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Beck on Moody v. NetChoice & NetChoice v. Paxton decisions
No full textMarshall Chair of Constitutional Law Randy Beck has offered insight on the U.S. Supreme Court decisions regarding Moody v. NetChoice & NetChoice v. Paxton:
“The Court remanded both cases for further proceedings, concluding that the lower courts had not conducted a sufficiently thorough analysis of the reach of the Texas and Florida laws to determine whether they were facially invalid under the First Amendment.
A majority of the Court concluded that Texas\u27 law violates the First Amendment to the extent it interferes with a social media company\u27s content moderation decisions concerning what content will appear in places like Facebook\u27s news feed or YouTube\u27s home page.
Where a social media company curates content produced by other people, its content moderation decisions are expressive activities protected by the First Amendment, even if it is relatively permissive in the standards it applies. Such content moderation decisions are analogous to editorial decisions made by journalists or decisions about what messages to include or exclude in a privately-organized parade. The First Amendment does not allow the government to regulate such private expressive decisions to achieve what the government sees as a better or more inclusive mix of views.”
Beck is available for further commentary at [email protected]
Appellate Litigation Clinic wins case before the Fourth Circuit
No full textThe Appellate Litigation Clinic has won its case before the U.S. Court of Appeals for the Fourth Circuit. Third-year students Madeleine B. Maddie Hoss and Benjamin K. Ben Price presented oral argument during January in Donald Stout v. Preston County Sheriff\u27s Department, a case involving their client\u27s excessive force claim against a deputy who ordered a K-9 to “apprehend” him during his arrest. Both Hoss and Price helped to write the briefs. Third-year student Leila Y. Harrison helped the pair prepare for the argument
Dean Rusk International Law Center receives grant from The Halle Foundation
No full textThe Dean Rusk International Law Center has received a grant from The Halle Foundation to support six law students in semester-long externships in Germany over the next three years.
“Germany is a country where students are showing increasing interest,” according to Dean Rusk International Law Center Director Sarah Quinn. “Since 2022, three UGA Law students have participated in for-credit, semester-long externships with German law firms. This new partnership with The Halle Foundation will enable more students to immerse themselves in the heart of Europe and grow their international and legal skill sets,” she said.
Based in Atlanta, The Halle Foundation seeks to promote understanding, knowledge and friendship between the people of Germany and the United States
Can State Legislatures Strip Federal Courts of Jurisdiction to Review State Laws?
Get PDFFor more than a century, federal courts have relied on the Ex parte Young doctrine to provide authority to protect individual constitutional rights against state infringement. Ex parte Young provides the primary mechanism for federal judicial review of allegedly unconstitutional state laws, permitting persons whose federal rights are affected by state law to seek an injunction in federal court against the state officials charged with enforcing the law. By some accounts, the Ex parte Young doctrine is an exception to sovereign immunity; by others, it is merely an example of the “traditional tool of equity” known as the anti-suit injunction. Regardless of how the doctrine is conceptualized, for more than a century it “has been accepted as necessary to permit the federal courts to vindicate federal rights and hold state officials responsible to ‘the supreme authority of the United States.’” Indeed, this doctrine is the principal mechanism for enforcing the Supremacy Clause—ensuring that federal constitutional rules are supreme over conflicting state law rules.
However, a recent innovation—enacted thus far by at least five states, including Texas and California—threatens to eliminate federal judicial review of arguably unconstitutional state laws. In a nutshell, these states have attempted to circumvent Ex parte Young by privatizing enforcement of state laws that raise significant federal constitutional questions—in other words, by prohibiting state officials from enforcing such laws and turning over the state’s enforcement power to private citizens. By empowering everyone but state officials to enforce state law, this statutory structure is designed to prevent federal judicial review under Ex parte Young. If successful, this gambit threatens the entire regime of federal judicial review of the constitutionality of state laws—and with it, the fundamental principle that federal law is supreme over state law
Rutledge and Gowen publish article in The Atlanta Journal-Constitution
No full textDean Peter B. Bo Rutledge and third-year student Anna E. Gowen published Law school has become unaffordable. At UGA, we are trying to change that in The Atlanta Journal-Constitution on 8/16/24
Peters featured in Slate
No full textAssociate Professor Jonathan Peters was featured in Slate regarding phone call recording laws. The article titled Your iPhone Can Now Record Phone Calls. But There\u27s a Big Catch. was written by Scott Nover and published 10/31/24
Norins featured in The Current
No full textClinical Associate Professor & First Amendment Clinic Director Clare R. Norins was featured in The Current regarding public records requests. The article titled Midway passes $3.1 million budget without public seeing it first was written by Robin Kemp and published 12/17/24
Carlson\u27s book cited in Georgia Supreme Court case
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 Garrison v. State regarding expert witness standards. This citation brings the total to 76 times that this text has been used by Georgia appellate courts to resolve evidentiary issues
Foohey featured on ProPublica
No full textProfessor Pamela Foohey was featured on ProPublica regarding car loan deferments. The article titled What No One Tells You About Car Loan Deferments was written by Ryan Gabrielson, Byard Duncan and Lucas Waldron and was published 9/12/24
Harpaz selected as laureate at JIEL Junior Faculty Forum
No full textAssistant Professor Assaf Harpaz was selected as a laureate at the Journal of International Economic Law Junior Faculty Forum, where he presented “Global Tax Wars and the Shift to Source-Based Taxation” during September