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West presents at Princeton University
No full textBrumby Distinguished Professor in First Amendment Law Sonja R. West presented Protecting the First Amendment in an Anti-Press Age as part of the Princeton University Program in Law and Public Policy\u27s Spring Seminar Series during January
Peters co-chairs Georgia Bar, Media & Judiciary Conference
No full textAssociate Professor Jonathan Peters co-chaired Georgia’s 33rd Georgia Bar, Media & Judiciary Conference (with C. Norins) and facilitated a panel on the Georgia Open Records Act during February
Rodrigues featured on Bloomberg Law
No full textUniversity Professor & Kilpatrick Chair of Corporate Finance and Securities Law Usha Rodrigues was featured on Bloomberg Law regarding Digital World Acquisition Corporation/ARC Global Investments litigation. The article titled Trump Media SPAC Avoids Legal Roadblock on Way to Merger Vote was written by Bailey Lipschultz and published 3/7/24
Norins: Many social-media-blocking cases will now turn on whether public official possessed authority to speak on the state’s behalf
No full textIn a new test announced by the U.S. Supreme Court, public officials who censor their critics on social media only violate the First Amendment if the public official: (1) possessed actual authority to speak on the state’s behalf on a particular matter, and (2) purported to exercise that authority when speaking in the relevant social media posts. “Much of the litigation will now focus on the first part of the test,” according to Clinical Assistant Professor & First Amendment Clinic Director Clare R. Norins. “There will likely not be a clear-cut answer in many cases given that an official’s authority to speak on behalf of the state can be established not only by a ‘statute, ordinance, [or] regulation’ but also by ‘custom or usage.’ It will be left to the trial courts to decide how ‘custom or usage’ will be interpreted and applied in this context.”
University of Georgia School of Law Clinical Assistant Professor & First Amendment Clinic Director Clare R. Norins, who has approximately 20 years of civil rights experience in private practice, government enforcement and higher education, is available for further commentary at [email protected].
Additional information regarding the U.S. Supreme Court Lindke v. Freed opinion by Norins:
On March 15, 2024, the U.S. Supreme Court unanimously held in Lindke v. Freed that public officials who use their personal social media accounts to speak for the government violate the First Amendment if they block someone or delete their comment for responding critically to that speech. The decision, written by Justice Amy Coney Barrett, resolved a circuit split over what test should be used to determine if the public official is posting on the account in their official capacity (in which case the First Amendment applies) or in their private capacity (in which case the First Amendment does not apply). The new test announced by the court requires the person asserting a First Amendment violation to show that the public official who censored them from commenting: (1) possessed actual authority to speak on the state’s behalf on a particular matter, and (2) purported to exercise that authority when speaking in the relevant social media posts. The court announced that the application of this test will be fact-intensive and that public officials expose themselves to greater potential for violating the First Amendment if they use their own social media account for both official and personal posts. Much of the litigation in these social-media-blocking cases will now focus on the first part of the new test – whether the public official had authority to speak on the state’s behalf. There will likely not be a clear-cut answer in many cases given that an official’s authority to speak can be established not only by a “statute, ordinance, [or] regulation” but also by “custom or usage.” It will be left to the trial courts to decide how “custom or usage” will be interpreted and applied in this context
Rodrigues featured in The New York Times
No full textUniversity Professor & Kilpatrick Chair of Corporate Finance and Securities Law Usha Rodrigues was featured in The New York Times regarding Trump Media & Technology Group\u27s public company status. The article titled Trump\u27s Media Company Worth Nearly $8 Billion on First Trading Day was written by Matthew Goldstein and Joe Rennison and was published 3/26/24
Hetherington featured on WSAV TV
No full textClinical Associate Professor & Wilbanks Child Endangerment and Sexual Exploitation Clinic Director Emma M. Hetherington was featured on WSAV TV regarding a recently released report on Georgia\u27s foster care system. The segment titled Sen. Ossoff\u27s report on failures of Georgia\u27s foster care system outlines prolific child abuse was reported by Christine Queally and published 4/9/24
Carlson\u27s book cited in two Georgia Supreme Court cases
No full textCallaway Chair of Law Emeritus Ronald L. Carlson\u27s book Carlson on Evidence (with M. Carlson) was recently cited by the Georgia Supreme Court in two cases: Sauder v. State to decide whether a statement by a murder case defendant was admissible in his trial and Pittman v. State to define standards for relevant evidence in a malice murder prosecution. These citations bring the total to 74 times that this text has been used by Georgia appellate courts to resolve evidentiary issues
Hellerstein\u27s treatise quoted by Oregon Tax Court
No full textDistinguished Research Professor & Shackelford Distinguished Professor in Taxation Law Emeritus Walter Hellerstein\u27s treatise State Taxation was quoted by the Oregon Tax Court in ABC, Inc. and Combined Affiliates v. Department of Revenue (May 14, 2024)
Barnett named dean of OSU Moritz College of Law
No full textAssociate Dean for Academic Affairs & Hosch Professor Kent Barnett has been named dean of The Ohio State University Moritz College of Law, starting August 15. The OSU media release was published 6/4/24
E. Burch featured on Raw Story
No full textCallaway Chair Elizabeth Chamblee Burch was featured in Raw Story regarding the U.S. Supreme Court\u27s Harrington v. Purdue Pharma decision. The article titled Legal analysts shocked to see MAGA Supreme Court justices agree with Biden on opioids was written by Sarah K. Burris and published 6/27/24