All that time we spent studying the Fourth Amendment and the Roberts Court just turns it off in the shadow docket

Was so busy with the AI that makes fake crime videos that I missed the AI that extracts marketing data from your thoughts www.bloomberg.com/news/article...

FTC stops work due to shutdown. Tells court: "Absent an appropriation, FTC attorneys and other employees are prohibited from working, even on a voluntary basis, except in very limited circumstances..."

"Shattered norms"? No, this shatters the rule of law: a prosecution based solely on the order of a dictator, not due process. The fascism is under your nose, #BrokenTimes Trump Gets the Retribution He Sought, and Shatters Norms in the Process www.nytimes.com/2025/09/25/u...

For your consideration: the lost-dog scam. www.timesunion.com/opinion/arti...

SCOTUS blocks Slaughter return to FTC and orders briefing on issues including whether Humphrey's Executor should be overturned. Kagan, Sotomayor and Jackson dissent. www.supremecourt.gov/opinions/24p...

Judge rejects Meta's motion to dismiss claims it broke contract with users and violated duty of good faith in suit over fraudulent ads on Facebook. prior coverage: www.mediapost.com/publications...

VPPA class-action against @NBCUniversalclaims company discloses "private video viewing history with (PII) in the form of names, email addresses, and/or GPS location to third-party identity service providers through tracking technology embedded in each of the NBC Apps."

What are the names of the U.S. Navy officers carrying out these orders to serially bomb civilian boats that pose no threat to their own vessels, killing everyone aboard? Surely they’ll want to take personal credit for this honorable service and perhaps wear a little campaign medal on their chest.

I know the case law. I also think the language of “jawboning“ makes this more complicated than it should be. everyone knows what coercion means. threatening to do X or else is coercion. if the government coerces people into shutting up or shutting others up, it’s a free speech problem.

Do not mock Supreme Leader Trump. Supreme Leader Trump sensitive snowflake. Supreme Leader Trump must be worshipped, revered and shown proper respect. We will come after you. Thank you for your attention to this matter. - Regime of the Golden Age & Delicate Flowers

After years of complaining about cancel culture, the current administration has taken it to a new and dangerous level by routinely threatening regulatory action against media companies unless they muzzle or fire reporters and commentators it doesn’t like.

/9 I previously described Kimmel’s potential case as “plausible,” which on reflection was too arch to be clear — based on Carr’s explicit threats and the sequence of events I’d say it’s a very strong case of violation of the First Amendment through coercion.

It's not just the authoritarianism — it's how shameless, how *gleeful* this administration is about it

"There must be in-groups whom the law protects but does not bind, alongside out-groups whom the law binds but does not protect."

The lawsuit is a statement of contempt for truth, the American public, the judicial process, & everything that deserves our respect in the American tradition. To assess its legal defects (eg complaints about Fred Trump—a man who cannot be defamed) ignores its purpose: to suppress criticism of Trump.

Sinclair is demanding that Kimmel apologize to the family (?) and also "make a meaningful personal donation to the Kirk Family and Turning Point USA" Are you fucking kidding me? It's not enough they got him fired, they want him to grovel and send money to these anti-free speech grifters?

Carr's views as of October 2024:

/2 However, I think ABC firing Kimmel following Carr’s threats makes a plausible case for a First Amendment violation. It should survive a motion to dismiss at least.

This is extortion and censorship. Brendan Carr is turning into a mob boss: “the easy way or the hard way,” really? What about the American way? The constitutional way? Shame on ABC for capitulating and on Nexstar for greedily aiding and abetting this farce.

this is quite genuinely insane, and I want to believe the backlash to this will be severe

Statement from @postguild.bsky.social on the firing of Karen Attiah:

I'm pretty sure that @karenattiah.bsky.social is the first @washingtonpost.com journo to be fired for expressing herself since the current craziness set in. Everyone else has quit in protest. Seems like Post staff members ought to take some sort of dramatic action, no?

Government officials in the "party of free speech" looking to use the power of the state to punish people for their free speech. Again. It's almost like they were never actually serious about free speech.

2nd Circuit won't revive George Santos's copyright suit against Jimmy Kimmel/ABC over prank videos. Court upholds district court ruling that Kimmel made fair use of the videos. ww3.ca2.uscourts.gov/decisions/is... prior: www.mediapost.com/publications...

