Time for The Big One. So many have so many takes on the Ninth Circuit that, as part of our #12Months12Circuits series, we at IJ had to add our own. It’s the mega-circuit that encompasses all of the West Coast, much of the Mountain West, Alaska, Hawaii, and even Guam and the Northern Mariana Islands. IJ’s Paul Avelar, who lives in the circuit, and Ben Field, who clerked there, share some details and war stories about the circuit that’s just too darn big. After that they analyze a couple recent, very-Ninth-Circuit-y cases. Paul shares a sovereign immunity matter where a host of plaintiffs who like their gas stoves sued a group of Washington State officials. Unfortunately, the court said they sued the wrong folks. There’s much talk about picking the right defendants and how you sue the government and how you can’t. Then Ben brings us to California where the state requires gun shops—including a gun shop inside someone’s home—to record video and audio 24/7 and must turn it over to the government if asked. The majority of the panel thought this was all just fine from both a First Amendment and Fourth Amendment perspective. Ben and the dissent disagree.
<a href="https://cdn.ca9.uscourts.gov/datastore/opinions/2026/09/09/25-2134.pdf">Rivera v. Sami</a>
<a href="https://cdn.ca9.uscourts.gov/datastore/opinions/2026/08/27/25-693.pdf">Richards v. Newsom</a>
<a href="https://www.fjc.gov/history/courts/us-court-china-1906-1943">The U.S. Court for China</a>

Time for The Big One. So many have so many takes on the Ninth Circuit that, as part of our #12Months12Circuits series, we at IJ had to add our own. It’s the mega-circuit that encompasses all of the West Coast, much of the Mountain West, Alaska, Hawaii, and even Guam and the Northern Mariana Islands. IJ’s Paul Avelar, who lives in the circuit, and Ben Field, who clerked there, share some details and war stories about the circuit that’s just too darn big. After that they analyze a couple recent, very-Ninth-Circuit-y cases. Paul shares a sovereign immunity matter where a host of plaintiffs who like their gas stoves sued a group of Washington State officials. Unfortunately, the court said they sued the wrong folks. There’s much talk about picking the right defendants and how you sue the government and how you can’t. Then Ben brings us to California where the state requires gun shops—including a gun shop inside someone’s home—to record video and audio 24/7 and must turn it over to the government if asked. The majority of the panel thought this was all just fine from both a First Amendment and Fourth Amendment perspective. Ben and the dissent disagree. Rivera v. Sami Richards v. Newsom The U.S. Court for China

Time for The Big One. So many have so many takes on the Ninth Circuit that, as part of our #12Months12Circuits series, we at IJ had to add our own. It’s the mega-circuit that encompasses all of the West Coast, much of the Mountain West, Alaska, Hawaii, and even Guam and the Northern Mariana Islands. IJ’s Paul Avelar, who lives in the circuit, and Ben Field, who clerked there, share some details and war stories about the circuit that’s just too darn big. After that they analyze a couple recent, very-Ninth-Circuit-y cases. Paul shares a sovereign immunity matter where a host of plaintiffs who like their gas stoves sued a group of Washington State officials. Unfortunately, the court said they sued the wrong folks. There’s much talk about picking the right defendants and how you sue the government and how you can’t. Then Ben brings us to California where the state requires gun shops—including a gun shop inside someone’s home—to record video and audio 24/7 and must turn it over to the government if asked. The majority of the panel thought this was all just fine from both a First Amendment and Fourth Amendment perspective. Ben and the dissent disagree.
<a href="https://cdn.ca9.uscourts.gov/datastore/opinions/2026/09/09/25-2134.pdf" rel="noopener noreferrer">Rivera v. Sami</a>
<a href="https://cdn.ca9.uscourts.gov/datastore/opinions/2026/08/27/25-693.pdf" rel="noopener noreferrer">Richards v. Newsom</a>
<a href="https://www.fjc.gov/history/courts/us-court-china-1906-1943" rel="noopener noreferrer">The U.S. Court for China</a>

