Reason

The 2nd Circuit's second-class Second Amendment intermediate scrutiny

On Wednesday I examined two aspects of Monday's 2nd Circuit decision mostly upholding firearms and magazine bans in New York and Connecticut, in New York State Rifle & Pistol Assoc. v. Cuomo and ...
JD Supra

Unusual First Amendment Challenge Rejected in Fax TCPA Case: Court Upholds TCPA Applying Intermediate Scrutiny in Struggle Over Lawfulness of Statutory Damages

With all the buzz generated by the Gallion First Amendment challenge in the Ninth Circuit Court of Appeal, we’ll report on First Amendment TCPA challenges wherever we find them from now on. We have a ...
Reason

Gun Controllers Need Not Fear 'Intermediate Scrutiny'

This news is a couple of weeks old, but I don't think anyone here has discussed it yet: Last month a federal judge upheld the firearm regulations that Washington, D.C., enacted after the Supreme Court ...
American Enterprise Institute

Par for the Judicial Course: Reducing Scrutiny of Laws Targeting Lawful Sexual Content

When it comes to statutes curbing access to lawful sexual content—material that’s neither obscene nor child pornographic—the US Supreme Court sometimes bends its normal First Amendment rules of review ...
The Washington Post

The 2nd Circuit’s second-class Second Amendment intermediate scrutiny

On Wednesday I examined two aspects of Monday’s 2nd Circuit decision mostly upholding firearms and magazine bans in New York and Connecticut, in New York State Rifle & Pistol Assoc. v. Cuomo and ...