Short Circuit: An inexhaustive weekly compendium of rulings from the federal courts of appeal
Please enjoy the latest edition of Short Circuit, a weekly feature written by a bunch of people at the Institute for Justice.
Two weeks ago, we told you about Greers Ferry, Ark. officials putting a Flock surveillance camera directly in front of the home of retired couple Charlie and Angie Wolf. The Wolfs asked the city to take it down and were rudely rebuffed, but after IJ sent the city a letter explaining that the camera was a bit of a problem Constitution-wise, the city did the right thing and removed it. “We’re thrilled that the Wolfs will no longer be subjected to constant warrantless surveillance of their property,” said IJ Senior Attorney Josh Windham. “That said, there are still massive Fourth Amendment concerns with the use of these license plate reader cameras, and we urge the city not to renew its contract with Flock Safety when the initial term is up.” Click here to learn more.
On the latest Unpublished Opinions podcast, the team run through a lot of legal news, including the fact that AI keeps apologizing to IJ’s Josh Windham.
- Social worker at public school in Maine gives 13-year-old “a device used to flatten a female’s chest so as to appear male.” The teen also starts going by another name and using different pronouns at school—neither of which are disclosed. When mom finds out, she sues the school district for violating her right to direct the upbringing of her child. First Circuit: And we’re not going to address that because none of this was a school policy, just employees doing stuff.
- In 1995, a 12-year-old reports that his mother’s husband, a Boston cop, had been sexually abusing him for years. The cop is arrested, and both the police dept. and state child welfare officials investigate—each determining the evidence supports the allegations. And then … the charges are dropped, he’s reinstated, and he continues to serve until his retirement in 2018 (including a stint as head of the police union). In 2022, he pleads guilty to sexually abusing six children. Did the City, its police officers and their union, and the state employees exacerbate the danger to the victims in violation of the Fourteenth Amendment right to bodily integrity? First Circuit: Indeed, they might have.
- UMass resident assistant has a handful of maladroit-but-not-particularly-sexual conversations with fellow RAs and sometimes extends his arms to invite a hug from one RA in particular. Following complaints, the University investigates, finds that he committed sexual misconduct, bars him from living on campus, and places him on “elevated probation” through his graduation. He sues, alleging a violation of his First Amendment rights. First Circuit: Even if his awkward conversations and invitations to hug were unwelcome, there’s no evidence they actually disrupted the work or educational environment.
- Remember NFTs? They were like Pogs, but you could only look at them. Well, there’s an online marketplace for them called OpenSea, and it would highlight specific NFTs, which typically caused their price to increase. One employee is responsible for choosing which NFTs to highlight, and he has the clever idea to highlight NFTs that he has already purchased anonymously. He sells them and ends up making $57k. He’s found out, fired, and convicted of wire fraud. Second Circuit: Reversed! Because OpenSea doesn’t buy or sell NFTs—it earns a commission on their sale—his insider trading didn’t deprive OpenSea of any property.
- Following an egregiously violent attack on a prison official, New York inmate is sentenced to 14 years of solitary. After his term is up, he is kept in solitary on the grounds that he’s a danger to the general prison population. He is held there for years, despite apparently good behavior. He challenges his continued detention in solitary as a violation of due process. Second Circuit: And the case should move forward; the cut-and-paste reviews of his continued detention were not meaningful process in light of his good behavior. Dissent: His behavior was probably good because you can’t get in very much trouble when you’re in solitary.
- New York town clerk alleges she was great at her job but was fired in retaliation for declining to talk to a judge about an ethics complaint against the judge. (Said judge later permanently resigned to avoid discipline over allegations she was fixing traffic tickets for relatives.) District court: No First Amendment protection for clerk’s (non)speech because it was part of her job. Second Circuit: At least as alleged, talking about ethics complaints handled by a different agency is not part of her job. C
Article from Reason.com
The Reason Magazine website is a go-to destination for libertarians seeking cogent analysis, investigative reporting, and thought-provoking commentary. Championing the principles of individual freedom, limited government, and free markets, the site offers a diverse range of articles, videos, and podcasts that challenge conventional wisdom and advocate for libertarian solutions. Whether you’re interested in politics, culture, or technology, Reason provides a unique lens that prioritizes liberty and rational discourse. It’s an essential resource for those who value critical thinking and nuanced debate in the pursuit of a freer society.
