Trump Mulls Orwellian Proposal to Stop Mass Shootings by Monitoring 'Mentally Ill People' for Signs of Imminent Violence
The program would try to develop a surveillance system based on predictive tests that don't exist.
Due Process
The FBI's Infamous List of 'Known Terrorists' Is Ruled Unconstitutional
Plus: millennials are buying homes after all, protecting Pinterest from anti-vaxxers, and more...
Federal Court Rules State Judges Cannot Profit From Fines and Fees Imposed on Defendants in the Cases Before Them
If the court that hears the cases stands to profit from the fines paid by defendants, that's a violation of the Due Process Clause of the Constitution. The rulings have potential implications for other, similar conflicts of interest in the criminal justice system.
New Orleans Magistrates Get a Cut of Fines and Bail Money, and That's a Problem
Two federal court rulings cite a significant conflict of interest.
New York's New 'Red Flag' Law Illustrates the Due Process Problems Posed by Gun Confiscation Orders
When it comes to deciding who should keep their Second Amendment rights, the deck is stacked against gun owners.
Do These 21 Mass Shootings That Did Not Happen Show the Benefits of California's 'Red Flag' Law?
Only if you assume they would have happened in the absence of gun confiscation orders.
Kamala Harris Promises To 'Disarm Violent Hate' by Seizing Guns From Bigots
The Democratic presidential contender suggests that "racist threats or anti-immigrant manifestos" could justify federal gun confiscation orders.
Lindsey Graham's Dishonest Defense of 'Red Flag' Laws
"The Second Amendment is not a suicide pact," the senator says, while glossing over the due process issues raised by gun confiscation orders.
Republicans Who Support Gun Confiscation Laws Imagine 'Due Process' That Does Not Exist on Paper or in Practice
Here is how the states with "red flag" laws fail to protect the constitutional rights of gun owners.
'Red Flag' Laws Leave Gun Owners Defenseless
The Trump-endorsed response to mass shootings gives due process short shrift.
To Stop Mass Shooters, Trump Says, We Should Make Involuntary Psychiatric Treatment Easier. No, We Shouldn't.
Because psychiatrists are terrible at predicting violent behavior, the wider net would catch lots of harmless people.
The City Wants to Evict This Family Because a House Guest Committed a Crime They Didn't Know About Somewhere Else
Under its "crime-free housing program," Granite City, Illinois, holds tenants strictly liable for illegal activity by a household member.
Lawsuit Challenges Ordinance Requiring Eviction of Entire "Household" if One Member Has Committed a Crime
The case was brought on the family's behalf by the Institute for Justice, a prominent public interest law firm.
Carleton College Suspended a Student for Drunken Sex. He Appealed. Then They Expelled Him.
His lawsuit claims the campus's procedures made a mockery of due process.
Department of Homeland Security
Papers, Please! DHS Wants Power to Deport People Faster with Less Judicial Oversight
A policy that allows for quicker deportations near the border could expand nationwide.
Backpage Prosecutors Want to Seize Assets First, Answer Questions Later
Aggressive asset forfeiture collides with First Amendment rights.
Lawsuit Seeks Class Action Status for Students Whose Due Process Rights Were Violated During Title IX Investigations
The lawsuit alleges that MSU has denied due process rights to student defendants in order to placate critics of its sexual assault policies.
Court Says Purdue Violated Student's Due Process Rights
"Purdue's process fell short of what even a high school must provide to a student facing a days-long suspension."
Purdue Student Expelled for Alleged Sexual Abuse Can Proceed With His Due Process and Sex Discrimination Claims
"Fairness can rarely be obtained by secret, one-sided determination of facts decisive of rights."
Fired Harvard Dean Ronald Sullivan: 'Unchecked Emotion Has Replaced Thoughtful Reasoning on Campus'
The celebrated law professor lost his position as faculty dean after students demanded his firing.
Rhode Island Court Issues Temporary Restraining Order Requiring Blogger to Take Down All Posts About a Person
According to the ACLU of Rhode Island, which is representing the blogger, the order was issued without any adversarial hearing at which the blogger could appear.
Harvard Caves to Student Mob, Fires Ronald Sullivan for Being Harvey Weinstein's Lawyer
"We are surprised and dismayed by the action Harvard announced today."
Nabbing Robert Kraft Helped Florida Prosecutors Get Headlines. Now Kraft and Other Orchids of Asia Customers Are Fighting Back
They're joined by an arrested spa owner and manager in fighting the release of surveillance video, with an array of big media companies on the other side.
