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Saturday, August 29, 2015

https://thusbloggedanderson.wordpress.com/2015/08/21/miss-statute-requiring-id-of-political-flyers-distributor-is-challenged-as-unconstitutional/

I had missed this earlier article by Thusbloggedanderson, who is both a southern lawyer and  neithe scholar. He is really on top of the case with a good understanding of both Talley (which the plaintiff seem to have missed) and McIntyre.
He (she?) brings to my attention Justice for All v Faulkner. Must figure out a way to get an As I Lay Dying reference into a brief.

http://caselaw.findlaw.com/us-5th-circuit/1343786.html
Reading this now, will update. I am behind on my updates to the Missisippi case. I've been in PA WV OH IN IL MO IA NB and KS this week, earning a living, since blogging doesn't pay the rent.
I'd been hoping to stop into the law libraries at UMKC and or Mizzou, my alma maters, but events did not permit. The WVa law library didn't have an annotated Missouri Statutes; like a lot of libraries they are going paperless. So I will plan to get to the Indiana Supreme Court library this week. The Missouri case, Doe v Weedman, is dismissed without explanation by the parties, but I remain interested in the legal issues it presented but did not resolve.

The Faulkner case, from 2005 and the 5th Circuit, is fun, gives a win to the plaintiffs, and contains great quotes. It strongly supports the Mississippi plaintiffs position. I should doublecheck that Mississippi is in the 5th circuit. Yes. So the 11th circuit Worely case has no bearing on the MS case.
But what of KVUE v Moore? I think that was pre-McIntyre, and certainly was pre ACLF. But I should brush up on it. Right, it' 5th circuit 1983, so I'm going to say it's overruled by McIntyre.
http://openjurist.org/709/f2d/922

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