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.
Civil Liberties
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
Seizing Russian Assets Violates the 'Fundamental Right' to Property, Says Swiss President
"You have to ensure the citizens are protected against the power of the state. This is what we call liberal democracies."
After a SCOTUS Rebuke, New York Imposes Oppressive New Restrictions on the Right To Bear Arms
"I don't need to have numbers," Gov. Kathy Hochul said when asked about the evidence supporting the law.
Brittney Griner's Russian Detention Is a Reminder of What Happens When You Declare War on Drugs
The WNBA player has been detained in Russia on drug possession charges since February.
Lawsuit by Tara Reade (Who Accused President Biden of Sexual Assault) Against N.Y. Times Dismissed
Reade sued over the Times' including a portion of her social security number in a photo of her federal identification card accompanying a story. A federal court has rejected her claim, and she may also be required to pay the Times' legal fees.
The Social Media Mob vs. the Novel
Are “extremely over-sensitive, Twitter activist people" ruining literature?
Slippery Slope Arguments in History: The 1950s and Restrictions on Communist Speech
"Nevertheless, this Court still sits!"
Chicago Area Fourth of July Shooting Leaves 6 Dead, Dozens Wounded
Plus: Inflation eats up Americans' savings, copyright officials want to protect your fireworks photos, and more...
How the Conservative Supreme Court Is Changing America
Leading libertarian legal scholar Randy Barnett talks about abortion, gun rights, and worrying trends at the highest court in the land.
Another Decision Against Sealing Records in Libel Cases
Litigating defamation claims "in secrecy to avoid any potential embarrassment to" their subjects "directly contradicts the presumptive right of public access to pleadings and judicial proceedings."
S. Ct. Marshal Asks for Enforcement of Md. Residential Picketing Ban; but that Ban Is Likely Unconstitutional
But the Montgomery County residential picketing ordinance, also mentioned in the marshal's letter, is likely fine.
After Uvalde, Politicians Push Irrelevant Gun Control Proposals
The gun control policies under discussion are fundamentally ill-suited to prevent mass shootings.
SCOTUS Vacates 4 Decisions Upholding Gun Control Laws Whose Constitutionality Now Looks Doubtful
The Court told appeals courts to reconsider their conclusions in light of last week's ruling against New York's restrictions on public possession of firearms.
No-Contact Order Against Law Students (and Professor) Based on Conversation About Homosexuality and Bible …
likely unconstitutional, holds a federal district court.
The FBI Kept Tabs on Mort Sahl's Jokes About It, and Hoover Thought Sahl Was a 'Sick Man'
The late standup comedian's FBI file says he "ridiculed the FBI, law enforcement, and high public officials, beyond the bounds of good humor."
Here's What Abortion Laws in a Post-Roe World Might Look Like
A pro-life group's model legislation hints at how extreme enforcing abortion bans could get.
California Accidentally Leaked the Personal Data of Thousands of Licensed Gun Owners
Plus: America's falling murder clearance rate, the Fed wrestles with inflation, and more...
Randy Barnett: Abortion, Guns, and the Future of the Supreme Court
The leading libertarian legal theorist talks about worrying trends at the Supreme Court as a conservative majority takes hold.
The Dirty Pictures That Revolutionized Art
Brian Doherty's history of underground comix chronicles how Robert Crumb, Art Spiegelman, and others challenged censorship and increased free speech.
Did Cassidy Hutchinson's Testimony Clinch the Incitement Case Against Trump?
The former president's recklessness is beyond dispute, but that is not enough to convict him while respecting the First Amendment.
Should Women Delete Their Period Tracker Apps in the Wake of Dobbs?
Grappling with surveillance implications of Roe being overturned
[UPDATED] Ninth Circuit Panel Sends California "Assault Weapons" Ban Challenge Back to District Court,
so the District Court can reconsider it in light of the Supreme Court's new Bruen precedent.
Conservatives Embrace Anti-Discrimination Principles
Anti-discrimination law was pioneered by the political left. But, in recent years, conservatives have increasingly tried to use it for their own purposes.
Are You Applying for a Concealed Carry License Post-Bruen, in …
California, Hawaii, Maryland, Massachusetts, New Jersey, New York, or D.C.?
Ex-Police-Officer Allowed to Proceed Pseudonymously with Due Process and Libel Claim Against City
I lost my motion opposing pseudonymity in the District of New Hampshire, though I'm appealing to the First Circuit.
When Is Government Official's Blocking Commenter from Social Media Page "State Action"?
The Sixth Circuit disagrees with the Second Circuit in the @RealDonaldTrump case (but maybe not by much).
What's Wrong With Abortion Federalism?
Plus: stereotypes within libertarianism, and Katherine compares the editors to Buffy the Vampire Slayer characters.
Supreme Court Says High School Coach's Postgame Prayers Are Protected Free Speech
A 6–3 majority sees it as noncoercive and not a violation of the Establishment Clause.
Justice Thomas (Still) Wants Supreme Court to Revisit "Actual Malice"
Justice Thomas reiterates his desire to revisit the contours of defamation law and New York Times v. Sullivan.
