Civil Liberties
Of Course, the Trump Indictment Is Political
Plus: A listener asks the editors if the nation is indeed unraveling or if she is just one of "The Olds" now.
Police Officers Charged With Murder in 'Smothering' of Virginia Man
"What I saw today was heartbreaking," said the victim's mother. "It was disturbing, it was traumatic. My son was tortured."
Biden Nominee to the First Circuit Faces Potential Democratic Opposition Over Abortion
A nominee's work defending a state parental-notification law in 2005 may be a stumbling block to his confirmation.
Justice Jackson Calls for Reining in the Use of Munsingwear Vacatur
The Court's newest justice questions whether her colleagues are too quick to vacate lower court decisions.
Federal Appeals Court Stops the 'Stop WOKE Act'
The 11th Circuit panel refused to lift an injunction against the law.
Britain's 'Lockdown Files' Reveal the Sordid Thinking Behind Pandemic Policy
Eye-opening insights into the messy motivations behind restrictive COVID-19 responses.
Do the 5th and 14th Amendments Impose Equivalent Due Process Limits on Court Jurisdiction?
U.S. Court of Appeals Judge Neomi Rao suggests the full court needs to consider this question en banc.
Who Owns Your Brain Data?
Nita A. Farahany's The Battle for Your Brain shows how neurotech can help, or hurt, human liberty.
Researchers Pressured Twitter To Treat COVID-19 Facts as 'Misinformation'
The latest Twitter Files shows a partnership between Stanford University researchers and government-funded organizations encouraged social media companies to police true information.
Large Libel Models: ChatGPT-3.5 Erroneously Reporting Supposed Felony Pleas, Complete with Made-Up Media Quotes?
[UPDATE: This article originally said this what ChatGPT-4 doing this, which was my error. But, as I note below in an UPDATE, ChatGPT-4 also erroneously reports supposed criminal convictions and sentences, complete with made-up quotes.]
An Oregon Man Was Wrongly Imprisoned for Almost a Year Because of an Error in a DMV Database
The Oregon DMV knew about the problem, but it "wasn't at a high enough level to understand the urgency" of the need to fix it.
International Criminal Court Issues War Crimes Arrest Warrant Against Vladimir Putin
The charge is the crime of illegal kidnapping and deportation of Ukrainian children.
Christopher Rufo Wants To Shut Down 'Activist' Academic Departments. Here's Why He's Wrong.
"Professors are not mouthpieces for the government," says FIRE's Joe Cohn. "For decades, the Supreme Court of the United States has defended professors' academic freedom from governmental intrusion."
America's Losing Its Free Speech Consensus
Americans shouldn't have to fight to the death to defend their foes' right to speak, but they should at least stop trying to censor, shame, shun and destroy each other.
In the Israeli Battle Over Judicial Review, Democracy Is the Problem, Not the Solution
Opponents of the reforms favored by Prime Minister Benjamin Netanyahu's coalition should acknowledge the threat posed by unconstrained majority rule.
Police Found a Blunt in Their Car. So They Seized Their Kids.
"Then my baby started crying so I reached for my son, and as I'm reaching, a man held me and told me, 'Don't touch him. He's getting taken away from you,'" said the children's mother.
James Madison's Decentralized Republic
The Constitution was intended to preserve state sovereignty, not create an all-powerful central government.
The Supreme Court Tackles the First Amendment Right To Encourage Illegal Immigration
Understanding what’s at stake in United States v. Hansen
How Should Law Schools Handle Protests at Student Events?
It may be too late for Stanford Law School, but it's not too late for other institutions of higher learning.
Texas Bill Would Create Unit of Unaccountable Border Cops
All officers and employees of the unit would “have immunity from criminal and civil liability” for performing the activities authorized by H.B. 20.
A Florida Bill To Censor Professors Just Got Even Worse
The bill now bans a battery of poorly-defined "Critical Theory" concepts, and prevents schools from funding programs that promote "diversity, equity, and inclusion."
Blame America's Air Traffic Control System for Your Flight Delay
In countries that privatized, there are fewer delays and costs are lower. But labor unions and the private plane lobby stand in the way.
House Republicans Pass Bill To Prevent Federal Meddling in Online Speech
The bill is overbroad and could have unintended consequences.
Bill Bratton: Fighting Crime Without Shredding Civil Liberties
The former head of the NYPD and the LAPD talks about how bad leadership creates police brutality and why he's still against pot legalization.
Women Who Get Abortions Could Be Charged With Homicide Under South Carolina Bill
Plus: ACLU sues over low-flying helicopter during protests, Canada's Online News Act, and more...
Louisville Police Abuses Show Civil Liberties Are Meaningless Without Accountability
Supervisors and judges tolerated outrageous constitutional violations, including illegal searches and brutal assaults.
Biden's Plan To Unilaterally Expand Background Checks for Gun Buyers Is Legally and Logically Dubious
The president wants to redefine federally licensed gun dealers in service of an ineffective anti-crime strategy.
My Forthcoming Article on "The Case for Expanding the Anticanon of Constitutional Law"
It argues for increasing the number of cases in the Supreme Court's "Hall of Shame" and proposes three worthy additions.
Texas Man Files Wrongful Death Lawsuit Against Friends Who Helped His Ex-Wife Obtain an Abortion
"I know either way he will use it against me.... And after the fact, I know he will try to act like he has some right to the decision," said the woman in text messages to her friends named as defendants in the suit.
Beauty Pageants Have First Amendment Right to Limit Contestants to "Natural Born Females": No Rehearing En Banc
The Ninth Circuit has just decided not to rehear this case, so the panel opinion remains the law.
Yes, There Are Libertarians During Bank Runs
Plus: The editors recommend the best books for sparking interest in free market principles.
Flaco, New York City's Escaped Owl, Is a Flying Free-Range Metaphor
In just two weeks, he has learned to hunt and survive. There's a lesson there.
The DOJ Says Marijuana Use, Which Biden Thinks Should Not Be a Crime, Nullifies the Second Amendment
Even as the president bemoans the injustice of pot prohibition, his administration insists that cannabis consumers have no right to arms.
North Carolina Using Eminent Domain To Seize Homes and a Church for Electric Car Factory
Under the Kelo v. New London Supreme Court decision, a state can take private land to give to a private developer for almost any reason it wants.
Five Women Sue Texas Over the State's Narrow Abortion Exception
The law allows abortions when there is a "medical emergency"—but what qualifies as an emergency?
N.Y. AG Appeals, to Defend Law Mandating Posting of "Hateful Conduct" Policies by Social Media Platforms (Including Us)
Volokh v. James going to the Second Circuit.
Credit Cards 'Pause' Efforts To Track Gun Purchases After Pushback
It’s a win for self-defense rights in ongoing campaigns to conscript businesses for political causes.