Firing a Black woman for quoting Kirk’s horrific statements about Black women is insane. It seems the Washington Post would rather perform politeness (and demand that the people Kirk harmed do it too) that tell the truth: karenattiah.substack.com/p/the-washin...

In partial loss for NetChoice, 9th Circuit allows California to enforce restrictions on social media recommendations. cdn.ca9.uscourts.gov/datastore/op...

LiveRamp tells court alleged data collection practices benefits consumers by enabling targeted ads "that were of greater value to users than the ads and marketing they would have otherwise experienced." prior: www.mediapost.com/publications...

Supreme Court Rules 6-3 That Fundamental Interests Of United States Of America Would Be Irreparably Harmed If It Race-Based Harassment And Detention By Masked Thugs Were Even Temporarily Halted

SCOTUS: considering race as one factor in a college applicant's file is blatantly unconstitutional ALSO SCOTUS: considering race as one factor in targeting whom to detain and deport is cool cool cool

Leaving aside his contempt for taking domestic violence seriously, please remember that DHS has repeatedly argued that Kilmar Abrego Garcia was a dangerous menace to the nation because of allegations of domestic violence. Is it not a crime? Or is it a crime so serious it merit deportation?

SCOTUS chief Roberts halts Rebecca Kelly Slaughter's reinstatement to FTC www.supremecourt.gov/orders/court...

Google RTB privacy settlement will require company to give users new controls over online tracking/ad targeting.

oh this is straightforward white nationalist agitprop

Trump and YouTube tell judge they "continue to engage in productive discussions regarding next steps" regarding Trump's lawsuit over his post-Jan 6 account ban. Meta agreed to $25M settlement in January -- www.mediapost.com/publications... -- and Twitter reportedly settled for $10M

Oh and we need to amp this up, fire up people to fight now. Don't let a three-day-weekend approaching cool your anger. Channel it, focus it. RFK Jr. needs to go. Make it your mission starting today.

[email protected] defeats privacy suit over 'session replay' technology. 9th Circuit says plaintiff lacks standing: the monitoring of her interactions with ecommerce site PetSuppliesPlus "seems most similar to a store clerk's observing shoppers..." cdn.ca9.uscourts.gov/datastore/op...

Anthropic agrees to settle book authors' copyright suit. Terms not yet disclosed.

Judge denies Fla AG request for an injunction that would have forced Snapchat to ban 13 year-olds and require parental consent for 14 and 15 year-olds to maintain accounts. Says already ruled Fla social media law HB3 likely unconstitutional prior: www.mediapost.com/publications...

Meta moves to set aside jury verdict in Flo Health wiretapping case. Says plaintiffs consented to data sharing when they accepted Facebook TOS. Also says evidence doesn't fit California wiretap law, S. 632. mediapost.com/publications...

The worst single-day crime spree in modern Washington history, of course, took place on Jan. 6, 2021. Trump issued no order to the National Guard to intervene -- Mike Pence did -- and later pardoned the perpetrators.

Gorsuch would LOVE to write an opinion in this case.

Meta asks SCOTUS to deny cert petition from family members of Dylann Roof mass shooting victim. Meta allegedly recommended Roof that encouraged his racist/violent views. 4th Circ upheld dismissal on S. 230 grounds & said no causation. prior: www.mediapost.com/publications...

Meta says most time on FB and Insta is spent watching videos, and only 7% of time on Insta & 17% on FB involves consuming content from friends. Company argues FTC hasn't proven it monopolizes 'personal social networking services market' b/c such market doesn't exist

This morning, Border Patrol agents hiding in Penske rental trucks raided a Home Depot in Los Angeles to grab day laborers standing around, which the Border Patrol's current CA lead Gregory Bovino called "Operation Trojan Horse." Raises very serious questions about violation of the court order.

Meta sought to stay discovery in lawsuit alleging it overcharged advertisers $4 billion between 2013 and 2017. Judge tells Meta: Not so fast. prior: www.mediapost.com/publications...

In landmark verdict, jury finds Meta violated California wiretap law by allegedly collecting data from users of Flo menstrual tracker app.

2nd Circuit punts 2-1 on NY online hate speech law. Says constitutionality depends on how law is interpreted, and certifies question to NY's highest state court. prior: www.mediapost.com/publications...