Don't Hold Your Breath Waiting for a Post-Pandemic 'Return to Normal'
We’re likely to be poorer, distrustful, and less free for years to come.
Civil Liberties
The Government Can't Fix Social Media Moderation and Should Not Try
Democrats and Republicans both demand solutions that are inconsistent with the First Amendment.
Court Strikes Down Ban on Gun Acquisition by People Under Felony Indictment
An indictment for a crime, the court stresses, is very different from a conviction of the crime.
First Amendment Limits on State Laws Targeting Election Misinformation, Part II
An overview of state efforts to combat election misinformation.
Federal Judges Uphold Texas Law Regulating What Social Media Platforms May Censor
It’s a terrible ruling that misunderstands years of First Amendment precedents. And it’s increasingly likely that the Supreme Court will have to intervene.
First Amendment Limits on State Laws Targeting Election Misinformation, Part I
Although the federal government has largely stayed out of regulating the content of election-related speech, the states have been surprisingly active in passing laws that prohibit false statements associated with elections.
What Wikipedia Can Teach the Rest of the Internet
Jimmy Wales talks about why his online encyclopedia works, how to improve social media, and why Section 230 isn't the real problem with the internet.
Why the Florida and Texas Social Media Laws Violate the Takings Clause
They mandate occupation of private property without the consent of the owner.
British Cops Arrest and Threaten Anti-Monarchist Protesters
Anti-royalists are facing fines and jail sentences for disrupting ceremonial events
In South Carolina, What You Say During Protests Could Land You in Jail
Brittany Martin, who is pregnant, was sentenced to four years in prison after telling police they'd "better be ready to die for the blue. I'm ready to die for the black."
Are the Media Making Mass Shootings Worse?
Yes, according to a growing body of research, says criminologist Adam Lankford.
There's No Way FOSTA Isn't a First Amendment Violation, Says Lawsuit
The case is now on appeal after a lower court said the ban on websites promoting prostitution didn't concern protected speech.
Lindsey Graham's Proposed Federal Abortion Ban is an Unconstitutional Assault on Federalism - But it Might Fly Under Current Supreme Court Precedent
The problem is the Court's ultra-broad interpretation of Congress' power to regulate interstate commerce. But the justices might cut that back.
In Mississippi, Dozens of Mentally Ill People Are Held in Jails While Awaiting Inpatient Treatment
While a new report highlights Mississippi's jailing of mentally ill people, the practice is common nationwide.
Marco Rubio, Who Last Month Said Abortion Regulation Should Be Left to the States, Endorses a Federal Ban
The senator's avowed devotion to federalism is no match for his political ambitions.
National Abortion Ban Proposal Divides Republicans, Excites Democrats
Plus: Court-ordered "care," railroad strike averted (for now), and more...
Biden Administration Guts Due Process Protections for Students Accused of Sexual Misconduct
Under the new regulations, Title IX investigators can deny students access to the evidence against them.
Nicki Minaj v. "Nosey Heaux" Libel Lawsuit
"On information and belief, and as discovery will likely reveal, Green has been acting as a proxy for another performer who, mistakenly believing that she and Plaintiff are stars of equal stature, has repeatedly used other social media intermediaries in a hopeless effort to advance her career at Plaintiff’s expense."
Draft Motion to Get Access to an Interesting (but Sealed) Appellant's Brief in a First Amendment Case
Should an appellate court provisionally seal a brief until the case is heard on the merits? Or should it try to make a redacted version promptly available?
How Government Officials Bully Social Media Companies Into Censorship
A new Cato report sheds light on "jawboning," or attempts by state actors "to sway the decisions of private platforms and limit the publication of disfavored speech."
Lindsey Graham's Abortion Ban, Which Would Override State Laws, Shows Contempt for Federalism
The Republican senator improbably claims his bill is authorized by the 14th Amendment and the Commerce Clause.
Incarcerated Children in Texas Left Without Bathroom Access for 22 Hours
"This is inhumane," one child told state inspectors.
New Gun Store Tracking Code Deputizes Private Firms To Do Government's Bidding
Politicians bypass hard legislative work and constitutional protections to target activities they don’t like.
Biden's Sneaky Censors
Behind the scenes, federal officials pressure social media platforms to suppress disfavored speech.
Despite State Injunctions, Parents Say Texas Is Still Investigating Trans Kids for Potential 'Abuse'
When it comes to gender identity issues, some conservatives make a mockery of liberty and parental rights.
Federal Judge Blocks Arizona Law Making It Illegal To Film Cops Within 8 Feet
"The Court fails to see how the presence of a person recording a video near an officer interferes with the officer's activities," the judge wrote.
Republicans Set To Introduce National Late-Term Abortion Ban
Plus: Backdoor censorship on social media, how the airline bailouts failed, and more...
The Federal Trade Commission vs. the Internet
Data collection is not the same as surveillance.
"Americans Own Over 415 Million Firearms,"
"consisting of approximately 171 million handguns, 146 million rifles, and 98 million shotguns." There are also estimates of AR-15 ownership and ownership of magazines that hold over 10 rounds (which some state laws classify as "large-capacity").
The Supreme Court's Ruling in Bruen Was a Big Win for Gun Rights
You don't have to prove to a government official that you have “proper cause” to exercise your constitutional right, the Court ruled.
Do the Supreme Court's Low Approval Ratings Show it is Undergoing a "Legitimacy Crisis"?
The Court's popularity has indeed fallen. But its relatively low approval ratings are neither unprecedented, nor worse than those of the other branches of government.
21 Years After 9/11, TSA Still Insists on Grabbing Your Dick When You Fly
The Transportation Security Administration is one of the more useless, invasive appendages of the post-9/11 security state. It’s well past time to get rid of it.
Ohio Supreme Court Justice Expresses Doubt About Appellate Decisions About History in Second Amendment Cases
But wouldn't the arguments in the dissent equally cast doubt on all historical analysis in constitutional cases, or even statutory or common-law cases?
