Justice Kennedy: Draft Opinion Leak Was "Cowardly, Corrupt, Contemptuous Act."
The former Associate Justice joins those condemning the leak of a draft opinion.
Civil Liberties
Meet Newton Howard, the Brain Scientist Who Put Giant Transformers in Front of His D.C. Home
The Georgetown professor isn't a toy lover—he's trying to convey a philosophical idea about the nature of free will and the capacity of humans to remake the world around them.
Court Declines to Enter TRO Ordering Defendants to "Retract … Complaints … to Amazon"
The court so holds as a matter of the law of remedies, though I think such an order would generally be an unconstitutional prior restraint as well.
When Is it a Taking of Private Property to Bar a Property Owner from Excluding Unwanted Visitors?
Understanding the scope of Cedar Point Nursery v. Hassid.
Mainstream Political Argument Forbidden "in the Modern Public Square" of Facebook
Sen. Marsha Blackburn's "Biological men have no place in women's sports" post was apparently blocked as "hate speech."
Federal Court Sanctions MyPillow CEO Mike Lindell for "Frivolous" Legal Claims
A federal district court judge dismissed Lindell's counterclaims against Dominion and Smartmatic, and Lindell may still be on the hook for defamation.
Court Upholds Denial of Restraining Order for "Online Rants That [We]re False" About Petitioner
The trial court reasoned: "You guys ... have a spat on Facebook.... Nobody cares about these s[p]ats. Just block them and move on."
The Inevitable #MeToo Allegation Against Elon Musk Is Weak
It seems like an ambiguous episode that was handled appropriately.
U.S. Senate Candidate Alan Grayson Loses Libel Lawsuit
Criticism of Grayson (who's now running in the 2022 Florida Senate primary) in his losing 2018 House campaign was based on "articles by independent, reputable sources," and there wasn't clear and convincing evidence that the defendants knew their statements were false or likely false (the so-called "actual malice" standard).
Republicans Defend Texas Social Media Law—and Compelled Speech
Plus: Twitter defends user anonymity, Oklahoma legislature approves abortion ban, and more...
Thomas Massie Has a Point When He Says Congress' Antisemitism Resolution Has a Free Speech Problem
Massie was the only House member to vote against a resolution demanding social media companies do more to track and suppress antisemitic content.
New York Times Columnist Gail Collins Proposes a 'Simple Battle' To 'Get Rid of the Guns'
It's not clear which guns she is talking about, and even Collins does not seem to know.
Court Rejects Lawsuit Against Teacher's Aide Who Criticized Student Who Had Committed Suicide
The student's mother alleged that he had been bullied and the school district had done nothing to protect him; the teacher's aide responded in an online public discussion, saying (among other things) that the student had been doing the bullying; the parents sued.
"May Be The Most Helpful Brief I've Ever Read,"
said Judge Vince Chhabria (N.D. Cal.) about this amicus brief from Paul Alan Levy (Public Citizen) and Phillip R. Malone of the Juelsgaard I/P and Innovation Clinic (at Stanford).
The Buffalo Massacre Illustrates the Inherent Limitations of 'Red Flag' Laws
Predicting violence is a lot harder than people claim in retrospect, and a wider net inevitably ensnares more innocent people.
Nina Jankowicz's Faulty Record, Not Her Critics, Doomed the Disinformation Board
And The Washington Post's wildly one-sided account of Jankowicz's fall was an exercise in government PR.
Bitcoin: A Weapon for Peace in the Israel-Palestine Conflict
Activist Fadi Elsalameen says U.S. aid doesn’t help Palestinians because of corruption. They need monetary freedom.
Does the First Amendment Bar Public Schools from Removing Library Books Based on Their Viewpoints?
The Supreme Court split on this 4-4 in 1982, and the matter remains unsettled.
New York's Governor Wants to 'Silence' Constitutionally Protected Speech
In response to the Buffalo massacre, Gov. Kathy Hochul invoked a hoary analogy to justify censorship.
Special Signage Requirement for "Trans-Inclusive" Restrooms Unconstitutionally Compels Business's Speech
So holds a federal district court today; striking down a Tennessee statute.
Why Background Checks Do Not Stymie Mass Shooters
The vast majority do not have disqualifying records, and "universal" requirements are easily evaded.
Florida Bans Residential Picketing with "Intent to Harass or Disturb" -- but What Exactly Does That Mean?
A content-neutral ban on all residential picketing would be constitutional; but the "intent to harass or disturb" limitation may make the law unconstitutional or ineffective.
Former FDA Official: The Prohibition on European Baby Formula Isn't About Safety
"The knot in getting that product into the U.S. isn't safety, it's a regulatory issue," says Peter Pitts.
Repulsive Replacement Theory and Economic Delusions
Plus: The editors each point out one key disagreement they have with one another.
Why the Texas Social Media Law is a Menace to Freedom of Speech
The law forces social media firms to host and promote speech they oppose, and would set a dangerous precedent if upheld by the courts.
The First Amendment Protects the Right To Put a Tiny Penis on a Beer Label
A federal judge ruled Monday that North Carolina bureaucrats violated the Constitution when they tried to ban a Flying Dog beer over a possible penis on the label.
New York Gov. Kathy Hochul Blames the Buffalo Shooting on Social Media
"It's all induced by the internet," she said.
Grandmother of Dead Child May Post Child Protection Services Documents That Are Confidential Under State Law,
but that she received from the lawyers for the man accused of killing him.
Why New York's 'Assault Weapon' Ban Didn't Stop the Buffalo Massacre
The problem is not sneaky entrepreneurs who sell accessories; it's legislators who ban guns based on functionally unimportant features.
Buffalo Shooting Will Prompt Measures 'To Combat Domestic Terrorism,' Says Pelosi
Plus: Netflix defends artistic expression, perspectives on the baby formula shortage, and more...
Akhil Amar on the Draft Dobbs Opinion
A prominent progressive law professor challenges some of the prevailing orthodoxy on Roe, Dobbs, and Supreme Court precedent.
Linking Fired Women's Gymnastics Coach to Sex Abuser Larry Nassar Could Be "Libel by Implication"
So the Michigan Court of Appeals held Thursday, in a case brought by the former head women's gymnastics coach at Central Michigan University.
Is America's Primary Affordable Housing Policy Unconstitutional?
Pittsburgh-area developers argue in a new lawsuit that the city's requirement that they include affordable units in their projects is an unconstitutional taking.
He Was Sentenced to Death After Law Enforcement Fabricated Evidence. A Federal Court Says He Can Sue.
A conservative judge expressed skepticism at the panel's conclusion before issuing a strong rebuke of prosecutorial immunity.
Georgia Cops Rummaged Through Student-Athletes' Luggage in a Fruitless Search for 'a Little Bit of Marijuana'
When did the K-9 arrive? And what was the probable cause for the search?
Netflix Adds 'Artistic Expression' Policy, Says It Will Not 'Censor Specific Artists'
"If you’d find it hard to support our content breadth, Netflix may not be the best place for you," the company tells employees.
Race and Gender Checks Coming to a Boardroom Near You
New York City pressures Wall Street banks to report "self-identified gender, race and/or ethnicity of individual directors."
