Tag Archives: Sonia Sotomayor

Sotomayor is confirmed: What does it mean for the First Amendment?

Judge Sonia Sotomayor was confirmed by the Senate today as the newest member of the Supreme Court, replacing  Justice David H.  Souter who retired in June.  She becomes the 111th member of the U.S. Supreme Court, as well as the … Continue reading

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Sonia Sotomayor: Judicial Minimalism and the Court of Last Resort

Last week, we analyzed cases from the Second Circuit, in which Sonia Sotomayor had some part in deciding, addressing the right to free expression. Still the Supreme Court’s role, and Sotomayor’s judicial style make it difficult to make a broad … Continue reading

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Sotomayor carefully defended speech in Pappas v. Giuliani

Our analysis of Sotomayor’s free speech record wouldn’t be complete without a mention of her dissent in Pappas v. Giuliani.  The case reached the Second Circuit Court of Appeals in 2002 and concerned the firing of Thomas Pappas from the … Continue reading

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What about Souter? A closer look at the Supreme Court’s outgoing Associate Justice

With all the focus on and furor over the nomination of Judge Sonia Sotomayor, it is easy to lose sight of the Justice she is replacing—indeed, he likes it that way. But any discussion of how Sotomayor will influence the … Continue reading

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The Good News: Sotomayor’s decision in U.S. v. Quattrone, gagging gag orders

Evaluating where Sonia Sotomayor stands relative to the principles espoused by the First Amendment is frustrating task for two reasons.  First, Sotomayor has not authored that many opinions on free expression issues.  More importantly, those opinions she has drafted have … Continue reading

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Student speech under fire under Sotomayor?

Let’s take a look at the implications of Sotomayor’s ruling in the 2008 Doninger v. Niehoff.   This ruling relies on the 2007 Supreme Court decision in Morse v. Frederick, better known as the “Bong Hits for Jesus” case.  Joseph Frederick … Continue reading

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On Sotomayor and censorship: First the bad news…

Judge Sonia Sotomayor’s record of First Amendment cases has been under scrutiny since President Obama nominated her to the Supreme Court last week.  Let’s start with the bad news: In Doninger v. Niehoff (2008)*, Sotomayor was part of a panel … Continue reading

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