Constitutional Law

Harvard Professor Opines on Scalia’s “Gollywaddles”

Last month, Jay Wexler spoke to noted language expert Steven Pinker and asked him where Justice Scalia might have come up with the term "gollywaddles," which Scalia used during oral argument this term in FCC v. Fox Television Stations.  Wexler…


UPDATE: Settlement Reached in N.C. Dirty-Dancing Case

The long legal battle between the town of Marshall, North Carolina, and the woman it banned from its dance hall for overly provocative dancing, has finally ended.  The town agreed to pay Rebecca Willis $275,000 to settle the case. This brings…


Supreme Court Debates ‘F-Bomb’

Though no one ever actually dropped it, the "F-Bomb" was the main topic of conversation during Supreme Court arguments Tuesday in FCC v. Fox Television Stations. The case is on appeal from a Second Circuit decision that the FCC acted…


Florida Low-Pants Crackdown Implicates Few

Police reports posted today show that attempts to enforce a Florida ordinance against saggy pants have been less fruitful than sponsors may have hoped.  In the nine weeks since enforcement of the Riviera Beach ordinance started, police have arrested and/or cited only…



ACLU Successfully Defends Woman’s Right to Swear

Sources are reporting that Dawn Herb, who as you may recall was cited for disorderly conduct in 2007 after a neighbor heard her swearing at her toilet, has settled her lawsuit against the city of Scranton, Pennsylvania.  Ms. Herb, who…


McCain Ruled (Probably) Natural-Born U.S. Citizen

Another issue I was writing about last month was the continuing uncertainty over what it takes to be a "natural-born citizen," which is a constitutional limitation on who can serve as President.  Both campaigns have now survived at least one…


Americans Still Struggling With Pants

I'm back from Greece, without much to report in terms of legal developments there, at least during the last 2500 years or so.  Not that they didn't come up with some interesting stuff, like ostracizing unpopular politicians for ten years…



TRO Denied; Obama Can Still Run — For Now

The Obama campaign is probably breathing a sigh of relief now that the motion for temporary restraining order sought by Philip J. Berg, Esquire, has been denied.  Berg, who says he is a Democrat (and presumably a Clinton supporter), filed…