The Clarence Thomas Court Is Good News for Gun Rights, Bad News for Criminal Justice Reform
Like it or not, the Thomas Court is here.
Civil Liberties
Cop Who Killed Tamir Rice Briefly Hired by Small Pennsylvania Town
After community outrage and the mayor saying he wasn't told about Timothy Loehmann's policing background, the officer withdrew his application.
Court Rules for Student Free Speech as to Off-Campus "Me and the Boys Bout to Exterminate the Jews" Post
“Defendants cannot claim a reasonable forecast of substantial disruption to regulate C.G.’s off-campus speech by simply invoking the words ‘harass’ and ‘hate’ when C.G.’s speech does not constitute harassment and its hateful nature is not regulable in this context.”
The Troubling Meaning of the 'We Will Adopt Your Baby' Meme Wars
The debate isn’t a panorama of the whole American abortion war, but it is a snapshot of a key battle after a surprise victory, and it shows no path to peace.
Two Cases Reject Pseudonymity for Porn Copyright Infringement Defendants
The split in the cases grows.
Elected Official vs. [Chocolate] Dick At Your Door
Ventura County Supervisor Linda Parks sues a company that's in the business of delivering "chocolate Dick[s]," "offensive 5 inch chocolate phallus[es] with no redeeming social qualities, whatsoever."
When Spiegelman's Maus Was Challenged, Sales Spiked
How school board members lashed out against dirty words
Threatening to Disclose That Someone Had Been Molested Isn't Criminal Harassment (in N.Y.)
Plus a nice catalog of how high the bar can be for punishable threats under New York law.
India Wants Twitter To Participate in Government Censorship
Social media platforms may marginally support free speech. Government censors are trying to stop that.
Good Thing the United Cajun Navy Apparently Has a JAG Corps
An interesting threats case, from the Louisiana Court of Appeal
How Would You Change the Constitution?
I asked scholars, podcasters, and passersby how they'd change the nation's founding charter. Here's what they told me.
Blocking a Highway Is Not a Legitimate or Effective Form of Protest
Climate protesters who blocked an interstate outside D.C. likely cost a man his parole.
Brian Doherty: From MAD Magazine to Maus
A new history, Dirty Pictures, explores how underground comix revolutionized art and exploded censorship once and for all.
National Constitution Center Releases Reports on "Restoring the Guardrails of Democracy"
The project includes reports by conservative, libertarian, and progressive teams. I am coauthor of the Team Libertarian report.
Why Didn't a 'Red Flag' Law Prevent the Illinois Mass Shooting, and Would New Federal Rules Have Mattered?
The answers underline the limitations of laws that aim to prevent this sort of crime by restricting access to firearms.
New Supplemental Materials on American Constitutionalism
Over 150 new edited documents in the 2022 update to Gillman, Graber, and Whittington's American Constitutionalism
Seizing Russian Assets Violates the 'Fundamental Right' to Property, Says Swiss President
"You have to ensure the citizens are protected against the power of the state. This is what we call liberal democracies."
After a SCOTUS Rebuke, New York Imposes Oppressive New Restrictions on the Right To Bear Arms
"I don't need to have numbers," Gov. Kathy Hochul said when asked about the evidence supporting the law.
LAPD's Militarized Response to Peaceful Abortion Protests Makes the Case for Police Reform—Again
Reforms promised after Black Lives Matter protests in 2020 are not being followed by Los Angeles police.
Federal Court of Claims Rejects Takings Claims Against CDC Eviction Moratorium
But it does so on the ground that the moratorium was never properly "authorized," not because a moratorium could never be a taking.
Brittney Griner's Russian Detention Is a Reminder of What Happens When You Declare War on Drugs
The WNBA player has been detained in Russia on drug possession charges since February.
Lawsuit by Tara Reade (Who Accused President Biden of Sexual Assault) Against N.Y. Times Dismissed
Reade sued over the Times' including a portion of her social security number in a photo of her federal identification card accompanying a story. A federal court has rejected her claim, and she may also be required to pay the Times' legal fees.
The Social Media Mob vs. the Novel
Are “extremely over-sensitive, Twitter activist people" ruining literature?
Slippery Slope Arguments in History: The 1950s and Restrictions on Communist Speech
"Nevertheless, this Court still sits!"
Chicago Area Fourth of July Shooting Leaves 6 Dead, Dozens Wounded
Plus: Inflation eats up Americans' savings, copyright officials want to protect your fireworks photos, and more...
America's Founders Raged Against Qualified Immunity, Trade Restrictions, and Anti-Immigrant Policies
Hey, we're still mad about those things today!
How the Conservative Supreme Court Is Changing America
Leading libertarian legal scholar Randy Barnett talks about abortion, gun rights, and worrying trends at the highest court in the land.
Another Decision Against Sealing Records in Libel Cases
Litigating defamation claims "in secrecy to avoid any potential embarrassment to" their subjects "directly contradicts the presumptive right of public access to pleadings and judicial proceedings."
S. Ct. Marshal Asks for Enforcement of Md. Residential Picketing Ban; but that Ban Is Likely Unconstitutional
But the Montgomery County residential picketing ordinance, also mentioned in the marshal's letter, is likely fine.
After Uvalde, Politicians Push Irrelevant Gun Control Proposals
The gun control policies under discussion are fundamentally ill-suited to prevent mass shootings.
SCOTUS Vacates 4 Decisions Upholding Gun Control Laws Whose Constitutionality Now Looks Doubtful
The Court told appeals courts to reconsider their conclusions in light of last week's ruling against New York's restrictions on public possession of firearms.
No-Contact Order Against Law Students (and Professor) Based on Conversation About Homosexuality and Bible …
likely unconstitutional, holds a federal district court.
