Check Your Authoritarian Blind Spot
And your friends' authoritarian blind spots, too.
Civil Liberties
Judge Explains First Amendment Basics to Wisconsin Sheriff Who Threatened Teen with Jail for Instagramming Her COVID Infection
No, law enforcement and school officials cannot order students to remove posts about exposure to the coronavirus.
Dump the Draft Forever Instead of Making Women Register
Why is registration for involuntary servitude still a thing?
"I Eat Ass" Bumper Sticker Might Be Obscene and Thus Constitutionally Unprotected
So holds a district court, concluding that the law is unclear enough that a police officer was entitled to qualified immunity based on his arresting a man for the sticker.
Sheriff Violated First Amendment by Ordering Teen to Take Down Post Saying She Had COVID
“Defendants may have preferred to keep Marquette County residents ignorant to the possibility of COVID-19 in their community for a while longer, so they could avoid having to field calls from concerned citizens, but that preference did not give them authority to hunt down and eradicate inconvenient Instagram posts.”
Libel in the Society for Creative Anachronism
An interesting example of libel that harms reputation within a social community, rather than professional or business reputation.
Government's Frivolous, Retaliatory Demand for Critic's Business Records May Violate First Amendment
"When ordinary people without legal training receive a demand from a government agency to produce tax returns and evidence justifying their business activities, a natural reaction is some degree of apprehension and defensiveness. Such concern is sensible because the transaction costs of dealing with a government investigation are never zero."
An Inmate Allegedly 'Leaking Blood All Over' Was Denied Medical Treatment for Hours. The Prison Guard Gets Qualified Immunity
The legal doctrine continues to render juries irrelevant.
House Votes To Make Your Daughters Eligible for the Military Draft
With minimal debate, Selective Service was doubled in a "must-pass" $778 billion defense bill.
Virginia Tech Computer Policy Banning "Intimidation, Harassment, and Unwarranted Annoyance" Is Unconstitutionally Vague and Overbroad
So holds a federal district court.
Tenure Review Files Can't Be Sealed in Academic Employment Discrimination Lawsuit
“Evidence about Penn’s treatment of other tenure candidates will be at the heart of the parties’ arguments.”
Can Universities Control the Operation of Municipal Zoning Ordinances?
A pending cert petition challenges a Bloomington zoning ordinance that requires a landlord to evict a derecognized fraternity
Now That Opponents of the Texas Abortion Ban Are Using Its Provisions To Defeat It, Pro-Life Activists Are Crying Foul
In the first two lawsuits filed under S.B. 8, all of the parties seem to think enforcement of the law should be blocked.
ACLU Thinks the Second Amendment Is a Threat to the First Amendment
"Restrictions on guns in public spaces are appropriate to make public spaces safe for democratic participation."
Proposed Local Facial Recognition Technology Ban Draws Fire
Protecting citizens from intrusive government surveillance is a virtue well worth signaling.
Whoops—No Gun Rights for Adults Under 21 After All, Says Court
Plus: ACLU rewrites Ruth Bader Ginsburg, theaters sue over NYC vaccine passports, and more...
Robby Soave: Today's Bipartisan Tech Panic Is Yesteryear's Freakout Over Video Games
The Reason senior editor argues that attempts to break up tech giants and rein in social media are based on flawed arguments.
Fourth Circuit Decision Affirming Second Amendment Rights of 18-20 Year Olds Vacated as Moot
The passage of time catches up with a potentially significant gun rights decision.
The DHS Agent Who Tried To Kill Kevin Byrd Can't Be Sued—Because He Works for the Federal Government
It's almost impossible to hold federal officers to account.
NYC Theaters Sue Bill de Blasio, Claiming Vaccine Mandate Obstructs Free Speech
The lawsuit argues the mandate leads to discrimination based on content of speech and type of speaker.
'Domestic Terrorism' Fears Will Be Used To Justify Increased Snooping and Harassment
The Biden administration is greatly increasing FBI caseloads and agents. That's bad news for anybody who is worried about federal overreach.
There's No Constitutional Right to Interracial (or Same-Sex) Marriage, Says the Architect of the Texas "Heartbeat Bill"
It's the one amicus brief supporting Mississippi's abortion restriction that takes a wrecking ball to the Supreme Court's fundamental-rights precedents
What the Briefs in Jackson Women's Health (Don't) Say about Same-Sex Marriage
For the most part, supporters of Mississippi's abortion ban in the Supreme Court are steering clear of Obergefell
First Abortion Doc Sued Under New Texas Law
Plus: The link between college and moral absolutism, environmental activists vs. Facebook, and more...
By Openly Defying the Texas Abortion Ban, a Physician Invites a Lawsuit That Will Make Constitutional Objections Unavoidable
Alan Braid says he broke the law, which prohibits the vast majority of abortions, to make sure it would be tested in court.
Inadequately Amend Your Complaint, End Your Complaint
Court dismisses Ice Cube's trademark lawsuit over Robinhood's use of his image and of a version of his "Check you self before you wreck yo self" line.
Court Rejects First Amendment Overbreadth Challenge to Ban on Obstructing Law Enforcement
The defendant is accused of spraying Portland police officers with bear spray at a protest outside the Immigration and Customs Enforcement building.
Allegations in Complaint Against Real Estate Agent Broadly Protected Against Libel Liability
So holds the Nevada Supreme Court, applying Nevada law.
Court Seals Name of Party, Orders Public Access Advocacy Group Not to Mention the Name
An interesting prior restraint case now being litigated in the Hawaii Supreme Court.
Terrible Supreme Court Decisions that Should be Added to the "Anticanon" of Constitutional Law—Part I
Constitution Day is a good time to consider the issue of whether we have been overly accepting of some horrendous Supreme Court precedents. The Chinese Exclusion Case of 1889 is a great example.
Florida Anti-Riot Law 'Violates the First Amendment,' Says Court in Scathing Rebuke of Gov. Ron DeSantis
The law's "vagueness permits those in power to weaponize its enforcement against any group who wishes to express any message that the government disapproves of," Judge Mark Eaton Walker warns.
The Justice Department May Have Found a Winning Argument Against the Texas Abortion Law
“The Supreme Court has repeatedly recognized the authority of the United States...to seek equitable relief to vindicate various federal interests and constitutional guarantees.”
Paycheck Protection Program Exclusion of Nude Dancing Establishments Likely Constitutional
So says the Seventh Circuit, agreeing with an earlier Second Circuit decision.
This Private Eye Was Denied a License Because He Criticized Police
Free speech and occupational licensing collide.
A Win for Devin Nunes in Lawsuit Over Journalist Ryan Lizza's Tweet
Plus: "The endless catastrophe of Rikers Island," studies link luxury rentals and affordable housing, and more...
2 Women Dated for Years. After It Ended, JMU Said Their Relationship Was 'Nonconsensual.'
"I'm not the only person that's been in a situation like this before," says Alyssa Reid, a former employee of James Madison University.
