g.,...

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    • Reason.com

    When Is it a Taking of Private Property to Bar a Property Owner from Excluding Unwanted Visitors?

    A comment on the Rumsfeld v. FAIR thread reminded me that there's some confusion about this question, especially in light of last year's Cedar Point Nursery v. Hassid decision. Cedar Point held that a regulation providing that "[a]gricultural employers must allow union organizers onto their property for up to three hours per day, 120 days per year" "constitutes a per se physical taking" of private property and thus requires the government to pay "just compensation" to the property owners. What...

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    Today in Supreme Court History: May 22, 1807

    5/22/1807: Aaron Burr is indicted on charges of treason. Chief Justice John Marshall would preside over Burr's trial.

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    Zora Neale Hurston’s Inconvenient Individualism

    In 1937 the left-wing magazine New Masses ran a negative review of Zora Neale Hurston's masterpiece, Their Eyes Were Watching God. "Miss Hurston can write," allowed Richard Wright, whose own landmark novel, Native Son, would appear three years later. But her writing, he said, wallowed "in that facile sensuality that has dogged Negro expression." Hurston's novel "is not addressed to the Negro," Wright asserted, "but to a white audience whose chauvinistic tastes she knows how to satisfy." In...

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    Mainstream Political Argument Forbidden "in the Modern Public Square" of Facebook

    So reports Fox News (Kyle Morris); it's of course possible that there's some error in the reporting, but the screenshot (borrowed from a New York Post reprint of the Fox News account) seems to corroborate it:

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    Today in Supreme Court History: May 21, 2007

    5/21/2007: Bell Atlantic Corp. v. Twombly decided.

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    Federal Court Sanctions MyPillow CEO Mike Lindell for "Frivolous" Legal Claims

    Yesterday, a federal district court judge dismissed MyPillow CEO Mike Lindell's counterclaims against election machine manufacturers U.S. Dominion and Smartmatic. The counterclaims were filed in the companies' defamation suit against Lindell, who had accused the firms of stealing the 2020 election with rigged election machines. In addition, Judge Nichols imposed sanctions on Lindell, given the "groundless" and "frivolous" nature of his claims. Last fall, Judge Nichols had also denied Lindell's...

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    Afro-Cuban Discriminated Against for Being Hispanic, Not Black

    Here's a curious case described in the Washington Post in 1980, one that didn't make it into my forthcoming book on racial classifications:

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    Britain Finally Relaxes GMO Rules, But Advocates Want More Deregulation

    The decision by the U.K. Parliament to relax rules around the planting of some genetically modified crops in Britain is being celebrated this week in an excellent Observer editorial published by sister publication The Guardian. (The papers share an owner.)

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    The Perpetually Canceled Ludwig von Mises

    The post The Perpetually Canceled Ludwig von Mises appeared first on Reason.com.

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    Richmond's Limits on Ads on City Buses Struck Down as Unreasonably Vague

    From White Coat Waste Project v. Greater Richmond Transit Co., decided today (quite correctly, I think) by the Fourth Circuit (Judge Julius Richardson, joined by Chief Judge Roger Gregory and Judge Paul Niemeyer):

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    Court Upholds Denial of Restraining Order for "Online Rants That [We]re False" About Petitioner

    From Griffin v. Stowe, decided yesterday by the California Court of Appeal (Presiding Justice Manuel Ramirez, joined by Justices Marsha Slough and Richard Fields):

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