Free Speech
A Judge Said the Excuse for Arresting Mahmoud Khalil Was Unconstitutionally Vague. Why Isn't Khalil Free?
U.S. District Judge Michael Farbiarz highlights the chilling impact of Marco Rubio's dubious rationale for deporting students whose views offend him.
No Sealing in Multi-Billionaire Leon Black's Attempt to Enforce Arbitration Subpoena
"Federal judges and their court staff are not legal pawns to be deployed in secret by wealthy disputants trying to get private answers to their problems."
Court Rejects Challenge to Trump's Executive Orders on Anti-Semitism
One of the Orders calls on federal agencies to use the International Holocaust Remembrance Alliance definition, which would label certain criticisms of Israel as anti-Semitic.
Why Donald Trump and Josh Hawley Are Wrong To Call for Jailing People Who Burn the American Flag
The Supreme Court ruled decades ago that burning the flag is protected by the First Amendment, no matter how offensive that act may be.
Federal Prosecutors Are Starting To Sound Like Campus Activists About Sex and Consent
With the OneTaste case, the Department of Justice has embraced infantilizing ideas about women, consent, and coercion.
Kennedy: A Gen X Rebel's Journey From MTV to Fox News
The Fox News personality reflects on her evolution from a contrarian Republican to a libertarian and her belief that personal freedom, humor, and not giving a shit are the keys to a better America.
New Orleans Mayor Wasn't Entitled to Restraining Order Against Woman Who Took Photos of Her in a Public Place
A temporary order had been issued, but the trial court refused to extend it into a permanent order, and awarded $15K in attorney fees; an appellate court has just upheld the trial court's final decision, and added $8K for appellate attorney fees.
Trump's Threats Against Musk and Newsom Reflect an Authoritarian Intolerance of Dissent
Even if the president was joking in both cases, he already has used his powers to punish people whose views offend him.
3 Supreme Court Cases To Watch in June 2025
Plus: The glorious return of drive-in movie season.
Fake Immigration Crisis Triggers Actual Violence
Are outdated laws ripe for abuse? A listener asks whether it's time to sunset certain old laws.
FTC Pivots From Competition to Children
The result is the same: attacks on tech companies and attempts to violate Americans' rights.
Terry Moran Insulted Stephen Miller? That's None of the Government's Business.
Karoline Leavitt's threat against ABC News is an attack on free speech.
Naples (Florida) Restrictions on Drag Performance at Pride Fest Can Take Effect
An Eleventh Circuit panel (by a 2-1 vote) issues a stay of the preliminary injunction that the district court issued in Naples Pride's favor.
Marsha Blackburn Wants Secret Police
Sen. Blackburn introduced a bill this week that would make it a crime to publish the name of a federal law enforcement officer.
"The Court Denies the Government's Attempt to Muzzle the Court"
"Unsealing the May 6 Order is essential for the public to see the government's overreach in searching cellphones without probable cause and [is essential for] publishing precedent as courts unpack future such requests."
Interesting Unsealing Decision in the Abrego Garcia Deportation Challenge
I haven't been closely following the many filings in the case, but I'm very glad the court is enforcing a fairly broad right of public access here.
Texas Harassment Conviction for Sending 34 Messages Over 15 Weeks to Ex-Therapist Violates First Amendment
So Texas's high court for criminal matters held yesterday.
Anti-Israel Violence Does Not Justify Censorship of Pro-Palestinian Speech
The fight against anti-Semitism is undermined when it is conflated with mere criticism of Israel's government.
A First Amendment Right To Preach Orgasm?
As the prosecution rests in the OneTaste case, the defense lays out the free speech implications if the government succeeds.
Texas Legislature Bans LGBT Student Clubs in K-12 Schools, Violating the Constitution and Federal Law
Signaling legislative contempt, one sponsor called the student groups "sex clubs." But in targeting the content of student speech the bill probably infringes First Amendment free speech rights and tramples the Equal Access Act of 1984
4th Cir.: Civil Service Reform Act May Have "Been So Undermined" That District Courts Should Take Over Federal Employee Lawsuits
"Because Congress intended for the Civil Service Reform Act to strip district courts of jurisdiction only if federal employees were otherwise able to receive adequate and independent review of their claims, we vacate and remand to the district court to consider whether the text, structure, and purpose of the Civil Service Reform Act has been so undermined that the jurisdiction stripping scheme no longer controls"
Female Nude Spa in Washington Can't Bar Transgender Clients With Male Genitalia, Federal Court Rules
Olympus Spa had sued on First Amendment grounds.
Is It 'Harassment' To Heckle Your Local Politician? A British Court Thinks So.
Two protesters in Wales were convicted for handing out pamphlets and filming an argument with their member of Parliament.
Federal Court in New York Might Be the Hardest Court to Get Pseudonymity as a Sexual Assault Plaintiff,
which is to say the court that is the most in favor of public access to court records in such cases.
Claim Over Penn's Alleged Knowing Toleration of Anti-Semitic Behavior Dismissed,
though the court found the plaintiffs had standing to bring the claim, and gave them one last chance to amend their complaint to plausibly allege enough to allow the case to go forward.