Short Circuit 445 | Crazytown

Another circuit recognizes a there’s a First Amendment right to record the police. In this case, a “First Amendment auditor” stood on a public sidewalk and recorded the outside of a police station for six-and-a-half minutes. That’s protected, says the Second Circuit. So far, so good. But, explains IJ’s Jared McClain, the fact the right exists wasn’t exactly clear to the officers who asked the “auditor” for his ID. So it was OK for them to interrogated him and arrest him when he refused to produce the ID. There’s a Fourth Amendment ruling on that as well that also doesn’t seem to make sense. Then it’s Section 230 time! Bobbi Taylor of IJ reports on an appeal Facebook took from a preliminary loss on whether it had immunity from suit. (Note: Facebook settled this case after we recorded the episode. The rest of the case against other defendants seems to still be going forward.) The Ninth Circuit rejected the appeal, ruling that Facebook and other tech company defendants may have immunity from liability but not immunity from being sued. That doesn’t allow an appeal before a final judgment in the trial court. Is that right? Some commentators disagree, as Bobbi tells us. We contrast that ruling with the fact that government officers can appeal denials of qualified immunity, unlike Meta. Also, fun fact you’ll learn from the episode: Jared and Bobbi performed the exact act from the Second Circuit case,  recording the outside of a police building at dusk (for an IJ video). Luckily, no one asked for their IDs.
<a href="https://ij.org/event/short-circuit-live-100-years-of-zoning-and-reform-in-cambridge/">RSVP for Short Circuit Live in Cambridge, Mass. on October 19!</a>
<a href="https://ww3.ca2.uscourts.gov/decisions/OPN/25-1104_complete_opn.pdf">Massimino v. Benoit</a>
<a href="https://cdn.ca9.uscourts.gov/datastore/opinions/2026/08/10/24-7304.pdf">California v. Meta</a>
<a href="https://www.techdirt.com/2026/08/12/ninth-circuit-rewrites-section-230-to-remove-the-part-that-actually-mattered/">Techdirt piece on the Meta ruling</a>
<a href="https://ij.org/podcasts/short-circuit/short-circuit-167-section-230-and-a-drones-search/">Episode on Section 230 with Mike Masnick</a>
<a href="https://www.youtube.com/watch?v=yRF74lBfjr0&t=3s">IJ video including a Broward County Sherif building</a>

Another circuit recognizes a there’s a First Amendment right to record the police. In this case, a “First Amendment auditor” stood on a public sidewalk and recorded the outside of a police station for six-and-a-half minutes. That’s protected, says the Second Circuit. So far, so good. But, explains IJ’s Jared McClain, the fact the right exists wasn’t exactly clear to the officers who asked the “auditor” for his ID. So it was OK for them to interrogated him and arrest him when he refused to produce the ID. There’s a Fourth Amendment ruling on that as well that also doesn’t seem to make sense. Then it’s Section 230 time! Bobbi Taylor of IJ reports on an appeal Facebook took from a preliminary loss on whether it had immunity from suit. (Note: Facebook settled this case after we recorded the episode. The rest of the case against other defendants seems to still be going forward.) The Ninth Circuit rejected the appeal, ruling that Facebook and other tech company defendants may have immunity from liability but not immunity from being sued. That doesn’t allow an appeal before a final judgment in the trial court. Is that right? Some commentators disagree, as Bobbi tells us. We contrast that ruling with the fact that government officers can appeal denials of qualified immunity, unlike Meta. Also, fun fact you’ll learn from the episode: Jared and Bobbi performed the exact act from the Second Circuit case, recording the outside of a police building at dusk (for an IJ video). Luckily, no one asked for their IDs. RSVP for Short Circuit Live in Cambridge, Mass. on October 19! Massimino v. Benoit California v. Meta Techdirt piece on the Meta ruling Episode on Section 230 with Mike Masnick IJ video including a Broward County Sherif building

