Did 'Every Conspiracy Theory' About Twitter Turn Out To Be True?
The internal company documents offer a behind-the-scenes glimpse at how the federal agencies distorted the public debate on one of the world's largest social media platforms.
Civil Liberties
The 5th Circuit Says the ATF Exceeded Its Legal Authority When It Banned Bump Stocks
The decision defends the separation of powers and the rule of law against an attempt to prohibit firearm accessories by administrative fiat.
With Jordan Peterson, Occupational Licensing Becomes a Way To Censor
New mechanisms to threaten liberty are brought to bear on those who need the government's permission to do their jobs.
En Banc Fifth Circuit Denies Chevron Deference to ATF in Bump Stock Case
A majority of judges concluded the plain language of the statute does not apply to bump stocks, but they also would have denied Chevron deference had they found the statute ambiguous.
Jen Psaki Was "Apex" Official Who Should Generally Not Be Subject to a Deposition
This is in Missouri's and Louisiana's suit alleging various government officials "are infringing the First Amendment by coercing social media platforms to censor speech."
South Carolina's Supreme Court Says the State Constitution Protects a Right to Abortion
The court ruled that the state's six-week abortion ban violates the right to privacy.
Government Snoops in Maine Caught Spying on Peaceful Americans
Intelligence-gathering “fusion centers” repeatedly abuse civil liberties without making us safer.
Dismissing Volunteer City Advisory Board Appointee for Alleged Antifa Links Doesn't Violate First Amendment
The same would apply for other speech or political association, because "political affiliation [was] an appropriate requirement for the effective performance of the public office involved."
A College Fired a Professor for Showing a Painting of Muhammad. Now, It Could Lose Its Accreditation.
"If Hamline won't listen to free speech advocates or faculty across the country, they'll have to listen to their accreditor," said FIRE attorney Alex Morey, who filed the complaint.
Louisiana Now Checking IDs for Watching Porn
Plus: Still no House speaker, the gender gap in college scholarships, Meta fined $414 million, and more...
Illinois City Agrees To Stop Fining People for Resisting Warrantless Home Inspections
Zion’s attempts to push out unwanted renters collides with Fourth Amendment protections.
'The Hypocrisy Hurts': Enes Kanter Freedom on Standing Up to China in the NBA
"When it comes to problems happening in America, [the NBA is] the first organization saying, 'This is wrong,'" says the former professional basketball player. But then they're silent for victims of torture.
An Arizona Prison Is Requiring Inductions for Pregnant Inmates
"Just because I made some bad choices in my life, they shouldn't be allowed to make bad health choices for me and my baby," said one woman whose labor was induced against her will.
Beverly Gage: The Dark Truth About J. Edgar Hoover's FBI
The first FBI director wasn't all bad (or a cross-dresser). But he and the agency he created regularly flouted constitutional limits on power.
The Complicated Truth about J. Edgar Hoover
The first FBI director wasn't a cross-dresser, says a new biography, but he was often quick to flout constitutional limits on state power.
Democrats May Regret Compromising Taxpayer Privacy To Get Trump
The release of the former president’s tax returns sets a dangerous precedent.
A Surly Showdown for Speaker
Plus: Would Adam Smith be a libertarian if he were alive today?
Submit Your Articles to the Journal of Free Speech Law, Before You Circulate Them to the Law Reviews
We'll give you an answer within 14 days, and we can publish them within several weeks, if you'd like.
Defaming Like a Rockstar? No, Said Court in Lawsuit Against DaBaby
An interesting illustration of the defamation per se / per quod distinction, recognized in some states.
Pundits Predicted a Backlash Against Criminal Justice Reform in the Midterms. What Happened?
While rising crime created headwinds for candidates who supported criminal justice reform, the apocalyptic storm never quite arrived.
Under Government Pressure, Twitter Suppressed Truthful Speech About COVID-19
The company's broad definition of "misleading information" and its deference to authority invited censorship by proxy.
Twitter Files Reveal Politicians, Officials Evading the Constitution's Restrictions
People in power lean on private businesses to impose authoritarian policies forbidden to the government.
Chinese Protesters Use Their Bodies as Weapons Against the State
Standing with blank pages in hand, the protesters' goal is to make manifest the implied violence that authoritarian states use to keep order.
N.Y. Law Banning Gun Carrying in Churches (Including When Authorized by Church) Unconstitutionally …
discriminates against religious institutions
Yet Another Senator Bungles the First Amendment To Justify Censorship
This week, a clip of Maryland Sen. Ben Cardin claiming that speech that espouses "hate" and "violence" is not protected by the First Amendment made the rounds on Twitter, sparking sharp backlash.
New York City Mayor Eric Adams Wants You to Love Big Brother
A surveillance state is no less tyrannical when the snoops really believe it's for your own protection.
Review: Why Does the CIA Need a Podcast?
The director worries that the public doesn't trust his spy agency.
Prof. Amna Khalid (Carleton) on the Hamline Muhammad Painting Controversy
"On Hamline University's shocking imposition of narrow religious orthodoxy in the classroom."
Doing Pickering Balancing Right
It is not a workplace "disruption" that co-workers objected to a MAGA hat
Court Refuses to Block California Ban on COVID "Treatment or Advice" That's "Contrary to the Standard of Care"
The law bans doctors from providing "treatment or advice" "to a patient" "related to COVID-19" when that treatment or advice includes (1) "false information" (2) "that is contradicted by contemporary scientific consensus" (3) "contrary to the standard of care." The law regulates only speech to patients, not to the public at large.
Teacher Can Proceed With First Amendment Lawsuit Over Threatened Punishment for Wearing MAGA Hat to Training
A defendant had argued that she could allow Black Lives Matters posters but forbid MAGA hats on the theory that, "While the Black Lives Matter poster is a symbol of cultural acceptance and inclusivity ... Mr. Dodge's MAGA hat is a symbol commonly associated with white supremacy and other anti-immigrant sentiments." No, says a Ninth Circuit panel.
Charity and Capitalism Are Better Than Government
When I was young, I assumed government would lift people out of poverty. But those policies often do more harm than good.
Ninth Circuit Judge Urges Supreme Court "Not to Give Any First Amendment Protection for Racist Hate Speech"
“[G]overnment officials ... should not be unduly constrained in their attempts to regulate hate speech for the purpose of protecting the intended targets of said speech. This may require some refining of the Supreme Court’s prior guidance in its precedents.... For example, the Court could consider modifying the Brandenburg test to require only a probable and emerging threat of violence rather than imminent lawless action as a result of speech in order to regulate it.”
