My New Paper on "How Speech-Based Immigration Restrictions Threaten Academic Freedom"
It is forthcoming in Academic Freedom in the Era of Trump, (Lee Bollinger and Geoffrey Stone, eds., Oxford University Press).
Civil Liberties
The Zoning Theory of Everything: Abortion Edition
Every political issue ultimately becomes a zoning issue.
Can Police Enter Your Home Without a Warrant? The Supreme Court Will Soon Decide.
Even well-intentioned “community caretaking” can’t justify ignoring the Fourth Amendment.
California Wants To Punish Social Platforms for Aiding and Abetting the First Amendment
Another entry into the "algorithms are magic" school of imposing liability on tech companies.
Friday Oct. 17 12:30pm-1:30pm Zoom event: Trump, the Media, and the First Amendment
The Trump Administration’s threats to revoke broadcasters’ licenses and President Trump’s lawsuits against media companies implicate important, and contested, Supreme Court First Amendment doctrines. Should these actions affect how courts and scholars analyze these doctrines?
The U.S. Military Is Helping Arab Dictatorships Run Psyops
The Pentagon spends a lot of taxpayer money on propaganda worldwide. Some of it is coordinated with Middle Eastern dictators, The Washington Post revealed.
This Indiana City Doesn't Have To Pay an Innocent Mom $16,000 After Police Wrecked Her Home, Court Rules
Law enforcement launched 30 tear gas canisters into Amy Hadley's home, smashed windows, ransacked furniture, destroyed security cameras, and more. The government gave her nothing.
Trump Won't Invoke the Insurrection Act—As Long As He Can Use the National Guard However He Wants
If the courts try to enforce legal limits on the president's military deployments, he can resort to an alarmingly broad statute that gives him more discretion.
A Discussion of "Campus Free Speech After October 7" at NYU
The discussion of campus free speech that almost did not happen at NYU.
Tennessee Man Arrested, Gets $2 Million Bond for Posting Facebook Meme
Larry Bushart posted a meme on a local Facebook page about Charlie Kirk. He now faces years in prison.
Venezuela's María Corina Machado Wins the Nobel Peace Prize for Standing Up to Socialism
The award goes to a classical liberal and free market advocate who has risked her life to challenge Venezuela’s socialist dictatorship.
FBI Spied on Republican Lawmakers Using Surveillance Powers Many Supported
Senate Judiciary Committee head reveals legislators’ communications were monitored.
2 Controversies Over Political Rhetoric Illustrate the Perils of Blaming Gun Control Critics for Murder
That strategy, which rejects the possibility of sincere disagreement, is poisonous to rational debate.
'Louisiana Lockup' Detention Center Is Punishing Immigrants for the Same Crime Twice, New Lawsuit Says
Oscar Amaya has been held in federal immigration custody for over six months after receiving a final order of removal, raising serious constitutional concerns about how long the government can detain people.
What's Really at Stake in the Kilmar Abrego Garcia Case?
From pretrial detention to the threat of foreign rendition, the Abrego Garcia case shows how political prosecutions and coercive plea deals have eroded the promise of a fair trial.
Amy Coney Barrett Is Right To Reject 'Common Good Constitutionalism'
Limits on government power are a venerable and beneficial feature of our system.
Treasury Department Surveillance at the Southern Border Faces Fourth Amendment Challenges
A new FinCEN rule forced small money services businesses to collect personal data on nearly every customer transaction. Lawsuits claim this violates the Fourth Amendment.
TSA Watchlists Were Used as Tools of Political Warfare
The former Biden administration is accused of punishing critics without due process.
Oregon's E-Cigarette Censorship Is Unconstitutional—and Makes No Sense
Sometimes the state's rules require stores to cover almost the entire label of products—in places that don't even admit minors.
No Pseudonymity for Former Federal Employees Suing Over Mass Firings
"The fact that disclosure means Plaintiffs 'could be deemed litigious' or that future employers 'may treat Plaintiffs' association with this litigation as a red flag' is not sufficient to allege a substantial privacy interest."
Civil Rights Group Sues ICE for Withholding Records of the Agency's Detention Expansion Plans in Virginia
Lawyers at America's largest civil liberties group say the agency’s lack of transparency violates federal disclosure requirements.
Photo: Trump Sends His Drug Cops To See the Sights in D.C.
Rather than targeting cartels, DEA agents are patrolling tourist areas, setting up checkpoints, and even cleaning up litter.
Free Speech Unmuted: From Brandenburg to Britain: Rethinking Free Speech in the Digital Era with Prof. Eric Heinze
Jane and I speak with Eric Heinze (Queen Mary University of London) about how the digital age has transformed the meaning and limits of free expression, from Britain’s recent Lucy Connolly case—involving online incitement and hate speech—to the philosophical and legal contrasts between the American Brandenburg standard and the U.K.’s more interventionist approach.
Why a Trump Appointee Ruled That His National Guard Deployment in Portland Was Illegal
U.S. District Judge Karin Immergut concluded that the president's description of "War ravaged Portland" was "simply untethered to the facts."
Bari Weiss Has Won the War on Wokeness in Media
Paramount has acquired The Free Press for $150 million and named her editor in chief of CBS News.
Trump's Troops Return to a City That Moved On: Dispatch From Portland
Five years after the city’s fiery 2020 protests, Portland is mostly calm. That hasn’t stopped Trump from reviving old battles, fueled by false memories and made-for-TV outrage.
British Minister: 'Just Because You Have a Freedom Doesn't Mean You Have To Use It'
Home Secretary Shabana Mahmood is moving to ban protests that annoy the public.
Whoops—Ohio Accidentally Excludes Most Major Porn Platforms From Anti-Porn Law
Ohio lawmakers set out to block minors from viewing online porn. They messed up.
Sending in the Guard
Plus: Kilmar Abrego Garcia's case, what's wrong with emergency rooms, and more...
