In a forceful opinion (pp. 3-30), Judge Jay Bybee and thirteen of his colleagues (including Owens and even Clinton appointee Ronald Gould) state that “this case cries for reversal” and call ...

Judge Jay Bybee, in dissent, argued that Fletcher’s position was inconsistent with circuit precedent and created a conflict among the circuits. I’m delighted to report that, in a unanimous ...

“Curtailing speech based on the listeners’ reaction is rarely — if ever — the least restrictive means to achieve the government’s interest in safety,” U.S. Circuit Judge Jay S. Bybee, a George W. Bush ...