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.
Civil Liberties
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.
250 Years Later, Benjamin Franklin's Warning Is Still Relevant
He famously said the Founders had created "a republic, if you can keep it." How have we kept it? And can we continue?
Defamation Claim Against University-Owned Public Radio Station Dismissed on State Sovereign Immunity Grounds
"Eby alleged an anonymous group of KWMU's staffers published an article on Medium.com [in 2020] accusing him of upholding 'white supremacy at the station by remaining complacent with the status quo.'"
How to Make Sure AI Doesn't Spy on Us or Kill Innocent People
If we want powerful AI systems to respect liberty, now is the time to train them to be more libertarian.
Texas Juries Decide Child Custody Cases
UPDATE: I've included a reader's pragmatic perspective on why many Texas parents choose not to ask for jury trials.
A SWAT Team Destroyed an Innocent Woman's Home. She's Been Waiting 6 Years for Justice.
Vicki Baker is more fortunate than several other similarly situated victims. But it took a very long time to get there.
A Florida Detention Center Was the Harshest in the Country. Then ICE Stopped Tracking Details on Use of Force.
Leaked reports showed troubling uses of force and restraint chairs at the Krome North Service Processing Center—until the details disappeared.
In New Hampshire, a Setback for Second Amendment Rights on Campus
A legislative effort to eliminate gun-free zones on public college campuses has died. But for its student sponsor, the fight isn’t over yet.
Trump's 'Anti-Weaponization Fund' Is Built on a Contradiction
The president has fought to make sure alleged victims of government misconduct cannot get compensation. What changed?
Law School Recommended Against Student's Bar Admission, Partly for Alleged "Celebration" of Charlie Kirk Assassination in Law School Clinic
The student sued seeking to undo the reprimand and report to the bar, but a federal court concluded that this particular remedy is barred by state sovereign immunity under the Eleventh Amendment/
Review: A Victim of Chinese Authoritarianism Explains Censorship and Surveillance
"A primary aim of censorship is to normalize itself," Ai Weiwei writes in his new book On Censorship.
The $1.776 Billion in Trump's 'Anti-Weaponization Fund' Fits a Pattern of Fanciful Figures
In one lawsuit after another, the president has claimed damages in amounts completely disconnected from reality.
The Supreme Court Protected Donor Privacy. The IRS Didn't Get the Memo.
The federal government is still fighting to collect nonprofit donor information despite Supreme Court warnings that such demands chill free speech.
Is the DHS Tracking ICE Critics? The Public Deserves Answers.
The DHS reportedly maintains a database tracking critics of the Trump administration’s immigration policies. Free speech advocates warn it could chill constitutionally protected speech.
Racial Slurs as Actionable Intentional Infliction of Emotional Distress
UPDATE: Link to transcript in the earlier criminal case, and quotes from the transcript, added
It's Not Just ICE Stockpiling Weapons—the IRS, EPA, and Other Feds Are Arming Up Too
An armed IRS agent roaming the streets should send shivers down the spine of any freedom-loving American.
The New York Times Sues Pentagon Over 'Retaliatory' Escort Requirement
The Pentagon instituted its new press rules in the fall, prompting a months-long legal battle over the First Amendment.
A Tennessee Man Jailed for 37 Days Because of an Anti-Trump Meme Will Get $835,000 for His Trouble
Perry County Sheriff Nick Weems preposterously claimed that Larry Bushart had threatened "mass violence" at a school.
"Plaintiff Was Enticed by an Attractive, Busty Jewess, and Wet His Mouth with a Drink of Partially Unknown Provenance"
"Plaintiff suspects he was poisoned by Jews."
