Advisory Opinions You Can’t Preach Jesus Here | Interview: Judge Rebecca Taibleson
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Mar 24, 2026 Judge Rebecca Taibleson, a Seventh Circuit jurist who once clerked for Judge Kavanaugh and Justice Scalia, discusses her path to the bench and life on the federal court. She recounts meeting her husband on an Everest trek, clerking experiences, confirmation and chambers stories, hiring clerks, and imaginative what-if legal history. The conversation highlights judicial process, mentorship, and courtroom culture.
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Heck Does Not Bar All Prospective First Amendment Challenges
- Olivier can validly seek prospective injunctive relief against a free-speech zone ordinance despite a prior conviction under that ordinance.
- The Supreme Court clarified Heck's scope: not every suit that would conceptually undermine a past conviction is barred, citing Woolley and reasonableness in time/place/manner analysis.
Speech Zones Must Be Reasonable Time Place And Manner Limits
- Speech-zone rules are evaluated as content-neutral time, place, and manner restrictions under a reasonableness standard.
- David French notes campuses often fail this test by placing zones in remote or tiny locations, e.g., a gazebo or behind the stadium.
Obvious Satire Can Still Spark Costly Litigation And Viral Fame
- The Afro Man trial showed how obvious satire can still generate litigation and public spectacle, producing a Streisand-like viral effect.
- David French and Sarah Isgur noted the jury verdict for Afro Man and the televised trial amplified his fame via memes like 'Lemon Pound Cake.'
