Short Circuit 194 | Arboreal Takings and the Sidewalks of New York
Podcast (short-circuit): Play in new window | Download
How can the government encourage us to keep our trees? In all kinds of ways, but not through mandating the replanting of trees regardless of the landowner’s mitigation efforts. At least that’s what Wesley Hottot reports the Sixth Circuit said last week. There’s also a little excessive fines talk, which is worth your time as Wesley is kind of “the excessive fines guy.” He’s also a birdwatcher, which comes in handy in this tree case. Meanwhile, there’s some trouble on the sidewalks of New York, especially as it relates to a federal statute protecting “places of worship.” Dan Rankin of IJ tells us the Second Circuit thinks that might be many locations, but not a sidewalk. There’s also some Commerce Clause talk and what’s a “substantial effect” on commerce these days.
F.P. Development, LLC v. Charter Township of Canton, https://www.opn.ca6.uscourts.gov/opinions.pdf/21a0240p-06.pdf
Jingrong v. Chinese Anti-Cult World Alliance, Inc., https://www.ca2.uscourts.gov/decisions/isysquery/e636d947-d9e2-44a4-9967-bbad7fe70ba6/1/doc/18-2626_complete_opn.pdf
The Sidewalks of New York, https://www.youtube.com/watch?v=wsx_uxISjM0
Kirtland’s Warbler, https://www.allaboutbirds.org/guide/Kirtlands_Warbler/id
Hermit Thrush, https://www.allaboutbirds.org/guide/Hermit_Thrush/id
Wesley Hottot, https://ij.org/staff/whottot/
Daniel Rankin, https://ij.org/staff/daniel-rankin/
Anthony Sanders, https://ij.org/staff/asanders/
iTunes: https://podcasts.apple.com/us/podcast/short-circuit/id309062019
Spotify: https://podcasters.spotify.com/podcast/1DFCqDbZTI7kIws11kEhed/overview
Stitcher: https://www.stitcher.com/podcast/institute-for-justice/short-circuit
Google: https://play.google.com/music/listen?u=0#/ps/Iz26kyzdcpodkfm5cpz7rlvf76a
Newsletter: ij.org/about-us/shortcircuit/
Want to email us? [email protected]
Recent Episodes
Short Circuit 444 | Recording the Police with Facebook Immunity
Another circuit recognizes a there’s a First Amendment right to record the police. In this case, a “First Amendment auditor” stood on a public sidewalk […]
Listen NowShort Circuit 443 | Irreparable Speech Harms
In our #12Months12Circuits series a nation turns its lonely eyes to the heartland. The true middle of America. The Eighth Circuit. We’re joined by true […]
Listen NowShort Circuit 442 | Free Speech Died Here, Ask Me How
Tragedy and comedy, from the Fifth Circuit and then from the Tenth. First, Patrick Jaicomo of IJ describes how the police in Laredo, Texas mistakenly […]
Listen NowShort Circuit 441 | Rights for Listeners
We often hear of the right to speak. But what about the right to listen? The Ninth Circuit just reaffirmed that listeners have First Amendment […]
Listen Now