From Monday’s U.S. v. Daniels decision, written by Fifth Circuit Judge Jerry Smith, joined by Judge Don Willett: Title 18 U.S.C. § 922(g)(3) bars an individual from possessing a firearm if he is an “unlawful user” of a controlled substance. A jury found that Patrick Daniels, Jr., was such an unlawful user, and a judge sentenced him to nearly four years in prison. But the jury did not necessarily find that Daniels was intoxicated at the time of […]

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By the time Arthur Terminiello arrived at Chicago’s West End Woman’s Club on a Thursday evening in February 1946, a hostile crowd that would swell to 1,000 or so protesters had already gathered outside the auditorium. They were outraged by the event at which Terminiello was scheduled to speak: a Christian Veterans of America meeting organized by the evangelist Gerald L.K. Smith, a flagrantly antisemitic populist and spectacularly unsuccessful presidential candidate who had founded the America First Party […]

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From Mirabelli v. Olson, decided today by Judge Roger Benitez (S.D. Cal.), the introduction and the conclusion: Plaintiffs are teachers in the Escondido Union School District (“EUSD”) and parents of students in other California school districts…. The Plaintiffs contend that a state policy promulgated by the California Department of Education and adopted by local school districts violate their rights under the First and Fourteenth Amendments …. The gravamen of the state policy is that public school teachers are […]

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