Barr Kicks Off the Next Big Fight Over Immigration: Reason Roundup
Plus: Trump shows true colors on Yemen, U.K. sets a date for new porn rules, and scientists say we may be in a new geological epoch.
The ACLU Defends Gun Owners' Constitutional Rights, Except for the Second Amendment Right to Own Guns
The organization objects to gun restrictions only if they impinge on other constitutional provisions.
The NRA Is Right About the Violence Against Women Act
The House version of the reauthorization bill includes new gun restrictions that sweep too broadly.
Supreme Court Gives Feds a Long Leash To Detain Immigrants With Criminal Records
Conservative majority declines to consider constitutional concerns of holding noncitizens without hearings.
Can Victims' Rights Go Too Far?
The rapid spread of Marsy's Law could undermine due process across the country.
Federal Government Has Shared Watchlist Info with 1,400 Private Groups
Due Process Concerns Abound
A Harvard Law Professor Is Representing Harvey Weinstein. Students Say This Makes Them Unsafe, Demand His Resignation.
Ronald Sullivan's choice of clients is "not only upsetting, but deeply trauma-inducing," according to activist students.
Appeals Court: USC Violated Due Process Rights of Male Student Expelled for Sexual Misconduct
Universities must allow students to cross-examine accusers and witnesses, the ruling states.
73% of Top U.S. Universities Do Not Guarantee the Presumption of Innocence in Title IX Sexual Misconduct Trials
A new report from the Foundation for Individual Rights in Education argues DeVos's due process reforms are urgently needed.
Idris Elba Says #MeToo Is Only a Problem for 'Men With Something to Hide'
That's PATRIOT Act thinking.
Court Sets Aside USC Student's Expulsion for Alleged Rape
USC's procedures didn't fairly treat the accused, a California appellate court rules.
3 Women Accused Neil deGrasse Tyson of Sexual Misconduct. He Says Evidence Matters, and He's Right.
#MeToo has come for the popular astrophysicist. Let's withhold judgement.
Denying Bail
The Arizona Supreme Court got it right: categorical denials of bail to persons charged with sexual assault violates the Constitution.
Betsy DeVos Formally Unveils New Title IX Rules: 3 Ways They Will Strengthen Due Process on Campus
Cross-examination, stricter definition of misconduct, and greater flexibility
The 'Frightening and High' Factoid About Sex Offender Recidivism Still Stalks Courts Across the Land, Completely Untethered From Actual Numbers
Justice Anthony Kennedy's bogus 2002 claim figures prominently in defenses of an Arizona bail ban.
FDIC Attempts to Pressure Banks into Denying Services to Payday Lenders Violates Due Process Rights, Lenders Argue
Lawsuit wants to curb actions like "Operation Choke Point' in which bank regulators discourage banks from servicing certain customers, including gun and ammo dealers.
A White Woman Falsely Accused a Black 9-Year-Old Boy of Groping Her
Surveillance footage disproves her allegations-and reminds everyone not to automatically believe victims.
From a 'Due Process' Perspective, the Brett Kavanaugh Hearing Will Be a Farce
"If this were a legal proceeding, many (if not all) of the members of the [Senate Judiciary Committee] would have to recuse themselves."
Right to Cross-Examine Witnesses in University Disciplinary Proceedings
The Sixth Circuit reaffirms this, including for sexual assault accusations, in a case against the University of Michigan; and the court also allows plaintiff to proceed with his claim that the process was biased against him because of his sex.
In Due Process Lawsuit, Appeals Court Sides with Michigan Student Expelled for Sexual Misconduct
If credibility is at stake, "the university must give the accused student or his agent an opportunity to cross-examine the accuser."
Protective Orders, Due Process, and the Second Amendment
"While not a criminal matter, an order of protection exposes a respondent to an array of restrictions, including severe limitations on his or her Second Amendment rights. A respondent deserves a meaningful due process opportunity to present his or her case."
Feminists Rally to Defense of Female Professor Accused of Sexual Harassment by Male Student
#MeToo madness: it's wrong to use Title IX, a feminist tool, "to take down a feminist."
The Justice Department Didn't Charge Him With a Crime. It's Going to Take $39,000 from Him Anyway.
It's not a crime to travel with lots of cash. But you still might be treated like a criminal.
Federal Judge Breaks Up Albuquerque's Car Theft Ring
A new ruling says the city's civil forfeiture program violates the right to due process.
Jeff Sessions, Head Federal Prosecutor, Remembers That Due Process Exists
Nice to see that the nation's top law enforcement officer is aware of "innocent until proven guilty."
