U.S. Fifth Circuit
Can a Protest Leader Be Sued for Negligence When Crimes Occur?
How liable are protest leaders for the actions of people attending the events they organize? Many protests over the years have involved violence, looting, and other criminal behavior. The First Amendment doesn't protect speech that incites violence, but what about civil negligence claims? If protest leaders can be…
Fifth Circuit: Qualified Immunity for Laredo Police After Arresting Citizen Journalist for Asking a Question
Back-channel reporting on government practices is as old as journalism itself. Journalists with an inside government source may use that source to paint a picture in direct contrast with the public image a government agency, official, or politician puts forth. Then we, the public, are responsible for deciding which…
Biden Administration Can Measure "Social Cost of Carbon" for Economically Significant Regulations
As you might expect, not every politician agrees with using SCC when determining the economic impact of new federal regulations. But it was still surprising when a federal district court in Louisiana held last summer that the Biden Administration violated the Administrative Procedure Act (APA) in reinstating the use of SCC analysis through an executive order, E.O. 14008.
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