The 1st Amendment Wins The Inaugural Techdirt Legal Misunderstanding March Madness
from the it's-all-over-now dept
It was a hard-fought battle, but in the end, the 1st Amendment has been crowned champion as the most misunderstood legal concept in the inaugural Techdirt Legal Misunderstanding March Madness:
Techdirt Legal Misunderstanding March Madness Finals. Which of the following is the *most* misunderstood legal concept.
— techdirt (@techdirt) April 4, 2022
Check out the final bracket to see the path to victory.

There were a lot of arguments about the choices of legal concepts and (especially) the seeding. And some arguing about the rules (there were rules?!?). Anyway, thanks to all of those who participated in this fun bit of nonsense. The 1st Amendment v. Section 230 matchup in the final was quite close (about halfway through it was still 50/50), though late on Monday evening the 1st Amendment started to pull away, and it kept that narrow lead right up until the end.
Will we do this again next year? Maybe! I think we now have enough additional legal concepts to run a second tier NIT-style bracket as well, though that seems like a bit much. We might at least have a play-in for final spots. Or maybe we’ll pick a different topic altogether for a March Madness style competition. Stay tuned…
Filed Under: 1st amendment, legal misunderstanding, march madness
Comments on “The 1st Amendment Wins The Inaugural Techdirt Legal Misunderstanding March Madness”
It’s never RICO.
Dang
I was hoping we could debate the real meaning of a well-regulated militia.
Re: the real meaning
I had 2nd Amendment going all the way.
Suggestion for another round (maybe next year)
Next suggestion: What is the worst Supreme Court decision ever?
It would be a real tossup between Citizens United and the Dred Scott decision, though I’m sure there are many other strong contenders.
Re:
I’d say Korematsu v US is worse than Citizens United.
https://en.wikipedia.org/wiki/Korematsu_v._United_States
Rigged Tournament
Clearly the vote was rigged; an obvious RICO case.
Re:
When it was the First Amendment against the First Amendment…
Does Techdirt count as a criminal organization?
(No.)
Makes sense those two would be the finalists and it would break down this way. Most misunderstandings of 230 end up actually being misunderstandings of the 1st amendment, after all.
Re:
True, true…
Idea for another bracket
How about a competition for the most widespread made-up legal concept. Like the whole platform vs. publisher thing. Or how people think a publicly traded company means the company is public instead of private.