Civil Liberties
Journal of Free Speech Law: "Gitlow as a Guide to Holmes," by Joseph Blocher
From the "Gitlow v. New York at 100" symposium, held this year at the Arizona State University Sandra Day O'Connor College of Law; other papers from that symposium will be published shortly.
Boat Attack Commander Says He Had To Kill 2 Survivors Because They Were Still Trying To Smuggle Cocaine
Adm. Frank M. Murphy reportedly told lawmakers a controversial second strike was necessary because drugs on the burning vessel remained a threat.
Federal Judge Confirms What We Already Knew: DHS Is Breaking Its Own Rules in D.C. Immigration Arrests
United States District Judge Beryl A. Howell said the Department of Homeland Security’s own statements about its policy and practice reveal an “abandonment of the probable cause standard.”
Anti-Stalking Injunction Requires More Than Just a Showing of "Being Weirded Out or Uncomfortable"
"[Appellants'] homemade signs talked about May being mental health awareness month, one referenced the movie One Flew Over the Cuckoo's Nest and included a photograph of actor Jack Nicholson, one mentioned perimenopause and empty nest syndrome, one said '[h]ere comes da judge' around the time that Appellee had a divorce hearing .... Another sign included the language '[h]ere's looking at you kid' and contained a photo of Humphrey Bogart."
Hegseth's 'Fog of War' Is No Excuse for Summarily Executing Suspected Drug Smugglers
Regardless of what the defense secretary knew or said about the September 2 boat attack, the forces he commands are routinely committing murder in the guise of self-defense.
DHS Continues Airport Cash Seizures, a Year After the Justice Department Ended Them Due to Constitutional Concerns
A year ago the Justice Department suspended the DEA's airport interdiction program because of significant legal risks. The DHS is still using the same tactics.
Free Speech Unmuted: Defamation Law in the Age of AI with Lyrissa Lidsky
My cohost Jane Bambauer and I are joined by Prof. Lyrissa Lidsky (Florida), who is also a co-reporter for the American Law Institute's Restatement (Third) of Torts: Defamation and Privacy.
The Trump Admin Wants Western Union and MoneyGram To Report on Immigrants
An obscure bureau of the U.S. Treasury is using USA PATRIOT Act powers to sniff out under-the-table employment.
Journal of Free Speech Law: "Free Speech and Incorporation: A Reassessment," by Ilan Wurman
From the "Gitlow v. New York at 100" symposium, held this year at the Arizona State University Sandra Day O'Connor College of Law; other papers from that symposium will be published shortly.
Reason's Video Docs Debunk the 'Socialists of All Parties'
Since 2007, we've won millions of hearts and minds to libertarianism with deeply moving images. And starting NOW, your webathon dollars are matched up to $100,000!
The Law of War Was Not Designed for Trump's Bogus 'Armed Conflict' With Drug Smugglers
Instead of asking whether a particular boat attack went too far, Congress should ask how the summary execution of criminal suspects became the new normal.
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Journal of Free Speech Law: "What Did Gitlow Do?," by James Stern
From the "Gitlow v. New York at 100" symposium, held this year at the Arizona State University Sandra Day O'Connor College of Law; other papers from that symposium will be published here in the coming weeks.
No, SCOTUS Did Not 'Invent' Judicial Review in Marbury v. Madison
The Supreme Court’s power to nullify legislative and executive acts is inherent in the Constitution.
Second Circuit Upholds Injunction Protecting Speech About "Abortion Pill Reversal"
Such speech by the National Institute of Family & Life Advocates in this case, the court concluded, was noncommercial speech that was subject to broad First Amendment protection, rather than less protected "commercial speech."
Hegseth's Alleged Order To 'Kill Everybody' Complicates Trump's Defense of His Murderous Anti-Drug Campaign
Even if you accept the president's assertion of an "armed conflict" with drug smugglers, blowing apart survivors of a boat strike would be a war crime.
Journal of Free Speech Law: "Suspicion, Deference, and the First Amendment," by Helen Norton
From the "Gitlow v. New York at 100" symposium, held this year at the Arizona State University Sandra Day O'Connor College of Law; other papers from that symposium will be published here in the coming weeks.
