“Was father ‘captive’ to funeral protesters?” David L. Hudson Jr. has this analysis online at the First Amendment Center.

“In Supreme Court Work, Early Views of Kagan”: Charlie Savage has this article today in The New York Times. In addition, Javier C. Hernandez has an article headlined “Breakfast With Dean Kagan: A Student Journalist’s Eye-Opener.”

Today’s edition of The Washington Post reports that “Kagan tested by 1990s battles over tobacco legislation.”

The Associated Press reports that “Senators await Clinton-era files on Kagan.”

At her “Crossroads” blog, CBS News correspondent Jan Crawford has a post titled “Documents Show Kagan’s Liberal Opinion on Social Issues.”

Gallup has issued a news release headlined “Support for Confirming Kagan Trails That of Recent Nominees; Forty-six percent want Senate to vote in favor of her nomination.”

And at “The BLT: The Blog of Legal Times,” Tony Mauro has a post titled “ABA In Midst of Kagan Evaluation.”

“U.S. appeals court considering teens’ Web cases”: Nathan Gorenstein has this article today in The Philadelphia Inquirer.

In today’s edition of The Legal Intelligencer, Shannon P. Duffy reports that “3rd Circuit Mulls Student Suspensions for MySpace Postings.”

And at the “School Law” blog of Education Week, Mark Walsh has a post titled “Full 3rd Circuit Weighs Student Web Speech.”

In the post immediately below from yesterday afternoon, I linked to the audio of yesterday’s en banc oral argument.

“US court weighs school discipline for Web posts”: The Associated Press has this report on a case reargued en banc today before the U.S. Court of Appeals for the Third Circuit.

Update: You can download the audio of today’s en banc oral arguments here (Layshock case — 78.8 MB Windows Media Audio file) and here (JS v. Blue Mountain case — 73.3 MB Windows Media Audio file).

“Elena Kagan In Private Practice (And Her First Amendment Experience)”: Eric Turkewitz has this post at his “New York Personal Injury Law Blog.”

“Senators Fed Up With Secret Blocks On Nominees”: This audio segment appeared on today’s broadcast of NPR’s “Morning Edition.”

“David Souter vs. the Antonin Scalias”: Columnist E.J. Dionne Jr. has this op-ed today in The Washington Post.

“GAO says millions of dollars are wasted on federal courthouses that are too big”: This article appears today in The Washington Post. You can view the preliminary results of the GAO’s inquiry at this link.

“Much Ado About Muffins in Key IP Case at 3rd Circuit”: Shannon P. Duffy has this article today in The Legal Intelligencer.

“Court Tosses Landmark Global Warming Ruling After Late Recusal”: Greenwire has a report that begins, “After an unusual about-face prompted by a late recusal, a federal appeals court has scrapped a ruling that said the nation’s largest producers of greenhouse gas emissions could be sued for the damage caused by global warming.”

My earlier coverage can be accessed here.

“Opponents of Abortion Advance Cause at State Level”: This article appears today in The New York Times.

And The Associated Press reports that “Court says abortion initiative can be on AK ballot.” You can access yesterday’s ruling of the Supreme Court of Alaska at this link.

“In old article, Kagan invites tough questioning”: Jesse J. Holland of The Associated Press has this report.

Today’s edition of The New York Times contains an article headlined “A Knock-Down, Drag-Out — Yawn.”

The Mobile Press-Register reports that “Sessions seeks military recruiting records from Harvard, where Supreme Court nominee Kagan worked.”

The Hill reports that “Fight over Kagan documents heats up.”

And today’s edition of The Los Angeles Times contains an article headlined “Photo raises issue of sexual orientation in softball; Supreme Court nominee Elena Kagan is pictured playing the sport, and whispers grow that she is gay; Those who play say they are aware of the reputation, but history of acceptance should be what is celebrated.”

“Supreme Court refuses to hear L.A.’s appeal to let it dump sludge”: Michael Doyle of McClatchy Newspapers has this report.

“Registry law doesn’t apply to all sex offenders, Supreme Court rules; A sex offender who moved from Alabama to Indiana in 2004 does not have to register with authorities because his move predates the registry law Congress enacted in 2006, the Supreme Court ruled on Tuesday”: Warren Richey of The Christian Science Monitor has this report.

“Ex-Somali official Mohamed Ali Samantar may be sued in U.S., Supreme Court rules”: Robert Barnes has this article today in The Washington Post.

And in today’s edition of The Daily Journal of California, Lawrence Hurley reports that “High Court Okays Torture Suit.”

“The National Law Journal Launches ‘Supreme Court Insider,’ New Independent E-Newsletter, featuring reporting by Tony Mauro and Marcia Coyle”: ALM issued this news release today. Free registration for the newsletter can be accomplished via this link.

“Appeals court can’t rehear Katrina greenhouse-gas suit because of judges’ recusals”: The Times-Picayune of New Orleans today contains an article that begins, “So many members of the U.S. 5th Circuit Court of Appeals have recused themselves from a rehearing of a lawsuit that charges energy companies with contributing to the effects of Hurricane Katrina by emitting greenhouse gases that the court cannot conduct the rehearing. The result is a victory for the roughly 30 energy companies being sued, for it essentially reinstates the ruling of the U.S. District Court in Mississippi dismissing the case.”

