This Was the Moment the COVID-19 Experts Betrayed Us
A special six-year anniversary.
Civil Liberties
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]."
The FCC Wants Warning Labels for Shows With 'Transgender' Content
But free speech advocates are pushing back.
Libel Suit by "King of Vape" Against N.Y. Post, Over Allegations of Misconduct and Anti-Israel Actions, Thrown Out
"Plaintiff's allegations in [an earlier] complaint let the cat out of the bag that he is a public figure. He cannot put the cat back into the bag in the hope of keeping his case alive."
Trump Loves Accusing Critics of Treason. U.S. Law Makes That Charge Hard To Prove—for Good Reason.
The president’s habitual attempts to criminalize dissent hark back to tyrants of yore.
Markwayne Mullin's Less 'Flashy' DHS Is Using the Same Thuggish Tactics
Mullin's latest idea is to stop processing international arrivals at airports in sanctuary cities.
Panel on Free Speech at the Library of Congress This Tuesday (June 2), 5:30 to 7:30 pm (Moderated by David Lat)
Mary Anne Franks (GW), Emerson Sykes (ACLU), and I will be discussing a wide range of free speech matters.
Should You Be Allowed To Sell a Kidney? Economist Explains 'Repugnant Markets'
Alvin Roth, Nobel Memorial Prize–winning economist, wants us to think more about how controversial freedoms can become commonplace.
Rejected Search Warrant Applications Raise Further Questions About the Federal Case Against Don Lemon
After a magistrate judge said a DHS investigator had failed to establish probable cause, the government decided it did not need the YouTube and iPhone records after all.
New York Legislators Seek Broader Anti-Shackling Protections Following Courtroom Birth in Brooklyn
New York lawmakers want to close loopholes in anti-shackling laws to protect incarcerated pregnant women.
Thomas and Alito Take a Regrettable Position in a Qualified Immunity Case
The two judicial conservatives continue to disappoint criminal justice reform advocates.
Leaked Plans Show School Buses Could Become Roaming Surveillance Vehicles
The documents reveal BusPatrol’s plan to equip tens of thousands of school buses with license plate readers and share the data with law enforcement.
The Other Vindictive Part of Kilmar Abrego Garcia's Case
A judge last week threw out a criminal indictment against him on the grounds that it was tainted by vindictiveness. But that same spirit infects another part of his story that few people have discussed.
DoJ Sues UCLA for Allegedly Tolerating Discrimination and Harassment Against Jews and Israelis, Seeks Return of Federal Grants
The lawsuit asks the court to (among many other things) "Rescind and award to the United States restitution of all grant payments made to UCLA during the time of UCLA’s noncompliance with Title VI."
Does Reporting Bad News About the Iran War Make You a Foreign Agent?
The Trump administration invokes the notoriously vague FARA to threaten a critic.
Ken Paxton's Primary Victory Shows How Trump's Grudges Undermine His Party's Interests
The president's last-minute endorsement of Paxton was driven by his petty grievances against incumbent Sen. John Cornyn, who was clearly the safer bet to retain the seat.
Anti-Tech Extremism Worries the Same Federal Government That's Been Fueling Anti-Tech Extremism
Plus: Plan B for STIs, justifying "deadly force" to protect fertilized eggs, and more.
How Moral Panic Creates Black Markets
Nobel Prize-winning economist Alvin E. Roth discusses the moral limits of markets, how bans create black markets, and why harm reduction often works better than prohibition.
