Is “perceived speech” protected by the First Amendment? That straightforward question goes in a very complicated direction when a truck driver is fired from his government job. Christie Hebert of IJ joins us to explain this highly confusing tale from the Tenth Circuit. Then it’s pass-the-popcorn time with some Fifth Circuit drama, served up by IJ’s Rob Johnson. We heard in a recent episode about the objection to a transfer of venue in a challenge to a new rule about credit cards. Well, that same matter is already back at the Fifth Circuit concerning another attempt to transfer venue, replete with more intra-circuit squabbling. We also discuss forum shopping when it comes to nationwide injunctions.
Recent Episodes
Short Circuit 362 | Boil the Frog to Tear Down the House

Two cases, from the Fourth and Sixth Circuits, came out within just a few days of each other, and each was about a city tearing […]
Listen NowShort Circuit 361 | Reading the Qualified Tea Leaves

We welcome back Easha Anand of Stanford Law’s Supreme Court Litigation Clinic for her third (or is it fourth?) appearance. Last time she was on […]
Listen NowShort Circuit 360 | Weed and Fines

If you have a greenhouse, and a government agent sees it on Google Maps, is that fact probable cause to charge you with growing illegal […]
Listen NowShort Circuit 359 | Net Neutrality Flip Flops

A lot going on this week, including a lot of Short Circuit news. On the law side we talk about two recent opinions, one from […]
Listen Now