Friday, November 03, 2023

Assignments for Week of November 6-8

1. Dred Scott and Substantive Due Process; casebook p.  1133-1146

2. Casebook p. 1146-1158

3. 1159-1173

We will conclude our study of the state action doctrine with this important case currently before the courts involving government efforts to censor private expression on social media:


The U.S. Court of Appeals for the Fifth Circuit’s decision in Missouri v. Biden. Please follow the link to the 5th Circuit's opinion. We will not get to this case until the week of November 13. When you get to it, focus your attention of the "state action" section of the opinion. Don't worry about the standing discussions. They are good, but we have moved on from standing. The Supreme Court has granted review, so we will soon get a definitive ruling. And here is an article by Amy Howe of SCOTUSblog on this case.

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