My Law 360 Article on the Texas SB 8 Case and Prospects for the Future
The article explains why SB 8 potentially poses a threat to constitutional rights far beyond the abortion context, and how future court decisions could potentially mitigate it.
Civil Liberties
Concentration Camp Survivor Tursunay Ziyawudun on Her Imprisonment in Xinjiang
"The only crime of most of us was that we were Uyghur Muslims," says Ziyawudun.
Brett Kimberlin (Speedway Bomber) Loses Attempt to Vacate Long-Past Convictions, Including First Amendment Challenge to Impersonating-Federal-Official Conviction
Kimberlin is also known for having accused Dan Quayle of having bought marijuana from him, and has since become a frequent litigant, including against bloggers Patrick Frey (Patterico), Aaron Walker, and others.
Court Reverses Expulsion for Student's Off-Campus Posting of "I Will Fucking Kill off All of You!" Death Metal Lyrics
The court doesn't reach the question whether the speech was a true threat, but concludes that it couldn't be punished on the rationale that it caused substantial disruption to a public high school.
Tony Timpa Died After Cops Kneeled on His Back and Joked About It. A Court Says His Family Can Sue.
The officers originally received qualified immunity, meaning Timpa's estate had no right to state their case before a jury.
She Who Seeks Pseudonymity Must Provide Pseudonymity
Or, to be precise, her lawyers must do so.
May University Faculty/Staff/Students Sue Pseudonymously Over Limits on Religious Exemptions from COVID Vaccine Mandate?
Yes, says a federal court, partly because this particular challenge (to a policy “which only allowed religious exemptions for those individuals who are members of organized religions whose teachings entirely forbid vaccinations”) appears to be purely legal in nature.
May College Students Sue Pseudonymously to Challenge Discipline for COVID Protocol Violations?
Another example of how badly split courts are on pseudonymity questions.
Defending Armed Self-Defense
It's easy for many people to see the harm that guns are involved in every day in America, but much harder for them to see the harm that gun prohibition causes.
CDC: 61% of Teenagers Hospitalized for COVID-19 Had Obesity
A new study of 915 childhood COVID-19 hospitalizations found that most involved underlying conditions.
"No One Has a First Amendment Right to Physically Assault Another,"
“especially a law enforcement officer acting according to their official responsibilities.”
#TheyLied and the Fair Report Privilege
"A person cannot confer [the privilege for fair report of court filings] upon himself by making the original defamatory publication himself and then reporting to other people what he had stated"
Nebraska Town Sues Resident to Stop Sending Officials Letters, Ends Up Paying Him $16,000
"[N]early every public official draws the attention of critics and cranks who have opinions they insist on sharing.... But rather than accept that as one of the privileges of public service, the defendants decided to pursue a lawsuit that asked a state court to impose a prior restraint on the plaintiff's speech."
Texas' 6-Week Abortion Ban Threatens Every Constitutional Right
If it is upheld, state legislators easily could use the strategy embodied in S.B. 8 to attack other rights the Supreme Court has recognized.
In 2022, Pay Attention to Right-Wing Authoritarianism
For decades, libertarians have focused on illiberalism coming from the political left. But authoritarianism has taken root among many conservatives across the world.
We Don't Know Why Murder Rates Spiked in 2020
It's bad public policy to leap to the conclusion that we do.
Should Prominent Surgeon Be Able to Pseudonymously Sue University of Michigan for Allegedly Improper Suspension?
If so, should that be because his "stellar reputation is a critical component to ensuring the public's trust for him to operate on their children for complex procedures"?
In 2021, Qualified Immunity Reform Died a Slow, Painful Death
Despite bipartisan momentum at the federal level, Congress still couldn't get anything over the finish line.
No Sealing of School Basketball Team Sexual Assault Case,
but the minors involved (including the accused students) will be pseudonymized.
Crime to Sexually Proposition, Knowing It's Likely to Annoy, Offend, or Alarm
That's the law in Delaware, it turns out.
No Security Clearance for Employee Who Had Admitted to Downloading Child Pornography
Also, "He also reported that in 2012, he had thought about amassing enough classified information to give to Russia or the Ukraine in exchange for a harem of little girls."
No Sealing or Pseudonymity for Sexual Assault Defendant
"[I]f the purported falsity of the complaint's allegations were sufficient to seal an entire case, then the law would recognize a presumption to seal instead of a presumption of openness."
No "Social Worker Exception" from the Fourth Amendment for Home Searches by Child Protection Officials
"[T]he Fourth Amendment applies equally whether the government official is a police officer conducting a criminal investigation or a caseworker conducting a civil child welfare investigation."
Facebook Said My Article Was 'False Information.' Now the Fact-Checkers Admit They Were Wrong.
While this is a problem, it's not one that scrapping Section 230 would solve.
This Year Wasn't as Bad as 2020, But We Deserve Better
It sucked for avoidable reasons.
The Year's Highlights in Blame Shifting
Politicians and cops found creative ways to dodge responsibility in 2021.
May Missouri Shooting Range Discriminate Against Muslims?
That's the issue raised by a newly filed federal lawsuit.
Merely Retweeting Link to Old Article Doesn't Restart Statute of Limitations
So holds the court in a libel lawsuit brought by Jerry Falwell, Jr.'s former personal trainer.
Fauci Wants To Kick the Unvaxxed Off of Airplanes
Should the no-fly list include another 70 million Americans?
As With Gun Control, Democrats' Voting Reform Bills Unlikely To Make a Difference
The bills call for reforms that would be nearly impossible to implement and will not prevent a repeat of 2020.
Lawyer's Letter to School Seeking Money for Long-Past Alleged Sexual Abuse by Ex-Teacher May Be Libelous,
notwithstanding the “litigation privilege,” if the statute of limitations has long passed and there is therefore no reasonable prospect of meritorious litigation.
Deng Xiaoping and the Communist Party Don't Deserve Credit for Chinese Economic Power
China's economic reforms were bottom-up, not top-down.
