Was Censorship the Greatest COVID Threat to Freedom?
It wasn't just autocrats who were frequently tempted to address "fake news" about the pandemic through state pressure and coercion.
Civil Liberties
Politico Symposium on Broader Implications of the Leaked Supreme Court Opinion Overruling Roe v. Wade
Various experts, including co-blogger Josh Blackman and myself, discuss whether the draft opinion would threaten other constitutional rights, if adopted by the Court.
Will People Vote With Their Feet for Abortion Rights in a Post-Roe World?
The answer to this important question is highly uncertain. I tentatively predict a significant, but still modest, increase in abortion-driven migration.
Josh Blackman: Sam Alito, Roe v. Wade, and Libertarians
Does returning decisions about abortion to the states increase liberty or shrink it?
Do Americans Who Support Roe v. Wade Understand Its Implications?
Although recent polls show a majority thinks the abortion precedent should be preserved, some respondents seem confused about what that would mean.
A Qualified Defense of Letting States Decide on Abortion
Fewer Americans would be forced to live under a legal regime, imposed from on high, that is contrary to their convictions on a matter of life and death.
D.C. Police Department Allegedly Has Policy of Delaying/Denying FOIA Requests That May Lead to Criticism
A district court just allowed a First Amendment challenge to this policy to go forward.
Alito's Draft Opinion That Would Overturn Roe Is a Disaster of Legal Reasoning
Plus: How abortion used to be less partisan, NFT sales have plummeted, and more...
The Biden Administration Sees Free Speech As a Public Menace
The alarm aroused by the Disinformation Governance Board is understandable given the administration’s broader assault on messages it considers dangerous.
The Impact of Overturning Roe v. Wade Will Be Less Dramatic Than Abortion-Rights Advocates Fear
Abortion is likely to remain legal in most states, and workarounds will mitigate the effects of bans.
Cops Who Arrested Man Over Fake Facebook Page Get Qualified Immunity
Anthony Novak's arrest and subsequent lawsuit set up a debate around overcriminalization and free speech.
Could Congress Ban Abortion Nationwide if Roe Gets Overruled?
Under current Supreme Court precedent, the answer is probably "yes." But that precedent might not hold, thanks in part to Clarence Thomas.
Don't Prosecute the Supreme Court Leaker
If the leaker's identity is ever revealed, he or she will face serious professional and reputational sanctions. There's no need to wish for criminal punishments too.
Will a Conservative Supreme Court Turn on Gay Rights After Dismantling Roe? Be a Skeptic
Gorsuch just penned an important pro-LGBT decision two years ago. Americans are largely not interested in relitigating this issue.
The Disinformation Panic
This “unprecedented crisis for democracy” is neither unprecedented nor a crisis for democracy.
What the Leaked Abortion Opinion Gets Wrong About Unenumerated Rights
The Constitution protects many more rights than it mentions.
Leaked Abortion Opinion 'Is Authentic,' Confirms Supreme Court
But the leaked opinion is not “the final position of any member on the issues in the case.”
The End of Roe? Everything You Need To Know About the Leaked Supreme Court Draft Opinion
Plus: Boston rebuked for rejecting Christian flag, Google will remove more personal information, and more...
Sign Restriction That Excludes Holiday Signs Is Unconstitutionally Content-Based
A “30-by-50-foot flag saying, ‘TRUMP 2020 Keep America Great’” was therefore wrongly forbidden by the City of Buffalo (Minnesota).
Why Did Pandemic Authorities Treat Tattoo Shops Like Titty Bars?
"Government restrictions came in, which literally shut us down," says Paul Smith, who co-owns Red Stag Tattoo in Austin, Texas.
Boston Can't Exclude Christian Flag from City Hall Flagpole When It Allows Many Other Groups to Fly Flags
So the Supreme Court held this morning, though it made clear that a city could pick and choose which flags it flies, if it makes clear that the flags are its own speech.
Supreme Court Rules Boston Was Wrong To Bar Christian Flag From City Hall
The justices unanimously agree that the city was not endorsing the flags, and that therefore it couldn’t exclude religious organizations.
Homeland Security Chief Admits New Disinformation Board Already Did a Bad Job of Informing Public
Alejandro Mayorkas fails to inspire much confidence in the new group run by Nina Jankowicz.
The FBI Secretly Searched Americans' Digital Communications 3.4 Million Times Last Year
Plus: A questionable algorithm can sic state social workers on families, governments aren't the only entities that can expand contraceptive access, and more...
Rape Victim Asks Court to Retroactively Redact Name from 16-Year-Old Opinion
Court redacts the name from the court-hosted official record, but refuses to order private sites to remove it.
Jimmy Wales: What Wikipedia Got Right About Social Media
The co-founder of "the free encyclopedia that anyone can edit" talks about the power of decentralization and the rise in subscription models for journalism.
New DHS Board Seeks To Counter What It Thinks Is Disinformation
The board's head says she is dedicated to "protecting free speech," but she has also expressed direct opposition to "free speech absolutists."
AOC Defends Due Process as Colleagues Greenlight Asset Seizure Bill
Plus: Homeland Security's new Disinformation Governance Board, the FDA's menthol ban, and more...
Europe Escalates the Threat to Online Free Speech
While Americans debate what should be allowed on social media, the EU wants government to decide.
Time Is Running Out for South Carolina's Over-the-Counter Birth Control Bill
The Pharmacy Access Act is good policy stuck in legislative limbo.
Wikipedia's Jimmy Wales Has Already Solved the Internet's Problems
The online encyclopedia's decentralized, Hayekian approach provides a model for Elon Musk as he assumes control of Twitter.
A Different Sort of "Don't Say Gay"
A public school banned a "homosexuality is a sin" T-shirt on the grounds that it mentions "sex."
Continuing to Send Unwanted Political Mailings to a Business Isn't "Harassment" Under Minnesota Law
So holds the Eighth Circuit, even though a state trial court had indeed enjoined the Christian Action League's mailings under that law.
