Short Circuit: A roundup of recent federal court decisions; Password-sharing case divides Ninth Circuit in Nosal II; Fact-checking PolitiFact’s fact-check of Trump’s ‘crime is rising’ claim; Man arrested for Facebook picture that shows him burning an American flag; How political ignorance bolsters racial, ethnic, and xenophobic prejudice; Private email accounts are not exempt from FOIA; Comey’s unusual public recommendation in the Clinton email investigation; Upcoming speaking engagements on “Democracy and Political Ignorance”;
 
The Volokh Conspiracy
 
 
Short Circuit: A roundup of recent federal court decisions
Entrapment, dusky gopher frogs, and go-go funk.
Password-sharing case divides Ninth Circuit in Nosal II
If a company says you can't access its computer but an employee with access rights says you can, are you accessing the computer "without authorization" if you rely on the employee's permission? The Ninth Circuit holds 2-1 that you are. The case now sets the stage for an important related ruling in Facebook v. Power Ventures.
Fact-checking PolitiFact’s fact-check of Trump’s ‘crime is rising’ claim
PolitiFact says Trump's pants are on fire. But the actual facts seem to be that violent crime did increase in 2015 and likely in the first quarter of 2016 (though the broader 1990 to 2014 trend has been a sharp decrease in crime).
 
Man arrested for Facebook picture that shows him burning an American flag
Fortunately, the prosecutor has refused to prosecute, since the Illinois flag desecration statute clearly violates the First Amendment, and any "disorderly conduct" prosecution would likewise be unconstitutional.
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How political ignorance bolsters racial, ethnic, and xenophobic prejudice
My History News Network column on this underemphasized consequence of political ignorance.
 
Private email accounts are not exempt from FOIA
A timely federal court decision limits the ability of government officials to shield documents from the Freedom of Information Act through the use of private email accounts.
Comey’s unusual public recommendation in the Clinton email investigation
Unusual, but sensible.
 
Upcoming speaking engagements on “Democracy and Political Ignorance”
Upcoming speaking engagements about my just-published book.
 
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