In Kentucky, Legal Abortion Is on the Ballot
Voters will soon cast ballots on a constitutional amendment that seeks to explicitly remove any protections for abortion in the state's constitution.
Civil Liberties
Woman Reports Rape to Pennsylvania Cops, Winds Up In Prison for Prostitution
Plus: International attitudes about Russia and China, court rules against book publishers merging, and more...
Should Rap Lyrics Qualify as Evidence in Criminal Trials?
The music industry objects to the use of rap lyrics by prosecutors.
The Babylon Bee Joins The Onion in Decrying an Ohio Law That Makes Parody a Felony
The two fake news organizations want the Supreme Court to review the case of a man who was arrested for making fun of the police.
Title IX Due Process Protections Could Be Wiped Away by Education Department, Report Claims
"While the procedural protections currently in place are grossly inadequate, we may soon be calling these the 'good old days.'"
Twitter Was Toxic Long Before Musk Took Over
Plus: Hate speech is free speech, tax gap is stable, and more...
Twitter Was Already a Hellscape Even Before It Was Set Free
Plus: For Halloween, the editors describe what scares them most about politics and government right now.
The Supreme Court Could End Affirmative Action
In the two cases, brought against Harvard and the University of North Carolina, anti-affirmative action group Students for Fair Admissions argues that race-conscious admissions violate the Civil Rights Act
DHS Still Policing Disinformation Despite Dissolving Disinformation Governance Board
The Department of Homeland Security and the FBI regularly report misinformation and disinformation to tech companies for potential removal.
Court Adopts Narrow Approach to Pseudonymity in Title IX Wrongful-Discipline Cases
A federal judge suggested that plaintiffs can sue as John Does only to the extent that identifying them would also identify nonparties who want to remain anonymous (such as the students who accused the plaintiffs of sexual misconduct).
ATF, Enforcer of Gun Laws, Lost 'Thousands of Firearms, Firearm Parts' to Thieves
The agency should be abolished and its employees sent to seek jobs in the private sector.
Right to Videorecord in Public Places Includes Right to Videorecord Voters at Dropboxes
An interesting echo, I think, of NAACP v. Claiborne Hardware (1982).
Babylon Bee Files Amicus Brief in Support of Parody Rights -- and Doesn't File an Amicus Brief Opposing It
[NOTE: There is nothing parodic or facetious about any item in this post; it is entirely accurate. No, seriously, it is. Really, I mean it, really.]
Michigan Court Allows Town To Use Drones To Snoop Without Warrants. One Couple Is Suing.
The Institute for Justice argues evidence from warrantless searches can’t be used for zoning enforcement.
Musk Says He Bought Twitter 'To Help Humanity,' Pledges Not To Let It Become a 'Free-for-All Hellscape'
Plus: Charlottesville cracks down on city employee speech, judge dismisses "blackout challenge" lawsuit against TikTok, and more...
Yes, You Can Yell 'Fire' in a Crowded Theater
On Tuesday, Supreme Court Justice Samuel Alito repeated the common myth that "shouting 'fire' in a crowded theater" is unprotected speech.
Patent Law Opinion Can't Be Sealed to Avoid Hurting Plaintiff's Future Similar Lawsuits
[UPDATE: I've added comments from plaintiff's lawyer.]
Ninth Circuit Partly Affirms and Partly Reverses Judgment for Planned Parenthood Over Secret Recordings
"Journalism and investigative reporting have long served a critical role in our society. But journalism and investigative reporting do not require illegal conduct."
Court Upholds Removal of Child From Parents, Related to Child's Transgender Identity
The facts are complicated, and involve a good deal more than just disagreement as to gender identity; but it seems to me like an important controversy.
No First Amendment Right to Publish Videos of Depositions
A court may impose restrictions on redistribution of material obtained through court-ordered discovery (as opposed to obtained through other means)—though if the depositions are quoted in court filings or played in court, the material used would "become part of the public record, creating a presumption of public access."
A Federal Judge Says New York's Ban on Guns in Church Is Unconstitutional
The state made it a felony to carry handguns for self-defense in "any place of worship or religious observation."
Ex-Congressman Alan Grayson Loses Libel Claim Before Eleventh Circuit
"The defendants' [reliance] on ... source materials, including an official congressional report, articles in well-known newspapers and magazines, and police reports ... '... alone ... defeat[s] any claim of actual malice.'"
Ninth Circuit Reverses "Provisional" Sealing of Appellate Brief in Interesting Free Speech Case
Appellate briefs need to be treated as public documents, and (I argued) shouldn't be "provisionally" sealed for months or years without findings that such sealing (or, more often, redaction) is genuinely necessary.
You Do Not Need To Store Your Kids' DNA in Case of Emergencies
Fearmongering about mass school shootings leads to some dumb, privacy-threatening ideas.
Lawsuit by SJSU Professor Who Opposes "Repatriation of Native American Remains" Can Go Forward
Prof. Elizabeth Weiss claims SJSU retaliated against her for her speech.
#TheyLied Libel Claims Can Go Forward with Sufficient Evidence of "Actual Malice"
"We ... recognize ... that allowing this case to move forward could embolden abusers ... and could discourage victims and their families from seeking help. But, at the same time, we must acknowledge the potential for false accusations and the right that someone who is falsely accused has to recover for the harm thereby caused."
Church's Standard Commercial Lease Forbids "Offensive" "Activity"; Does That Cover Offensive Sermons
when the sermons lead to protests? That question is pending in Texas court.
Chris Rufo's Battle To 'Stop Woke'
Livestream with Nick Gillespie, Chris Rufo, and Zach Weissmueller's about Rufo's "counterrevolution" against wokeness
[UPDATED] Is Sixth-Grader Telling Classmate His Hairstyle Makes Him Look Like Trump "Harassment, Intimidation, or Bullying"?
UPDATE: But wait! It turns out the decision was overturned on appeal, see below. (I've changed the title to a question; it originally said such a statement was indeed "harassment, intimidation, or bullying," summarizing the initial decision.)
New Jersey Legislators Advance a Bill That Tramples on the Right To Bear Arms While Pretending To Respect It
Carry permit applicants would have to prove they are not dangerous, and guns would be banned from myriad locations.
Florida Corrections Officers Paralyzed A Man, Then Left Him in Solitary Confinement
Craig Ridley died after corrections officers paralyzed him in a beating then left him without medical care for days.