My earlier coverage of last Friday’s Fifth Circuit order and the accompanying dissents appears at this link.

“Clinton representative reviewing Kagan documents”: The Associated Press has a report that begins, “The White House may have to negotiate with former President Bill Clinton and a Senate committee to resolve potential confidentiality concerns about releasing files from Supreme Court nominee Elena Kagan’s past, a top official told a senator Tuesday.”

“Mere Silence Doesn’t Invoke Miranda, Justices Rule”: Adam Liptak will have this article Wednesday in The New York Times.

Robert Barnes of The Washington Post has a news update headlined “Supreme Court: Suspects must invoke right to remain silent in interrogations.”

In Wednesday’s edition of The Los Angeles Times, David G. Savage will have an article headlined “Supreme Court backs off strict enforcement of Miranda rights; Once a suspect has been informed of his rights, he has the duty to invoke them, the justices say; The decision reinstates a murder conviction based largely on a suspect’s one-word answer to police.”

In Wednesday’s edition of The Wall Street Journal, Jess Bravin will have an article headlined “Justices Narrow Miranda Rule.”

Warren Richey of The Christian Science Monitor has an article headlined “Supreme Court: Suspects must assert Miranda right to remain silent; The Supreme Court ruled Tuesday that criminal suspects must clearly state that they don’t want to talk with police to exercise their Miranda rights; Silence during interrogation is not enough.”

And this evening’s broadcast of NPR’s “All Things Considered” contained an audio segment entitled “High Court: Speak Up If You Want To Remain Silent” featuring Nina Totenberg.

“8th Circuit lags in female appointees: The federal appellate court has produced a single female judge. Why?” In this week’s issue of The National Law Journal, Leigh Jones has an article that begins, “For 16 years, Judge Diana Murphy has stood alone — the only woman ever to serve on the U.S. Court of Appeals for the 8th Circuit.”

“Circuit Judge Randall R. Rader assumed the position of Chief Judge of the Federal Circuit on June 1, 2010”: So notes an announcement at the home page of the U.S. Court of Appeals for the Federal Circuit.

CLE seminar in Philadelphia on Tuesday, June 8, 2010 at which I will be speaking: The seminar is sponsored by The Legal Intelligencer, Philadelphia’s daily newspaper for lawyers, You can access additional details and a registration form at this link.

“Silence Right Must Be Invoked Explicitly, Court Says”: Greg Stohr of Bloomberg News has this report.

“Supreme Court: no immunity for ex-Somali official.” James Vicini of Reuters has this report.

And Greg Stohr of Bloomberg News reports that “Top U.S. Court Rejects Legal Immunity Bid by Foreign Officials.”

“Kagan’s early influences demanding, activist”: The Associated Press has this report.

Access online today’s opinions in argued cases and Order List of the U.S. Supreme Court: The Court today issued rulings in the following five argued cases–

1. Justice Sonia Sotomayor delivered the opinion of the Court in Carr v. United States, No. 08-1301. You can access the ruling at this link and the oral argument transcript at this link.

2. Justice Ruth Bader Ginsburg delivered the opinion of the Court in Levin v. Commerce Energy, Inc., No. 09-223. You can access the ruling at this link and the oral argument transcript at this link.

3. Justice Anthony M. Kennedy delivered the opinion of the Court in Berghuis v. Thompkins, No. 08-1470. You can access the ruling at this link and the oral argument transcript at this link.

4. Justice Antonin Scalia delivered the opinion of the Court in Alabama v. North Carolina, No. 132, Orig. You can access the ruling at this link and the oral argument transcript at this link.

5. And Justice John Paul Stevens delivered the opinion of the Court in Samantar v. Yousuf, No. 08-1555. You can access the ruling at this link and the oral argument transcript at this link.

You can access today’s Order List at this link. The Court granted review in one case.

In early news coverage, The Associated Press has reports headlined “Court: Suspects must say they want to be silent“; “Court: Victims can sue ex-Somali prime minister“; “Court: Are medical residents students or employees“; “High court turns down appeal in rogue juror case“; and “Court won’t hear inmate’s claim of innocence.”

“Is the Vatican a Sovereign State? Elena Kagan and her colleagues in the solicitor general’s office say it is; They should be ashamed.” Christopher Hitchens has this essay online at Slate.

“Venting Online, Consumers Can Find Themselves in Court”: This front page article appears today in The New York Times.

“Kagan: No need for court review of rogue juror.” Mark Sherman of The Associated Press has this report. The AP also reports that “Senators await Kagan papers from Clinton library.”

And Laura Litvan of Bloomberg News reports that “High Court Nominee Kagan May Get Support From Republicans.”

“This Bench Belongs in a Dugout”: Today’s edition of The New York Times contains the latest installment of Adam Liptak’s “Sidebar” column, which begins, “We have photographic proof that Elena Kagan has played softball, and there is some evidence that she is a Mets fan. But by the sometimes fanatical devotion to baseball of the nine-member squad Ms. Kagan hopes to join, that is minor-league stuff.”