Another circuit recognizes a there’s a First Amendment right to record the police. In this case, a “First Amendment auditor” stood on a public sidewalk and recorded the outside of a police station for six-and-a-half minutes. That’s protected, says the Second Circuit. So far, so good. But, explains IJ’s Jared McClain, the fact the right exists wasn’t exactly clear to the officers who asked the “auditor” for his ID. So it was OK for them to interrogated him and arrest him when he refused to produce the ID. There’s a Fourth Amendment ruling on that as well that also doesn’t seem to make sense. Then it’s Section 230 time! Bobbi Taylor of IJ reports on an appeal Facebook took from a preliminary loss on whether it had immunity from suit. (Note: Facebook settled this case after we recorded the episode. The rest of the case against other defendants seems to still be going forward.) The Ninth Circuit rejected the appeal, ruling that Facebook and other tech company defendants may have immunity from liability but not immunity from being sued. That doesn’t allow an appeal before a final judgment in the trial court. Is that right? Some commentators disagree, as Bobbi tells us. We contrast that ruling with the fact that government officers can appeal denials of qualified immunity, unlike Meta. Also, fun fact you’ll learn from the episode: Jared and Bobbi performed the exact act from the Second Circuit case, &nbsp;recording the outside of a police building at dusk (for an IJ video). Luckily, no one asked for their IDs.
<a href="https://ij.org/event/short-circuit-live-100-years-of-zoning-and-reform-in-cambridge/" rel="noopener noreferrer">RSVP for Short Circuit Live in Cambridge, Mass. on October 19!</a>
<a href="https://ww3.ca2.uscourts.gov/decisions/OPN/25-1104_complete_opn.pdf" rel="noopener noreferrer">Massimino v. Benoit</a>
<a href="https://cdn.ca9.uscourts.gov/datastore/opinions/2026/08/10/24-7304.pdf" rel="noopener noreferrer">California v. Meta</a>
<a href="https://www.techdirt.com/2026/08/12/ninth-circuit-rewrites-section-230-to-remove-the-part-that-actually-mattered/" rel="noopener noreferrer">Techdirt piece on the Meta ruling</a>
<a href="https://ij.org/podcasts/short-circuit/short-circuit-167-section-230-and-a-drones-search/" rel="noopener noreferrer">Episode on Section 230 with Mike Masnick</a>
<a href="https://www.youtube.com/watch?v=yRF74lBfjr0&amp;t=3s" rel="noopener noreferrer">IJ video including a Broward County Sherif building</a>

Short Circuit 444 | Recording the Police with Facebook Immunity

A veterinarian’s free speech rights, a prisoner’s cruel and unusual garb, and a farmer busted for swampbusting. 
Vet Speech: http://www.ca5.uscourts.gov/opinions/pub/14/14-40403-CV0.pdf 
Prisoner: http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2015/D03-27/C:13-1769:J:PerCuriam:aut:T:fnOp:N:1524418:S:0 
Swampbusting: http://www.ca6.uscourts.gov/opinions.pdf/15a0058p-06.pdf

A veterinarian’s free speech rights, a prisoner’s cruel and unusual garb, and a farmer busted for swampbusting. Vet Speech: http://www.ca5.uscourts.gov/opinions/pub/14/14-40403-CV0.pdf Prisoner: http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2015/D03-27/C:13-1769:J:PerCuriam:aut:T:fnOp:N:1524418:S:0 Swampbusting: http://www.ca6.uscourts.gov/opinions.pdf/15a0058p-06.pdf

A veterinarian’s free speech rights, a prisoner’s cruel and unusual garb, and a farmer busted for swampbusting. 
Vet Speech: http://www.ca5.uscourts.gov/opinions/pub/14/14-40403-CV0.pdf 
Prisoner: http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&amp;Path=Y2015/D03-27/C:13-1769:J:PerCuriam:aut:T:fnOp:N:1524418:S:0 
Swampbusting: http://www.ca6.uscourts.gov/opinions.pdf/15a0058p-06.pdf

Short Circuit 006 (4/3/15)

A questionable murder conviction, $60,000 seized from a man never charged with a crime, and an immigrant who may face persecution if she’s deported.

A questionable murder conviction, $60,000 seized from a man never charged with a crime, and an immigrant who may face persecution if she’s deported.

