Paul Clement's Argument Against the Executive Order Targeting the WilmerHale Law Firm
It's a lawyer's argument, not an attempt at objective analysis. But I think that on balance it is generally quite correct, and powerfully framed.
Free Speech
The 'Meritocracy' Lie
Two months after he was inaugurated, Trump has smashed many of the government's silly DEI rules. But he hasn't created a new age of meritocracy.
Black Student Expelled for Sexual Assault of White Classmate Seeks Pseudonymity Partly Because "Interracial Sexual Relationships …
between White women and Black men are the subject of heightened prejudice and violent responses that create a tangible risk of retaliation and animus against him."
Federal Judge Tosses Defamation Lawsuit Against NewsGuard
The self-styled watchdog site ranks news outlets' reliability, which has rankled those on both the right and left.
Libel Claims by The Satanic Temple Against Newsweek Over Sexual Abuse Allegations …
thrown out for lack of evidence of "actual malice" (i.e., knowing or reckless falsehood on Newsweek's part).
Parent Submits Photo of School Postings to LibsOfTikTok, Gets Restricted from Accessing School Property or Events
A federal court, however, has now largely blocked this restriction; the court rejected the argument that the parent violated the school's "bullying" policy.
15 Years of Super PACs
The SpeechNow ruling expanded political speech and reshaped elections.
Texas A&M's Drag Ban Shows the Threat to Campus Free Speech Is Bipartisan
Conservatives are picking up the unconstitutional weapons that intolerant progressives have deployed against them.
FIRE Says the Law Trump Is Using To Deport Mahmoud Khalil Is Unconstitutional. Trump's Sister Agreed.
As a federal judge, Maryanne Trump Barry said the provision is unconstitutionally vague. That's especially problematic when it is used to punish speech.
Federal Judge Blocks Texas A&M From Banning Drag Shows
The judge ruled that Donald Trump and Texas Gov. Greg Abbott's executive orders targeting "gender ideology" can't change the fact that drag performance is expressive conduct under the First Amendment.
The Truth About Brazil's Rumble Ban
Justice Alexandre de Moraes has shut down Rumble in Brazil, using the same dubious legal arguments that led to the blocking of X and Telegram.
New Case Against Khalil
Plus: Sanders supports deportations, tariff tracker, Panama's Jewish enclave, and more...
Woman Compensated for Vaccine Injury Seeks to Have Name Redacted Because She Works in Vaccine-Related Public Relations
"She 'does not want her experience with [a] poorly administered vaccine to become a story in itself that would interfere with her ability to advocate for vaccinations at large.'"
Chicago Public Defender's Claim Over Displaying Photo with Israeli Flag and Gun Can Go Forward
Office leadership allegedly "told Gassman's supervisors that the photo was 'comparable to a Nazi swastika.'"
Another Legal Resident Faces Deportation for Vague Allegations That They Support Terrorists
The Trump administration keeps arresting legal immigrants with views they don't like.
National Constitution Center Podcast on the Alien Enemies Act and Mahmoud Khalil Immigration Cases [Updated]
The participants were Adam Cox (NYU) and myself.
France Accuses Trump of Booting Space Researcher Over 'Personal Opinion'
Border officials reportedly barred the academic from visiting Texas after finding anti-Trump messages on his phone.
"A Statement from Constitutional Law Scholars on Columbia"
by "Eugene Volokh, Michael C. Dorf, David Cole, and 15 other scholars."
Why Was a Brown University Surgeon Deported to Lebanon?
The Trump administration has started a pattern of trying to deport legal residents over allegations of pro-terrorist views.
Miami Beach Mayor Withdraws Bill To Evict Theater for Screening No Other Land
The attempt to retaliate against a cinema for screening a documentary on the Israel-Palestine conflict drew national condemnation from civil rights groups and filmmakers.
Trump Is Explicitly Targeting Legal Residents Based on the Opinions They Express
The rationale for deporting Mahmoud Khalil is chillingly vague and broad.
Why We Don't Need the Department of Education
Plus: A listener asks the editors whether a Kamala Harris presidency would have been preferable.
First They Came For…
Plus: Democrats' filibuster hypocrisy, Trump bombs Yemen, March Madness, and more...
Anti-DEI Executive Orders Can Go Forward, for Now, Says Federal Appeals Court
A district judge had "found the provisions likely unconstitutional and issued a nationwide injunction" against them; the Fourth Circuit just stayed that injunction, pending full consideration of the issue on appeal.
TSA Screeners' Union Sues the Trump Administration for Violating Its First Amendment Rights
Passengers suing the TSA for First Amendment violations have had a rough time in court.
Utah Court Strikes Down Injunction Banning Speech "Annoy[ing] or Caus[ing] Distress" to Neighbor Running a Mental Health Residential Treatment Center,
but upholds limits on speech to plaintiff (or her visitors).
Georgia Antidoxing Bill Could Criminalize Everyday Criticism
The bill is a "law against criticism of any kind," according to a lawyer who testified against it.
The FCC's Show Trial Against CBS Is a Political Power Play
The commission’s partisan “news distortion” probe is trampling the First Amendment to pressure the press.
Mahmoud Khalil Is an Easy Call
The government's stated justification for deporting him is so unconvincing that it must not be allowed to stand.
Professor Can Continue with First Amendment Claim Over Denial of Raise for Including Expurgated Slurs on Exam
The Seventh Circuit so held yesterday; the case also involved other controversial statements besides the expurgated slur.
No Other Land Won an Oscar. Miami Beach's Mayor Is Trying To Evict a Movie Theater for Screening It
Miami Beach Mayor Steven Meiner says "disseminating antisemitism" in a taxpayer-owned building is "unjust to the values of our city and residents and should not be tolerated."
Study: Age-Verification Laws Don't Work
At least not if the goal is keeping minors from viewing porn.
A Nevada Math Professor Who Was Disciplined for Criticizing Curriculum Changes Will Get His Day in Court
The 9th Circuit revived a First Amendment lawsuit by Lars Jensen, who says his community college punished him for complaining about dumbed-down courses.
The Israel-Hamas Conflict Convinced College Adminstrators To Turn Away From Politics, New Report Shows
Just eight colleges had official neutrality policies before the attack. By the end of 2024, it was almost 150.
