Ever seen a hamburger UFO? A town in Kansas tried to make sure its residents couldn’t. At least regarding a mural at a hamburger joint. The restaurant tried to paint a picture of hamburger flying saucers on the side of its building but local officials told it to stop because the picture wasn’t a legal “sign.” The restaurant argued this was a First Amendment violation. And the Tenth Circuit agreed. IJ’s John Wrench flies us around this free speech case and also gives some examples of excellent deposition questions. Then Eliana Fleischer of IJ gets into a hugely topical case on the Fourth Amendment and cell phone locations, from the Fourth Circuit. Some Baltimore police used a cell-site simulator—called “Hailstorm”—to figure out where a suspect’s cell phone was. Trouble is they didn’t get a warrant and the technology also tells the police where a bunch of other people’s cell phones are and can disrupt their calls. Was this constitutional? No. Was it clearly established? No also. So qualified immunity applies. There’s also a wild sidenote about a nondisclosure agreement and the FBI. Plus, Eliana tells us a bit about one of the best kept secrets in the federal courts of appeals: the Seventh Circuit’s staff attorneys office.

Cozy Inn v. Salina

Andrews v. Baltimore

IJ’s donut mural case