balancing-first-amendment-rights- Case Commentaries

Florida Probate Rules: Court-Determined Curator Bonds, Expanded Notice, and Recognition of Tatton-Brown-Rahman Syndrome

Date: Oct 16, 2026

Florida Probate Rules: Court-Determined Curator Bonds, Expanded Notice, and Recognition of Tatton-Brown-Rahman Syndrome Case: IN RE: AMENDMENTS TO FLORIDA PROBATE RULES - 2026 LEGISLATION. Court:...

Florida Guardianship Forms Must Conform to Statewide Caption and Service-Certificate Standards

Date: Oct 16, 2026

Florida Guardianship Forms Must Conform to Statewide Caption and Service-Certificate Standards Supreme Court of Florida · No. SC2026-0558 · October 15, 2026 Effective date: January 1, 2027, at 12:01...

Specific Sequestration Restrictions Bind Counsel: Knowing Disobedience and False Explanations Establish Misconduct

Date: Oct 16, 2026

Specific Sequestration Restrictions Bind Counsel: Knowing Disobedience and False Explanations Establish Misconduct Case: The Florida Bar v. Clayton Bowers Studstill Court: Supreme Court of Florida...

A Recidivist DUI Conviction Does Not Alone Justify Permanent Firearm Disarmament

Date: Oct 16, 2026

A Recidivist DUI Conviction Does Not Alone Justify Permanent Firearm Disarmament Commentary on Edward Williams v. Attorney General United States of America United States Court of Appeals for the...

Violent or Threatening Convictions Can Presumptively Justify Disarmament at the Indictment Stage

Date: Oct 16, 2026

Violent or Threatening Convictions Can Presumptively Justify Disarmament at the Indictment Stage Commentary on United States v. James Bost United States Court of Appeals for the Third Circuit, en...

Florida’s Feature-Based Social-Media Account Limits Likely Survive First Amendment Intermediate Scrutiny

Date: Oct 16, 2026

Florida’s Feature-Based Social-Media Account Limits Likely Survive First Amendment Intermediate Scrutiny Case: Computer & Communications Industry Association v. Attorney General, State of Florida...

Section 1981: A Supported Dishonesty Finding Can Defeat Discrimination and Retaliation Claims Despite Close Timing

Date: Oct 16, 2026

Section 1981: A Supported Dishonesty Finding Can Defeat Discrimination and Retaliation Claims Despite Close Timing Case: Ebony Kelley v. Allegiant Air, LLC. Court: United States Court of Appeals for...

A Three-Step Batson Remand May Permit Previously Withheld Strike Explanations

Date: Oct 16, 2026

A Three-Step Batson Remand May Permit Previously Withheld Strike Explanations Court: United States Court of Appeals for the Seventh Circuit Decided: October 14, 2026 Disposition: Affirmed; Judge...

Florida Attempted Manslaughter Is Not a Crime of Violence Under the Guidelines Applicable at Johnson’s 2021 Sentencing

Date: Oct 16, 2026

Florida Attempted Manslaughter Is Not a Crime of Violence Under the Guidelines Applicable at Johnson’s 2021 Sentencing Case: United States v. Friell Johnson Court: United States Court of Appeals for...

Facial Challenges to Social-Media Age Restrictions Require Full-Scope Analysis Under Moody

Date: Oct 16, 2026

Facial Challenges to Social-Media Age Restrictions Require Full-Scope Analysis Under Moody Case: NetChoice v. Attorney General, State of Georgia Court: United States Court of Appeals for the Eleventh...

Appellate Review Requires a Discernible Ruling on Contested Treating-Physician Testimony

Date: Oct 16, 2026

Appellate Review Requires a Discernible Ruling on Contested Treating-Physician Testimony Case: Melanie Thrash v. KLLM Transport Services LLC Court: United States Court of Appeals for the Eleventh...

Federal-Officer Removal: Mandatory Jurisdictional Review and the Limits of Ordinary Government Contracts

Date: Oct 16, 2026

Federal-Officer Removal: Mandatory Jurisdictional Review and the Limits of Ordinary Government Contracts Court: United States Court of Appeals for the Eleventh Circuit Case: Florida Department of...

First Step Act Credits: Attempted Child Sex Trafficking Exclusion Survives Due-Process and Equal-Protection Challenges

Date: Oct 16, 2026

First Step Act Credits: Attempted Child Sex Trafficking Exclusion Survives Due-Process and Equal-Protection Challenges Case: Carlos Figueroa-Gibson v. Warden Court: United States Court of Appeals for...

Eighth Amendment Prison Claims Require Specific Deprivations, Causal Connections, and Knowledge of Serious Risk

Date: Oct 16, 2026

Eighth Amendment Prison Claims Require Specific Deprivations, Causal Connections, and Knowledge of Serious Risk Case: Christopher DeWayne Bonner v. Timothy Ward, No. 24-13016 Court: United States...

Family-Based Asylum Nexus on Reopening Requires Consideration of New Evidence in the Context of the Entire Record

Date: Oct 16, 2026

Family-Based Asylum Nexus on Reopening Requires Consideration of New Evidence in the Context of the Entire Record Jenyfer Fajardo-Rivas v. Todd Blanche United States Court of Appeals for the Fourth...

Prison-Official Assaults: Substantial Injury Risk, Not Actual Injury, Governs the Official-Victim Enhancement

Date: Oct 16, 2026

Prison-Official Assaults: Substantial Injury Risk, Not Actual Injury, Governs the Official-Victim Enhancement Case: United States v. Nazeer Vick Court: United States Court of Appeals for the Fourth...

Ineffective-Assistance Appeals: Speculation About Undisclosed Evidence Does Not Justify a Certificate of Appealability

Date: Oct 16, 2026

Ineffective-Assistance Appeals: Speculation About Undisclosed Evidence Does Not Justify a Certificate of Appealability Case: Gonzales v. United States, No. 26-2078 Court: United States Court of...

Pro Se Appeals Require Record Support: Appellate Deference and the Limits of Relief After a Bench Trial

Date: Oct 16, 2026

Pro Se Appeals Require Record Support: Appellate Deference and the Limits of Relief After a Bench Trial Case: Johnson v. Tramm, No. 25-8028 Court: United States Court of Appeals for the Tenth Circuit...

Lewis v. United States: Colorado’s Undiscoverable-Injury Exception Does Not Require Discovery After Three Years

Date: Oct 16, 2026

Colorado’s Undiscoverable-Injury Exception Does Not Require Discovery After Three Years Case: Lewis v. United States, No. 25-1036 Court: United States Court of Appeals for the Tenth Circuit Decision...

SEC Preliminary Injunctions Require the Winter Test and Heightened Scrutiny for Status-Quo-Altering Relief

Date: Oct 16, 2026

SEC Preliminary Injunctions Require the Winter Test and Heightened Scrutiny for Status-Quo-Altering Relief Case: USSEC v. Reven Holdings Court: United States Court of Appeals for the Tenth Circuit...