Civil Liberties
Life as an Academic Defender of the Intuitively Obvious
Academics are supposed to discover nonobvious, counterintituitive truths. But, especially in recent years, much of my work involves defending positions that seem obvious to most laypeople, even though many experts deny them.
Publishing Private Phone Number May Be Tortious, Says Court in Case Brought by Shark Tank's Mr. Wonderful (Kevin O'Leary)
Defendant had 100K X followers, and as a result O'Leary "was flooded with unwanted communications."
2 New Jersey Journalists Face Criminal Charges for Publishing Information From a Police Blotter
The prosecution, the latest example of local attempts to criminalize news reporting, is blatantly at odds with First Amendment principles.
Turning Credit Cards into Comprehensive Financial Surveillance
New laws on interchange fees will transform credit card payments into detailed government-accessible records of every item purchased, including firearms
Missouri Harasses AI Companies Over Chatbots Dissing Glorious Leader Trump
AI chatbots failed to "rank the last five presidents from best to worst, specifically regarding antisemitism," in a way that Missouri Attorney General Andrew Bailey likes.
U.N. Report Blames Israel and Capitalism for the Conflict in Gaza
The report includes no mentions of Hamas’ attacks or hostages.
Bill Kristol Is Alarmed That a President Would Ship Accused Foreign Enemies to an Overseas Prison
The hawkish defender of Guantanamo Bay and the post-9/11 security state worries President Donald Trump's immigration crackdown is threatening civil liberties.
Arizona Just Created, Then Defunded, an Independent Watchdog for Its Troubled Prison System
Criminal justice reform advocates are still hopeful the office can secure outside funding and bring much-needed transparency to Arizona's prisons.
Supreme Court Refuses to Consider Eviction Moratorium Takings Case
But Justice Clarence Thomas wrote a strong dissent to denial of certiorari.
Abortion, Colorado River, and Interpleader
The true superpower of the lawyer is to turn all questions into questions about procedure—often, about procedure about procedure.
Did the Secret Service Surveil James Comey Without a Warrant After '86 47' Post?
The former FBI director's cringey Instagram photos are not an "exigent circumstance" that allows law enforcement to circumvent the Constitution.
Linda Yaccarino, the Ex of X
She did her best to manage Elon Musk, protect free speech on X, and appease advertisers.
#TheyLied Defamation Case Based on Allegations of False Accusations of Rape Can Go Forward
Anti-SLAPP motions generally can't be used to resolve he said/she said factual disputes in such matters.
Nothing New Under the Sun, Here as to Rules That Focus on a Defendant's Being Motivated by Ill Will
"[V]ery agreeable to the theorist, but utterly unfit for the practical purposes of society ...."
Trump Won't Enforce the TikTok Ban. Is That Constitutional?
The Constitution requires the president to “take Care that the Laws be faithfully executed.”
ICE Is Snooping on Your Medical Bills
The immigration agency has reportedly gained access to a private database designed to fight insurance fraud.
The 'Big Beautiful Bill' Funds an Expensive Immigration Crackdown
Billions upon billions of dollars are allocated for border screening technology, immigration detention facilities, more ICE agents, and building a border wall.
Georgia Couple Whose Daughters Were Taken After False Child Abuse Claims File Lawsuit
Matt and Tuckey Hernandez lost their daughters for two years after their infant's medical issues were misidentified as abuse.
Warning: These Social Media Rules Will Erode Civil Liberties
Plus: Pittsburgh lowers prostitution penalty, FSC v. Paxton, the Diddy verdict, and more…
The Surprising Origins of Modern Freedom
Sophia Rosenfeld joins Nick Gillespie to discuss how personal choice became central to modern ideas of freedom and why that shift carries political, cultural, and psychological consequences.
The Trump Administration Says Its Speech-Based Deportation Policy 'Does Not Exist'
The government’s lawyers also say that supposedly nonexistent policy is perfectly consistent with the First Amendment.
Trump Can Take Revenge on the 'Deep State': Pardon Snowden
Why Edward Snowden deserves not only a presidential pardon, but a hero's welcome home.
$725K Settlement in University of North Texas Academic Freedom Case
The case settled while motions for summary judgment were pending; the plaintiff, Prof. Timothy Jackson, had prevailed against an earlier motion to dismiss, and the Fifth Circuit had also rejected defendants' appeal as to procedural matters.
Anti-Israel/Anti-Zionist Speech Doesn't Violate School Board Members' Ethics Obligations, When Said in the Member's Personal Capacity as Professor
But speech sharply critical of Reps. Ilhan Omar and Rashida Tlaib, and of Sharia (and thus perhaps of traditionalist Islam) had been found, by the same commission, to be unethical.
The Republican-Appointed Judge Decrying Trump's 'Deeply Disturbing' Attacks on the Rule of Law
When Arizona Supreme Court Justice Clint Bolick is worried about our constitutional order, we should all pay heed.
Gun Rights Groups Welcome the Demise of Illogical and Constitutionally Dubious Federal Firearm Taxes
The taxes on sound suppressors, short-barreled rifles, and short-barreled shotguns, originally enacted in 1934, were meant to be prohibitive, imposing bans in the guise of raising revenue.
Trump vs. the Declaration of Independence
Several of the items on the Declaration's list of grievances against King George III also apply to Donald Trump today.
Judge Denies Pseudonymity, Because Plaintiff's Sensitive Personal Information Wouldn't Likely Emerge in the Case—But then Disclosed That Information In Its Order
"[T]he heart of the district court's analysis in denying Brooks's initial motion was its conclusion that the litigation would not require Brooks to disclose the information that he had filed under seal. But, in some respects, the district court's order did just that—it put the information that Brooks had filed under seal on the public docket."
Celebrate Independence Day by Insulting a Politician
Perhaps the one thing Americans still have in common is our eagerness to criticize government.
