Doninger v. Niehoff

Sonia Sotomayor: Judicial Minimalism and the Court of Last Resort

By |2019-03-07T22:42:31-04:00June 12th, 2009|Blog|

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 statement about how she will decide on free expression issues  in the years to come. […]

On Sotomayor and censorship: First the bad news…

By |2019-03-13T15:07:14-04:00June 1st, 2009|Blog|

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 of judges who decided that a high school student’s blog posts, made from a home computer, were not protected speech.  [...]