Lawmakers To Consider 19 Bills for Childproofing the Internet
KOSA is back, along with more than a dozen other bills that will erode free speech and privacy in the name of protecting kids.
Showing Plaintiffs' House in an Ad for Netflix Real Estate Reality Show Isn't Actionable Invasion of Privacy,
even if it leads people "to visit plaintiffs’ home 'on a daily basis' asking to see it and claiming they learned it was for sale through the Buying Beverly Hills advertisement."
The 'Free' World Is Coming for Your Private Messages
Nobody expects China or Iran to protect privacy. But as seen in the European debate over chat control, even nominally free countries are becoming intrusive when it comes to the digital world.
Journal of Free Speech Law: "The Enigma of Gitlow: Positivism, Liberty, Democracy, and Freedom of Speech," by Robert Post
The keynote address from the "Gitlow v. New York at 100" symposium, held this year at the Arizona State University Sandra Day O'Connor College of Law; other papers from that symposium will be published here in the coming weeks.
The Pentagon and the FBI Are Investigating 6 Legislators for Exercising Their First Amendment Rights
The Trump administration is desperately trying to criminalize a video noting that service members have no obligation to follow unlawful orders.
Texas Man Faces Up to 40 Years in Prison for Transporting Constitutionally Protected Pamphlets
The government treats anarchist zines as evidence of terrorism.
Elon Musk's 'Account Based In' Feature Has Already Improved X
Foreign grifters are posting clickbait to make money from X's revenue-sharing program.
Councilman's Threatening Outside Counsel Law Firm into Firing Attorney May Violate First Amendment
"A Nashville city councilman threatened to withdraw business from a law firm, which served as the city's outside counsel, due to the position one of its attorneys took as the chair of the county election commission on a tax referendum."
How ICE Is Watching Your Thanksgiving Drive
ICE and Border Patrol are using license plate cameras for extensive domestic surveillance.
Trump's Habitual Charges of 'Treason' Reflect His Authoritarian Impulses
The president’s reaction to a supposedly "seditious" video illustrates his tendency to portray criticism of him as a crime.
"Spy" vs. "Spy" (+ Piers Morgan, President Biden, and the Iranian Nuclear Weapons Program)
If someone was prosecuted (and later pardoned) for being an unregistered foreign agent for Iran, is it defamatory to say he was prosecuted for "spying"?
'Catch Kits' for Fetal Remains Are Republicans' Latest Dystopian Plan To Punish Abortions
GOP lawmakers in Wisconsin and elsewhere are pushing the idea that abortions are a water quality issue.
University's Apparent Concealment of Real Reasons for Non-Renewal of Adjunct Professor's Contract Suspended Statute of Limitations
"The [eventually released personnel] records contain no negative performance reviews, but they do contain three anonymous complaints. Those complaints accused Grossenbach of 'creat[ing] a hostile environment for transgender and LGBTQ students' in connection with his SaveCFSD activities [allegedly referring solely to Grossenbach's outside-class political activity -EV], among other things."
Mass Surveillance Is Powering a New Era of Pretextual Traffic Stops
An extensive network of automatic license plate readers is being used to develop predictive intelligence to stop vehicles, violating Americans’ rights.
What Would Bill Buckley Do?
The National Review founder's flexible approach to politics defined conservatism as we know it.
Exorcist Files vs. Jesus 911 Libel Suit
"The Defendants intentionally or recklessly invited public critique and scrutiny over Plaintiff's title as an exorcist by repeatedly asserting that the Plaintiff is not an exorcist."
Most Americans Think Free Speech Is on the Decline, Survey Finds
"Drops in confidence across all political parties contributed to the record-levels of pessimism," writes the Foundation for Individual Rights and Expression.
Covid Beach Closures, the Takings Clause, and the Police Power Exception
A recent 11th Circuit decision rightly ruled that mandatory Covid beach closures violated the Takings Clause. But the court overlooked the key issue of how to assess the "police power" exception to Takings Clause liability.
