Trump's Position in the White House Ballroom Case Reflects His General Resistance to Judicial Review
The president has repeatedly argued that courts have no business deciding whether his actions are legal.
Civil Liberties
My New Washington Post Op ed on NYC Mayor Mamdani's Unconstitutional Housing Policy
His plan to expropriate rental housing violates the Takings Clause, and would exacerbate the City's housing crisis rather than alleviate it.
Nude Shrek Text to Ohio State Senator Reportedly Lands Blogger in Jail
Free speech experts say the “Shrext” is protected by the First Amendment.
DHS Says It Has 'Zero Tolerance' for Protesters' 'Verbal Assaults.' Here's What the Law Says.
Protesters continue to clash with law enforcement outside the Delaney Hall immigration detention facility, but questions remain over whether DHS policies comply with First Amendment law.
"Plaintiff Also Alleges That the Grammy Awards 'Have Become a Public Nuisance' and Are 'Committing Industrial Espionage'"
Plus, the Alien and Sedition Acts.
Penis Measurements Cannot Justify a Sex Offender's Indefinite Detention, South Carolina's Top Court Says
The court unanimously ruled that penile plethysmography is unreliable and inadmissible as evidence of recidivism risk.
Stephen Miller and Pete Hegseth Are Wildly Misleading About Section 702 Warrantless Surveillance
Miller says it is "madness" to expect law enforcement to get a warrant before spying on Americans' electronic communications.
In Lawsuit Over Construction Raids, DHS Official Testifies ICE Agents Can't Trust REAL IDs
A Homeland Security official's testimony that ICE agents couldn't rely on REAL IDs as proof of citizenship led a federal judge to reply, "Help me understand how that makes sense."
Bernie Sanders' Dangerous and Unconstitutional Plan to Expropriate AI Firms
The plan to seize 50% of AI firms' stock violates the Takings Clause of the Fifth Amendment. It would also create dangerous government control over a vital industry, in ways similar to Trump's policies.
Court Dismisses Fraud Claim Against N.Y. Times Over "Young, Old, and Sick Starve to Death in Gaza" Photo
Among other things, plaintiff failed to allege "that the alleged fraudulent conduct induced ... the plaintiff into purchasing merchandise."
Plaintiffs Lack Standing to Sue over Notre Dame Law Clinic's Filing Amicus Brief Condemning China's Actions Towards Uyghurs
The plaintiffs had asked for (among other things) "$1.00 as an apology to every Chinese people live in mainland China, total $1.41 billion."
Most Civil Forfeiture Victims Never See the Inside of a Courtroom
Modest reforms have helped, but civil forfeiture remains legalized theft by government agencies.
D.C.'s Crime Drop Didn't Require a Military Deployment
A new study finds the National Guard deployment to Washington, D.C., cost taxpayers over $300 million and failed to return even $1 for every dollar spent.
Lawsuit Says a Memphis Police Task Force Waged a Harassment Campaign Against People Who Filmed Them
The American Civil Liberties Union is asking a judge to block the Memphis Safe Task Force from retaliating against anyone who exercises their First Amendment right to record the police.
More on the Southern Poverty Law Center Allegedly Funding the American Nazi Party and Other Racists
"[The National Socialist Party of America leader] used [SPLC] donors' money to, among other things, travel to extremist rallies, host extremist rallies, donate money to leaders of other extremist organizations, recruit new members into his extremist organization, publish racist and extremist material for the purpose of recruiting new members, both inside and outside of prison, and create racist paraphernalia to sell at rallies to raise more money for his extremist organization."
CBP Agents Violently Arrested This Chicago Woman. Now She's Seeking $10 Million in Damages.
Debbie Brockman, a U.S. citizen, was held in federal custody for seven hours and released with no charges after her arrest by immigration agents last October.
This Social Worker Wants To Help Kids With Special Needs. Louisiana Won't Let Her.
The state requires that people prove certain businesses are needed. How to do that is another question entirely.
Free Speech Unmuted: The First Amendment and Privacy Rights
Jane Bambauer and I explore the uneasy collision between free speech and privacy law—from anonymous pamphlets and wiretaps to revenge porn, hidden cameras, Hulk Hogan, and whether anyone truly owns their own name or life story.
Court Issues Temporary Restraining Order Protecting Group Flying "8647" Flag
The flag, in context, likely doesn't fit within the First Amendment exception for true threats of illegal conduct or incitement of illegal conduct. [UPDATE: I had originally called this a preliminary injunction, but it is technically a temporary restraining order.]
"Disturbing Lawful Meeting" Doesn't Need to Be "Substantial" to Be Criminal, at Least if a "Purpose to … Disrupt" Is Shown
So holds the Ohio Court of Appeals, interpreting the Ohio disturbing-lawful-meeting statute.
Thomas and Alito Shortchange the Bill of Rights in Another Criminal Justice Case
Plus: a few words about my new book
Why did the FBI Want Dilbert Creator Scott Adams' Twitter Data?
The cartoonist caught the FBI’s attention over a bizarre scheme involving Matt Gaetz, a CIA agent held captive in Iran, and a Florida fraudster.
Shame on the U.K. for Censoring Hasan Piker and Cenk Uygur
"This ban is completely unfounded and must be reversed," writes Shabbos Kestenbaum.
"ICE Expected the Court to Accept … [Its] Basis for Detaining Petitioner, but Shield Its Rationale from the Court"
"Such practices are repugnant to the rule of law, and ICE is warned that further obfuscation and misuse of sealing and redaction before the undersigned will lead to sanctions against the agency."
DHS Can't Decide If There's a Hunger Strike Going on at a New Jersey Detention Center
Trump administration officials say there's no hunger strike at the Delaney Hall detention center in New Jersey, but they'll force-feed detainees if it gets bad enough.
No Pseudonymity in Lawsuit by Inmate Who Claims Detectives Endangered Him by …
actions signaling that he might have sent law enforcement information about another inmate.
Conviction for Antifa Conspiracy to Riot Upheld, Despite Claim of Mental Disorder
"This is sociopolitical behavior," the trial court held, "not the behavior one would engage in when he [has PTSD]."
