Eighth Circuit Rules Eviction Moratoria are Likely to be Takings Requiring Compensation Under the Fifth Amendment
The court based its decision on the US Supreme Court's 2021 decision in Cedar Point Nursery v. Hassid.
Civil Liberties
Calling Police Officer "Pig," "Terrorist," "Punk Ass," and "Bitch" in Facebook Comments Not Obscene After All
So a federal district court held, reversing an earlier magistrate judge ruling on this point; the court also rejected the view that the Free Press Clause only protects "members of the press."
The New Campaign for a Sex-Free Internet
Sex, money, and the future of online free speech
It's Not 'Bullying' To Satirize a Student Organization
When a college sophomore mocked Young Americans for Freedom for its stance on trans athletes, the conservative group ran to the university to file a complaint.
"Should We Regulate Foreign Speech?"
Some thoughts for me responding to Rick Hasen's, in a Balkinization symposium on Rick's new book, "Cheap Speech: How Disinformation Poisons Our Politics—and How to Cure It"
Alabama Passes Bill Making It a Felony To Offer Transition-Related Care for Trans Kids
Plus: Ketanji Brown Jackson confirmed, judge gives gun rights back to January 6 defendant, and more...
In Defense of Online Anonymity
Jeff Kosseff's The United States of Anonymous makes a strong case for letting people hide behind the First Amendment.
Minnesota's Attorney General Says the Cop Who Killed Amir Locke Was Defending Himself. So Was Locke.
That perplexing situation underlines the hazards of police tactics that aim to prevent violence but often have the opposite effect.
German States Will Prosecute Speech That Supports the Russian Invasion of Ukraine
Several German states have announced they will prosecute those who publicly display the letter Z in support of Russia.
Ohio's Version of 'Don't Say Gay' Bill Undermines School Choice
It's not supporting “parents’ rights” to censor topics at private schools that families decide to send their children to.
Why Is Facebook Censoring Articles About How BLM Used Donations To Buy a $6 Million House?
Reporting that makes Black Lives Matter look bad should not be covered up by social media companies.
The Media and Big Tech Covered Up These Stories. Where's the Reckoning?
Left-leaning outlets and tech giants tried to label them disinformation—until they no longer could.
Does California's Latest Mass Shooting Show the Country's Strictest Gun Laws Are Not Strict Enough?
Maybe it shows that the existing restrictions are not working as advertised.
Jeff Kosseff: Why Anonymous Speech Is Good—and Constitutional
The author of the definitive history of Section 230 is back with a controversial new book, The United States of Anonymous.
Fresno Bans Journalists—and Everyone Else—From Filming Cops Clearing Out Homeless Camps
The ACLU of Northern California is suing to overturn the ordinance.
D.A.'s Office Letter That Opposed Parole for Man Now Arrested in Connection with Sacramento Killings of Six
The letter is dated April 29, 2021, when Martin was three years into a 10-year sentence for a brutal assault on his girlfriend; he was released in February.
Oklahoma Votes To Criminalize Abortion
Plus: Panhandling is free speech, Biden may extend student loan repayment moratorium, Florida's wasteful defense of unconstitutional social media law, and more...
Elon Musk's Twitter Stake Is Promising, but Not a Permanent Fix for Free Speech
Protections for open communication require more than the commitment of a single person.
The Supreme Court Says You Can Sue Cops Who Frame You on False Charges
The previous standard barring such lawsuits made “little sense," wrote Justice Brett Kavanaugh for the majority.
Article on "Gun Rights, Property Rights, and Takings"
My Duke Center for Firearms Law piece on why laws forcing private property owners to allow guns on their premises violate property rights and often qualify as takings requiring compensation under the Fifth Amendment.
Biden Calls for 'War Crimes Trial' Against Putin
Evidence mounts in Bucha, Ukraine, indicating that Russian troops killed civilians arbitrarily and mercilessly.
Viktor Orbán's Reelection Shows Mere Democracy Is Not Enough
The less of our lives we allow to be put to a vote, the better.
Republicans Taking Aim at Disney Is a Reminder That Both Parties Are Hostile to Free Speech
For most of the past decade-plus, those complaining the loudest about corporate participation in politics have been Democrats.
Elon Musk Buys 9.2% of Twitter, Mysteriously Polls Users About State of Free Speech
A regulatory filing indicates that Musk is now the company's largest shareholder.
Alabama Bill Would Require Negative Pregnancy Test To Buy Medical Marijuana
Plus: Colorado cyberbullying law ruled unconstitutional, the new nicotine prohibitionists, and more...
Postal Inspectors Have Been Illegally Spying on Americans
The Post Office's inspector general uncovers unrestricted online snooping by postal cops without any legal authority.
Colorado Approves Law That Gives Kids 'Reasonable Independence'
"We certainly don't want parents getting in trouble because their kids were playing on the playground," says Gov. Jared Polis
Now There's a Trademark Issue for You
"They should be paying us for burnishment—not suing us for tarnishment."
Florida Sued by Activists, Students, Parents, and Teachers Over LGBT School Censorship Bill
The vague wording of the bill has led to a culture war fight about what the text means, and that’s never good for the First Amendment.
Two Illiberal and Unjust Zelensky Policies the West Should Force Him to End
Ukrainian President Volodymyr Zelensky is leading his nation a just cause. But we should not allow him to impose censorship and emigration bans in the process. A nation fighting for freedom must not undermine it.
'Geofence Warrant' for All Cell Location Data From Area Near Robbery Is Ruled Unconstitutional
Plus: New rules on sex discrimination in education, economists warn of housing market exuberance, and more...
Pandemic Policy Turned Schools Into Surveillance States
Cameras and tracking technology purchased to battle COVID-19 will be a lingering affliction.
Lawyer Gets Harassment Restraining Order Against Ex-Clients Based on (Among Other Things) Online Criticism
No, says the Appeals Court of Massachusetts: "We take this opportunity to reiterate that, where a c. 258E order is sought on the basis of speech alone, the plaintiff must prove that the speech rose to the level of true threats or fighting words and not merely that it was 'harassing, intimidating, or abusive in the colloquial sense.'"
A Federal Judge Says a Victim of Retaliatory Prosecution Can Sue a Cop Who Treated Criticism As a Crime
An Arkansas police officer used trumped-up charges to punish a man who criticized him for violating the Constitution.
Do Studies Show Gun Control Works? No.
Out of 27,900 research publications on gun laws, only 123 tested their effects rigorously.
Veggie 'Meat' Maker Tofurky Wins Free Speech Challenge to Food-Labeling Law
Plus: Meta's campaign to smear TikTok, new research on immigrants and welfare, and more...
Trial Court Focused Too Much on Racial Slurs by Defendant Towards Police Officers
So holds the California Court of Appeal, in sending back to a different judge defendant's motion to retroactively downgrade her conviction (for non-slur resistance to the officers) to a misdemeanor.
He Spent 28 Years Behind Bars for a Murder He Didn't Commit and Died Before Seeing Justice
The police officers who allegedly framed William Virgil were denied qualified immunity. But they're still trying to delay a trial.
He Disarmed a Gun-Wielding Menace in a San Jose Taqueria. Then the Cops Shot Him.
Plus: Russia update, literary censorship, myths about American workers, and more...
