Feds Use 'Border Security' To Justify Social Media Surveillance
Supposedly targeted at immigrants and travelers, the program endangers everybody’s liberty.
Civil Liberties
Australian Prime Minister Proposes Total Social Media Ban for Anyone Under 16
Under this restrictive measure, there will be no exceptions, even for parental consent.
Body Cam Footage Shows Atlanta Cop Knew Felony Charges Against Cop City Protesters Were 'a Reach'
In bodycam footage, the police major—now the deputy chief—asks for "anything we can get" after being told felony charges would be difficult.
Project Veritas' Defamation Lawsuit Against CNN Can Go Forward
Veritas had been suspended from Twitter for including an interview subject's house number; CNN "suggested on-air that Twitter banned Veritas for 'promoting misinformation.'"
During Trump's Second Term, the Supreme Court's Critics Will Be Grateful for Its Restraining Influence
The justices, including Trump's nominees, have shown they are willing to defy his will when they think the law requires it.
In Michigan, the CIA Beat the FBI
Michiganders had to choose between a hawkish Democrat with an intelligence background and a hawkish Republican with an intelligence background for Senate.
Harris' Career As Prosecutor Left Her Totally Unprepared for a Fair Fight
Coercing defendants into plea deals is poor training for convincing people to vote for you.
Trump Has Many Grudges. Now He Has a Chance To Act on Them.
In his second term, the former and future president will have more freedom to follow his worst instincts.
Pro-Choice Abortion Initiatives Pass in Seven Out of Ten States
Most of these weren't close calls at all.
Nearly Five Years After Breonna Taylor's Death, Justice Remains Elusive
A long-delayed conviction illustrates the difficulty of holding cops accountable for abusing their powers.
Abolish the FCC's Equal Time Rule Before the Next Election
The decades-old regulation imposes burdens that no other media outlets are subject to.
Final Published Version of "The Constitutional Case Against Exclusionary Zoning" Now Available
In this Texas Law Review article, Josh Braver and I argue that most exclusionary zoning violates the Takings Clause of the Fifth Amendment.
Cop Who Fired Blindly Into Breonna Taylor's Home Is Convicted of Violating Her Constitutional Rights
Former Louisville detective Brett Hankison is one of four officers who faced federal charges after a deadly 2020 drug raid.
A Bad Election for Sex and for Tech
No matter who wins, we can expect bad policies surrounding sex and especially surrounding technology.
Trump's Legal Complaints Against 2 News Outlets Reflect His Disregard for Freedom of the Press
The Republican presidential candidate argues that CBS and The Washington Post broke the law by covering the election in ways he did not like.
Citizen Journalism Is Under Attack. This Texas Woman Is Fighting to Save It.
After being arrested for doing journalism, Priscilla Villarreal has taken her fight to the courts.
Free Speech Unmuted: Protests, Public Pressure Campaigns, Tort Law, and the First Amendment
The latest podcast episode from Prof. Jane Bambauer (Florida) and me.
Saudi Arabia's 'The Line' Violates Human Rights and Common Sense
Inhumane labor practices, worker deaths, and the forced eviction and repression of local residents have characterized the kingdom's efforts to build a miles-long linear skyscraper in the desert.
Are Punitive Damages Available in Publishers' Lawsuit Over Harassment Campaign by eBay Employees?
Fort the answer—or rather, answers—a court has to resolve a choice of law question.
Divided D.C. Circuit Panel Refuses to Enjoin D.C. Magazine Cap
The judges divide over whether a challenge to a law limiting the number of bullets in a magazine is likely to succeed. Is next stop the Supreme Court?
Washington Sued for 'Racially Conscious' Homeownership Program
Washington's Covenant Homeownership Program excludes certain applicants on the basis of race.
Who Are Langley's Favorite Candidates?
Campaign finance records reveal what the community at the heart of U.S. national security policy thinks about outside politics.
Journal of Free Speech Law: "Should We Trust the Censor?," by Keith E. Whittington
A new article from the Daedalus (Journal of the American Academy of Arts and Sciences) Future of Free Speech Symposium.
Weed Shops Deserve Due Process, Says Judge
Plus: Andrew Cuomo's potential prosecution, Texas death blamed on abortion ban, and more...
Journal of Free Speech Law: My "The Future of Government Pressure on Social Media Platforms"
A new article from the Daedalus (Journal of the American Academy of Arts and Sciences) Future of Free Speech Symposium.
After 100 Years, End the Open Fields Doctrine
Federal agents are allowed to search private property without a warrant under this Prohibition-era Supreme Court precedent.
On Punishing Speech vs. Punishing Conduct
A university president provides a helpful explanation of the difference.
Musa al-Gharbi: How Woke Elites Became Out of Touch
The Stony Brook sociologist discusses how progressives are having a hard time processing why more and more black and Latino voters are supporting Donald Trump.
'Let Parents Decide' What Kids Can Do Online, Argue Tech Groups in New Lawsuit
The groups are challenging a Florida law that bans some teens from social media.
How the Feds Destroyed Backpage.com and Its Founders
By prosecuting the website's founders, the government chilled free speech online and ruined lives.
Book Review (by Prof. Jacob Mchangama): "Fearless Speech" Doesn't Take First Amendment History Seriously
A review of Prof. Mary Anne Franks' new book, Fearless Speech: Breaking Free from the First Amendment (plus a response by Prof. Franks to Prof. Mchangama's Tweeted criticisms, and a reply by Prof. Mchangama).
Journal of Free Speech Law: "The Free Speech Clause as a Deregulatory Tool," by Alexander Tsesis
A new article from the Daedalus (Journal of the American Academy of Arts and Sciences) Future of Free Speech Symposium.
Texas Public University Restrictions on Anti-Israel Speech Likely Violate First Amendment
So holds a federal court (correctly, I think), considering restrictions that were prompted by Texas Governor Abbott's General Order GA-44.
What the Past Can Teach Us About Our AI Fears
Regulating AI could threaten free speech, just as earlier proposed regulations of other media once did.
Journal of Free Speech Law: "The First Amendment Meets the Virtual Public Square," by Allison Stanger
A new article from the Daedalus (Journal of the American Academy of Arts and Sciences) Future of Free Speech Symposium.
Trump Thinks News Outlets Should Lose Their Broadcast Licenses, Even When They Have None
Despite his cluelessness, the former president's inclination to punish constitutionally protected speech reflects his authoritarian disregard for civil liberties.
