Tag Archives: First Amendment

Divided D.C. Circuit Rejects Airlines’ First Amendment Challenge Based on Agency’s Interpretation of its Own Rule

In Spirit Airlines v. Department of Transportation, a D.C. Circuit panel with the unlikely split of Judges Tatel and Henderson in the majority and Judge Randolph in dissent, engages in two parallel debates.  The first is constitutional, and the second is over the proper tools of judicial decisionmaking.   Continue reading

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Judge Brown to Moderate Panel on Freedom of Assembly

Judge Brown will moderate a book forum on the freedom of assembly on May 8 at the American Enterprise Institute.  The panel includes John Inazu, author of Liberty’s Refuge: The Forgotten Freedom of Assembly and professor at Washington University Law School.  The other panelists are Continue reading

Supreme Court Could Reexamine the Scope of First Amendment Protection for Government Employees

[Update:  The Supreme Court denied cert in Bowie v. Maddox and Byrne v. Jackler on February 27, 2012. [PDF] (Hat Tip: SCOTUSblog)]

John Elwood reports at SCOTUSblog that the Supreme Court “appears to be holding Byrne v. Jackler, 11-517 . . . to consider it with Bowie v. Maddox, 11-670, in which the District of Columbia’s response is due January 30.” Continue reading

“The D.C. Circuit did not use tweezers–it used a sledgehammer.”

Those words could describe more than one D.C. Circuit opinion, but they were used in a recent cert petition calling for resolution of a circuit split on whether a government employee fired for refusing to make a false statement in the course of his official duties has a cause of action under the First Amendment. Continue reading