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show show skip to content fa on first wen fa on the first amendment kethledge: first amendment hawk june 29, 2018 june 29, 2018 11 comments justice kennedy was a fierce defender of the first amendment. as he explained in one of his last opinions on the bench, the government “must not be allowed to force persons to express a message contrary to their deepest convictions. freedom of speech secures freedom of thought and belief.” not many can fill justice kennedy’s shoes when it comes to the first amendment. but one who might is justice kennedy’s former law clerk: judge raymond kethledge of the sixth circuit. in one case , judge kethledge wrote an opinion invalidating an ohio law that prohibited candidates for state prosecutors’ office from accepting campaign contributions from medicaid providers. ohio argued that a law which banned the speech of all 93,000 medicaid providers was necessary to prevent corruption. yet kethledge explained that “a state must do more than merely recite a general interest in prevent corruption.” it must “demonstrate how its [law] furthers a sufficiently important interest.” examining the evidence, judge kethledge noted that although only about 300 of ohio’s medicaid providers were implicated in medicaid fraud, the ohio law prevented nearly 100,000 providers from speaking. a law with such an imprecise fit between means and ends flunks the first amendment. in another case , the police threatened to arrest two people who were walking around a festival with a sign conveying a christian message. the city defended its actions, pointing to a ban on the “soliciting of causes outside of booth space” during the sweet corn festival . the city argued that the ban was necessary for crowd control, but it identified no crowd concerns at the festival. judge kethledge fully joined the opinion striking down the law. in so doing, he found the ban far too restrictive, since it prohibited all signs, leaflets, and even one-on-one discussions. in a third case , judge kethledge rejected a first amendment challenge to ordinances that regulated the licensing and location of adult businesses. there’s not much to say about the merits: the supreme court has held that laws which seek to limit the secondary effects of adult businesses receive less scrutiny. lower court judges are bound by supreme court precedent. i mention the case because it features my favorite kethledge one-liner of all time. the dissent in the case felt that the main issue should’ve been a different one: “the beaches of normandy lie elsewhere.” kethledge’s rejoinder was even better: “where the dissent actually finds itself, however, is at pas de calais .” court watchers love comparing nominees to sitting justices . judge kethledge’s writing reminds me of the chief’s. his focus on statutory text? justice thomas. he shares justice kennedy’s commitment to civil discourse. will judge kethledge fortify his former boss’s legacy on the first amendment? we may find out soon enough. @ wenfa1 (disclosure: years ago , i was a student in judge kethledge’s fundamentals of appellate advocacy seminar). first amendment kennedy kethledge supreme court supreme court opinion is a big victory for the first amendment june 19, 2018 leave a comment on thursday, the supreme court issued its decision in minnesota voters alliance v. mansky . i drafted the cert petition and litigated the case with my colleagues at pacific legal foundation . you can read more about the decision in my op-ed for the hill . here’s a snippet: a key argument in the case was that the apparel law inevitably would be enforced in an unequal manner. conservative poll workers might be more willing to enforce a political-apparel ban against voters wearing the apparel of the afl-cio; liberal poll workers, against voters wearing chamber of commerce t-shirts. thorny first amendment questions with redistricting april 13, 2018 april 13, 2018 leave a comment two of the cases at the supreme court this term involve redistricting. can a state draw district lines in a way that favors the politically powerful party? or are some districts so blatantly discriminatory that they violate the first amendment. i don’t have fully formed views on gill (wisconsin) and benisek (maryland), but here are some initial thoughts. first, there are difficult line-drawing problems with most cases. yet the line-drawing problem in this case seem particularly challenging. as the chief justice noted during oral argument in benisek , nearly everyone would agree that some degree of politics is acceptable in redistricting decisions. how political is too political? how is the court supposed to police the line? second, there are quite a few things that alter voter efficacy. wyoming and california both get two senators. because there are more people in california, the average voter in california has less say on who gets elected than her counterpart in wyoming. under this system, some people’s vote matters more, yet few would say that this raises constitutional concerns. on the other side, though, it seems that blatant forms of political redistricting call for redress. consider a state with 100 residents — 30 republicans and 70 democrats. could the state make a district for each republican and just one for all 70 democrats? nor do the problems go away with proportional representation. if the state had a district for every 10 residents, a creative redistricting republican-leaning commissioner could draw districts in a way to give the republicans even numbers in the legislature despite being outnumbered 30 to 70. (five districts with 10 democrats; five districts with 6 republicans and 4 democrats). this seems like a classic political process failure that demands judicial intervention. the redistricting cases are some of the hardest cases this term. we’ll see what the court does before july. @ wenfa1 redistricting my speech to the federalist society at santa clara school of law march 21, 2018 april 11, 2018 3 comments yesterday, i spoke about minnesota voters alliance v. mansky to the student chapter of the federalist society at santa clara university school of law. dean brad joondeph provided commentary. here’s a transcript of my remarks: continue reading “my speech to the federalist society at santa clara school of law” minnesota voters alliance speeches supreme court coverage on the argument in mva march 10, 2018 april 12, 2018 leave a comment last week, i was at the supreme court to second-chair the oral argument in minnesota voters alliance v. mansky . the case, which involves a first amendment challenge to a ban on political apparel at the polling place, has garnered quite a bit of attention. here’s a round-up: continue reading “coverage on the argument in mva” minnesota voters alliance upcoming events for minnesota voters alliance v. mansky february 16, 2018 february 16, 2018 leave a comment oral argument in minnesota voters alliance v. mansky is just 13 days away. i’ll be in washington d.c. for most of the next two weeks to talk about how this case affects the free speech rights of everyone from members of the tea party to the naacp. on thursday, february 22, i’ll be on a panel at the cato institute with cato’s trevor burrus and munger tolles partner ginger anders . anders, who has argued 18 cases before the supreme court, is one of the lawyers for the government in minnesota voters alliance . you may register for the event here or watch it online . on monday, february 26, i’ll be speaking to the america’s future foundation during happy hour at ireland’s four courts in arlington. read more about the event on facebook and register on eventbrite . on tuesday, february 27, i’ll be speaking at 12:15 to the georgetown law federalist society in mcdonough 201. come get a preview of the case the day before it is argued before the supreme court. minnesota voters alliance speeches fed soc talk and press call on mva v. mansky february 10, 2018 leave a comment two events next week on min

URL analysis for faonfirst.com

https://faonfirst.com/tag/minnesota-voters-alliance/
https://faonfirst.com/#content
https://faonfirst.com/2018/03/10/coverage-on-the-argument-in-mva/
https://faonfirst.com/2018/02/16/upcoming-events-for-minnesota-voters-alliance-v-mansky/
https://faonfirst.com/2018/06/19/supreme-court-opinion-is-a-big-victory-for-the-first-amendment/#respond
https://faonfirst.com/2018/03/21/my-speech-to-santa-clara-school-of-law-federalist-society/
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https://faonfirst.com/2018/03/10/coverage-on-the-argument-in-mva/#respond
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https://faonfirst.com/tag/speeches/
https://faonfirst.com/2018/02/16/upcoming-events-for-minnesota-voters-alliance-v-mansky/#respond
https://faonfirst.com/2018/06/19/supreme-court-opinion-is-a-big-victory-for-the-first-amendment/
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https://faonfirst.com/2018/04/13/thorny-first-amendment-questions-with-redistricting/#respond
https://faonfirst.com/tag/kennedy/

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