British Attacks on Free Speech Prove the Value of the First Amendment
Speech codes intended to battle misinformation are instead empowering the government to be the arbiter of truth.
Civil Liberties
'Banal Horror': Asylum Case Deals Trump Yet Another Loss on Due Process
President Trump is entitled to try to execute his immigration policy. He is not entitled, however, to violate the Constitution.
Women-Only Naked Spa Lacks First Amendment Right to Exclude Transgender Patrons with Penises
So the Ninth Circuit held today, by a 2-1 vote. I tentatively think the majority got it right as a matter of First Amendment law and statutory interpretation, though I think such statutes ought to be written to include some privacy exceptions as to gender identity and not just sex.
Trump Rightly Pardons 2 Florida Divers Who Became Federal Felons Because of an Honest Mistake
John Moore and Tanner Mansell were convicted of theft after they freed sharks they erroneously thought had been caught illegally.
Illinois Cops Gave ICE Access to More Than 5,000 Surveillance Cameras Nationwide
A camera network developed to help find missing cars and persons is now being used for immigration enforcement.
Mom Arrested, Facing 5 Years in Prison for Leaving 8- and 10-Year-Old Boys at Home
A new Georgia law could protect Alexandra Woodward's parental decision—but it doesn't go into effect until July.
Trump Deletes Database Containing Over 5,000 Police Misconduct Incidents
It's a reversal from his first term, when Trump himself ordered the creation of a database tracking excessive use of force.
Second Amendment Roundup: Bruen Was Right
Joel Alicea’s defense of originalism demonstrates broad applicability of the text-history method.
Can Schools Ban This 'There Are Only Two Genders' Shirt? Supreme Court Declines To Hear Free Speech Case
A Massachusetts 7th grader was sent home for wearing the shirt, though the school allows students to challenge the idea it conveyed.
A Federal Judge Lists 8 Ways That Trump Violated the Constitution by Punishing a Disfavored Law Firm
The president's crusade against attorneys whose work offends him, which defies the First Amendment and undermines the right to counsel, has provoked several judicial rebukes.
Is Buying OnlyFans Content Now Illegal in Sweden?
Swedish authorities voted to criminalize the purchase or procurement of online sex acts, in a move targeting customers of webcam platforms and sites like OnlyFans.
Overcrowding and Dysfunction Produced a Quiet Riot at a Miami Federal Prison Holding ICE Detainees
Half the elevators at Federal Detention Center Miami are broken. Immigrant detainees are kept on lockdown, and lawyers can barely reach their clients.
Setting the Wayback Machine to 1995: "Cheap Speech and What It Will Do"
What did that 1995 article trying to predict the Internet future get right? More amusingly, what did it get wrong?
New Jersey Town Seeks to Condemn Church to Build a Park and Pickleball Courts
The move may be a pretext for blocking the church's plan to build a homeless shelter. If the town proceeds, it will face near-certain litigation under the federal and state constitutions.
Trump's Mass Cancellation of Student Visas Illustrates the Lawlessness of His Immigration Crackdown
A federal judge blocks the administration's "Student Criminal Alien Initiative," which targeted foreign students who had no criminal records.
A Split Supreme Court Says Oklahoma Can't Have a Religious Charter School
The deadlocked court doesn't provide much clarity to sticky questions about the limits of religious freedom.
Fifth Circuit: Public Libraries May Select or Remove Books Based on Viewpoint
Such removal doesn't violate the First Amendment, the Court holds by a 10-7 vote, because a public library is engaged in "government speech" by choosing which books to endorse
With REAL ID, America Now Has National ID Cards and Internal Passports
To make us safer, the feds required standardized ID and one-stop shopping for identity thieves.
"Harvard University Loses Student and Exchange Visitor Program Certification for Pro-Terrorist Conduct"
"This means Harvard can no longer enroll foreign students and existing foreign students must transfer or lose their legal status."
Supreme Court Orders Maine Legislator Censured for Social Media Post Must Get Voting Rights Back
On Monday, the court granted an emergency injunction allowing Rep. Laurel Libby to resume voting and speaking after she was censured for a post criticizing trans women in women's sports.
The FTC's Probe Into 'Potentially Illegal' Content Moderation Is a Blatant Assault on the First Amendment
In the name of "restoring freedom of speech," FTC Chairman Andrew Ferguson wants to override the editorial judgments of social media platforms.
Report: 50 Venezuelans Sent to Salvadoran Prison Entered the U.S. Legally, Contrary to White House Claims
"It's not just one or two administrative errors," says the Cato Institute's David Bier.
New Orleans Police Secretly Used Prohibited Facial Recognition Surveillance for Years
Although the AI-generated surveillance of the public has been paused, the program continues to send automatic alerts to the Louisiana State Police and federal authorities.
Court Allows Lawsuit Over Character.AI Conversations That Allegedly Caused 14-Year-Old's Suicide
In this post, I'll talk about the court's analysis tentatively rejecting the First Amendment defense, an analysis that I think is mistaken (whether or not some tort claims such as these should be allowed despite the First Amendment).
New Article on Eugene Volokh's Amicus Briefs Regarding Compelled Speech and Antidiscrimination Law
Volokh's view gave breathing room for individuals' speech interests while leaving plenty of space for government to protect people from discrimination
Brian Brushwood: Why We Fall for Scams
Magician and podcaster Brian Brushwood talks about deception and skepticism while exploring historical hoaxes, the psychology of magic, the libertarian dystopia of Epcot, and the story behind World’s Greatest Con.
Most Migrants Deported to Imprisonment in El Salvador Under the Alien Enemies Act Had no Criminal Record and Many had Entered the US Legally
A new Cato Institute study by David Bier presents the most extensive available evidence on these points.
What Kristi Noem Gets Wrong About Habeas Corpus
The legal principle safeguards civil liberties, protecting even unpopular people from the government.
Judge Rules in Favor of New Hampshire Bakery in Fight Over Donut Mural
Conway, New Hampshire's attempt to force a local bakery to take down the mural "does not withstand any level of constitutional scrutiny," a judge ruled this week.
