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Washburn Law Journal Online

Bad Education: Does the New Kansas Law Criminalizing Falsely Representing Oneself as an Election Official Pass Constitutional Muster? [K.S.A. § 25-2438 / League of Women Voters of Kansas, et al., v. Schwab (Kan. 3d Dist. Ct. 2021) (2021-CV-000299)] 

Taylor Murray | April 29, 2022 | Read this comment

Summary: The Kansas Legislature enacted K.S.A. § 25-2438, which makes it a felony to falsely represent oneself as an election official. Kansas voter education groups filed suit, claiming that the wording of the statute keeps them from engaging in protected political speech because of fear of prosecution. The Shawnee County District Court rejected the plaintiffs’ request for a preliminary injunction without fully acknowledging the confusion generated by the statute’s construction.

Preferred Citation: Taylor Murray, Bad Education: Does the New Kansas Law Criminalizing Falsely Representing Oneself as an Election Official Pass Constitutional Muster?, 61 Washburn L.J. Online (2022) 97, https://washburnlaw.edu/wljonline/murray-bad-education/.

Qualified Apathy: The Tenth Circuit Concedes Jurisdiction Over Constitutional Questions [Frasier v. Evans, 992 F.3d 1003 (10th Cir. 2021).]

John Spizak | April 28, 2022 | Read this comment

Summary: The Tenth Circuit Court of Appeals reversed the district court’s denial of qualified immunity asserted by Denver police officers against a claim that they violated a man’s First Amendment free speech right. The man alleged that the officers intimidated him to seize a video he made of the officers violently arresting a suspect in public. While the court correctly determined that a public right to record a public police action was not clearly established at the time of the incident in the Tenth Circuit, it declined to determine whether the Constitution provided such a right. Even though courts have discretion over whether such an analysis is needed in a given case, the court’s refusal, in this case, to assess whether the right to record police in public exists conflicted with the court’s exclusive jurisdiction over constitutional interpretation.

Preferred Citation: John Spizak, Qualified Apathy: The Tenth Circuit Concedes Jurisdiction Over Constitutional Questions, 61 Washburn L.J. Online (2022) 83, https://washburnlaw.edu/wljonline/spizak-qualified-apathy.

Nice Try, NCAAThe Sherman Antitrust Act Applies to You, Too [Nat'l Collegiate Athletic Ass'n v. Alston, 141 S. Ct. 2141 (2021)]

Tymber W. Long | April 27, 2022 | Read this comment

Summary: In this long-awaited decision, the Supreme Court in National Collegiate Athletic Association v. Alston upheld the Northern District Court of California’s finding that the National Collegiate Athletic Association’s (“NCAA”) limits on student-athlete compensation violates the Sherman Antitrust Act of 1890. The NCAA argued its limits were procompetitive for two reasons: the limits drive consumer demand for amateur athletics and improve student-athletes’ education. However, the district court and Supreme Court saw through these baseless conclusions and cast a blow to the NCAA’s amateurism cornerstone. Although the Alston decision has the potential to be a huge step in sports jurisprudence, the holding could be moot if athletic conferences decide to continue the practice of limiting student-athlete compensation.

Preferred Citation: Tymber W. Long, Nice Try, NCAA—The Sherman Antitrust Act Applies to You, Too, 61 Washburn L.J. Online 71 (2022), https://washburnlaw.edu/wljonline/long-nice-try

Volume 61 Cases Reviewed