Yet Another Court Affirms the First Amendment Right To Record Police
The Supreme Court still refuses to weigh in on the issue.
Civil Liberties
Politicians Defy the Supreme Court's Ruling on the Right To Bear Arms
Several states are retaining subjective criteria for carry permits or imposing new restrictions on gun possession.
Interesting Defendant Anonymity Opinion in Trademark / Parody / Gun 3-D Printing Controversy
And, even more exciting, there’s personal jurisdiction thrown in.
FCC Exceeded Authority in Requiring Broadcasters to Check Sponsors Against Government's Foreign Agent Lists
The D.C. Circuit so held, concluding that the FCC regulation exceeded its powers under the federal Communications Act.
Sig Sauer Libel Suit Bumped from N.H. to Connecticut
A good illustration of how many courts deal with personal jurisdiction in libel cases.
Dungeons & Defamation: Role-Playing Game Convention Libel Case Can Go Forward
Good thing Zak Smith had lawyer characters with 18 Tort Law Acumen.
Japan's Gun Restrictions Are Far From Sufficient To Explain Its Low Crime Rate
While gun control enthusiasts rushed to defend Japan's firearm restrictions after Shinzo Abe's assassination, copying that approach in the U.S. is legally, politically, and practically impossible.
When 'Pro-Life' Becomes 'Pro-Censorship'
Antiabortion activists are the new Anthony Comstocks.
2d Cir.: Identifying Dissident for Saudi Government Isn't Negligent
Is negligently providing information to a dangerous person comparable to negligently entrusting a gun to a dangerous person (assuming a reasonable person would have realized the person was dangerous)?
Government Databases Invite Privacy Abuse in China and the U.S.
The surveillance state’s appetite for sensitive information is dangerous under any flag.
Trans Author Jennings' I Am Jazz Is One of the Most Banned Books in the U.S.
The book may never achieve the cultural recognition of some other top censorship targets, but the fight over I Am Jazz symbolizes America's trans moral panic.
New Japanese Law Makes 'Online Insults' a Jailable Offense
Dedication to free speech is in short supply around the world, with Britain and Canada previously considering similar bills.
The Dangerous Lesson of Book Bans in Public School Libraries
An obscure Supreme Court case provides a roadmap through the curricular culture war.
China Kinda Sus: Indictment for "Transnational Repression Scheme to Silence Critics" of China in U.S.
Defendants include a DHS employee and a retired DHS law enforcement agent.
Border Patrol Launched a Surveillance Blimp Over Nogales, Arizona. Town Officials Didn't Know.
Residents of Nogales are now under the gaze of a round-the-clock surveillance craft.
State Reactions to the SCOTUS Ruling Against Discretionary Carry-Permit Laws Range From Compliance to Defiance
Some states promptly eliminated subjective standards, while others refused to recognize the decision's implications.
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.
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.”
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.
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