A questionable murder conviction, $60,000 seized from a man never charged with a crime, and an immigrant who may face persecution if she’s deported.

Short Circuit 005 (3/26/15)

A naughty beer label, censorship on city buses, and a heart-healthy butter substitute that isn't. 
Subscribe today to receive Short Circuit, a weekly email roundup of important decisions from the U.S. Courts of Appeal. It’s a Friday afternoon treat for the legal world. http://www.ij.org/short-circuit

A naughty beer label, censorship on city buses, and a heart-healthy butter substitute that isn't. Subscribe today to receive Short Circuit, a weekly email roundup of important decisions from the U.S. Courts of Appeal. It’s a Friday afternoon treat for the legal world. http://www.ij.org/short-circuit

A naughty beer label, censorship on city buses, and a heart-healthy butter substitute that isn't. 
Subscribe today to receive Short Circuit, a weekly email roundup of important decisions from the U.S. Courts of Appeal. It’s a Friday afternoon treat for the legal world. http://www.ij.org/short-circuit

Short Circuit 004 (3/20/15)

An exotic dancing ban, prison guards who ignored sexual abuse, and a successful (!) ineffective-assistance claim. 
Subscribe today to receive Short Circuit, a weekly email roundup of important decisions from the U.S. Courts of Appeal. It’s a Friday afternoon treat for the legal world. ij.org/short-circuit

An exotic dancing ban, prison guards who ignored sexual abuse, and a successful (!) ineffective-assistance claim. Subscribe today to receive Short Circuit, a weekly email roundup of important decisions from the U.S. Courts of Appeal. It’s a Friday afternoon treat for the legal world. ij.org/short-circuit

An exotic dancing ban, prison guards who ignored sexual abuse, and a successful (!) ineffective-assistance claim. 
Subscribe today to receive Short Circuit, a weekly email roundup of important decisions from the U.S. Courts of Appeal. It’s a Friday afternoon treat for the legal world. ij.org/short-circuit

Short Circuit 003 (3/13/15)

A Border Patrol checkpoint, missing evidence, and an officer who crossed the thin blue line. 
Subscribe today to receive Short Circuit, a weekly email roundup of important decisions from the U.S. Courts of Appeal. It’s a Friday afternoon treat for the legal world. ij.org/short-circuit

A Border Patrol checkpoint, missing evidence, and an officer who crossed the thin blue line. Subscribe today to receive Short Circuit, a weekly email roundup of important decisions from the U.S. Courts of Appeal. It’s a Friday afternoon treat for the legal world. ij.org/short-circuit

A Border Patrol checkpoint, missing evidence, and an officer who crossed the thin blue line. 
Subscribe today to receive Short Circuit, a weekly email roundup of important decisions from the U.S. Courts of Appeal. It’s a Friday afternoon treat for the legal world. ij.org/short-circuit

Short Circuit 002 (3/6/15)

Subscribe today to receive Short Circuit, a weekly email roundup of important decisions from the U.S. Courts of Appeal. It’s a Friday afternoon treat for the legal world. http://ij.org/short-circuit

Subscribe today to receive Short Circuit, a weekly email roundup of important decisions from the U.S. Courts of Appeal. It’s a Friday afternoon treat for the legal world. http://ij.org/short-circuit

Subscribe today to receive Short Circuit, a weekly email roundup of important decisions from the U.S. Courts of Appeal. It’s a Friday afternoon treat for the legal world. http://ij.org/short-circuit

Short Circuit 001 (2/27/15)

The Supreme Court decides a few dozen cases every year; federal appellate courts decide thousands. So if you love constitutional law, the circuit courts are where it’s at. Join us as we break down some of the week’s most intriguing appellate decisions with a unique brand of insight, wit, and passion for judicial engagement and the rule of law.  http://ij.org/short-circuit

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The Supreme Court decides a few dozen cases every year; federal appellate courts decide thousands. So if you love constitutional law, the circuit courts are where it’s at. Join us as we break down some of the week’s most intriguing appellate decisions with a unique brand of insight, wit, and passion for judicial engagement and the rule of law. http://ij.org/short-circuit

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