“Justice Stephen Breyer: Executions are often ‘arbitrary.'” msnbc has this report (with video).

“Does worm farming count as ‘agriculture’ under the Fair Labor Standards Act?” Benjamin Gould has this post at his “Appellate Briefs” blog about a ruling that the U.S. Court of Appeals for the Sixth Circuit issued yesterday.

“Oral Argument Recap: United States v. Ganias.” Thursday at the “Lawfare” blog, Michael Knapp had a post that begins, “The U.S. Court of Appeals for the Second Circuit sat en banc Wednesday afternoon for the first time in almost two years. The occasion? An otherwise-mundane tax fraud prosecution that propelled the Fourth Amendment into the digital era.”

And at “The Volokh Conspiracy,” Orin Kerr has a post titled “Second Circuit holds en banc argument in computer search case.”

Because the U.S. Court of Appeals for the Second Circuit inexplicably makes its oral arguments even more difficult to access online than the U.S. Supreme Court‘s oral arguments, no audio recording or transcript of the reargument en banc is (or will be) available online. Meanwhile, the Ninth Circuit has already entered the YouTube age when it comes to oral argument, and the Third Circuit may also be on the verge of doing so.

“Denied trademark, U.S. rock band The Slants turns to First Amendment”: Reuters has this report on a reargument en banc that occurred yesterday at the U.S. Court of Appeals for the Federal Circuit.

You can access the audio of yesterday’s reargument en banc via this link (20.3 MB mp3 audio file).

And in related commentary, the ACLU’s “Speak Freely” blog yesterday had a post titled “The Government’s Trying to Sell a New Slant on the First Amendment. We’re Not Buying It.”

“Constitution Check: Is Puerto Rico just a colony under Congress’s control?” Lyle Denniston had this post yesterday at the “Constitution Daily” blog of the National Constitution Center.

“U.S. Studies Moving Guantanamo Detainees to Colorado Prison”: Charlie Savage has this article in today’s edition of The New York Times.

“Dow wields SCOTUS amicus brief to erase $1.1 billion antitrust judgment”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this report.