Civil Liberties
Journal of Free Speech Law Public Conversations with Authors
The first will be with Jane Bambauer, Ash Bhagwat, Christopher Yoo, and me, this Tuesday at noon Pacific.
Americans Should Be Free to Express Their Opinions About Generals
whether by mail, by phone, or by social media—and whether about the generals' (or admirals') gender identities or religious beliefs or political beliefs or anything else.
Gen. Michael Flynn's Brother v. CNN Libel Lawsuit Over Allegations of Being a "QAnon Follower"
A Magistrate Judge has just issued a Report and Recommendation recommending that the case be dismissed, on the grounds that the allegations were substantially true.
If You Want to Have Court Filings Sealed, Don't "Treat[] a Motion to Seal as an Afterthought"
Be concrete and specific enough to pass the high bar needed to defeat the presumption of open access—and get it right the first time.
Supreme Court Agrees to Fast Track Review of Texas Abortion Law
The justices will hear United States v. Texas and Whole Woman’s Health v. Jackson on November 1.
Supreme Court Grants Certiorari in Texas S.B. 8 Cases (Updated)
The Court will hear oral argument in the two cases on November 1.
Gun Rights Activists Join Abortion Rights Activists To Fight Texas Abortion Law
The Texas law “could just as easily be used by other States to restrict First or Second Amendment rights,” the Firearms Policy Coalition tells SCOTUS.
The Firearms Policy Coalition Targets Texas S.B. 8
The gun rights group has filed a brief supporting the petition for certiorari in one of the cases challenging the controversial Texas abortion law.
The Second Amendment vs. the Seventh Amendment: The Terminal Decay of the Seventh Amendment and the Revival of the Second Amendment
The Second Amendment right is vibrant and prominent for many citizens. The Seventh Amendment right has shriveled to a husk of its former self.
Denied Treatment for His Cancer, This Kentucky Man Died in Prison After Vomiting Blood
In a lawsuit, Marc Crawford's widow says the state refused to give him his prescriptions and his chemotherapy.
You Can't Fight Campus Illiberalism With More Illiberalism
Free speech on campus is in jeopardy. But many people on the left and the right are rising to fight for our liberal democratic values.
The Second Amendment vs. the Seventh Amendment: Procedural Rights and the Problem of Incorporation
Recognizing the difference between substantive and procedural rights helps enormously in understanding the battles over applying the first eight amendments of the U.S. Constitution to the states. Procedural rights have failed; not only have they not improved procedures, they have made things worse.
Netflix CEO Apologizes for Having Principles
When employees tried their hand at a shakedown, CEO Ted Sarandos buckled a bit under the pressure.
In a New Survey, Victims of Philadelphia's Forfeiture Racket Highlight the Hazards of Giving Cops a License To Steal
"What they're doing is like robbery," observed one property owner.
Federal Regulators Greenlight Trading of Bitcoin-Linked Securities, Delighting Investors and Infuriating Cryptocurrency Critics
Plus: Cuba violates the rights of peaceful protesters, New Zealand leads the world in zoning reform, and more...
Lawyers, Law Students, Law School Administrators, and Language
Yale Law School's diversity miseducation.
The Second Amendment vs. the Seventh Amendment: The Distinction Between Substantive and Procedural Rights
Substantive rights have a core that can be meaningfully interpreted and protected; they can exist independently of a particular government or a particular legal system. Procedural rights lack such an independent core because they are necessarily embedded in a whole system of legal procedure, and they depend on that system for their meaning.
John Hart Ely on Planned Parenthood v. Casey
Despite his criticisms of Roe, he also believed in stare decisis
No Government Action (and Thus No First Amendment Violation) in Suspension of Plaintiffs' YouTube Accounts
So holds a federal district court, rejecting plaintiff's theories that (among other things) the government compelled the suspension, and that the government and YouTube were engaged in "joint action."
Qualified Immunity Reform Stalls in the States - and in the Supreme Court
Recent Supreme Court rulings and developments in state legislatures have dashed hopes for a quick end to the pernicious doctrine that protects abusive law enforcement officials.
Social Media Isn't To Blame for the Deadly Stabbing of a British Member of Parliament
Attempts by British lawmakers to erase online anonymity would lead to radical speech being pushed underground.
Dems Try To Pass Off $10,000 IRS Reporting Threshold as Merely Going After the 1 Percent
Proposed IRS surveillance now limited to non-wage net annual transactions of $10,000 and above. Which is still ridiculously low and intrusive.
"People Are Less Interested in Discussion Than Domination"
Wise words from the target of TrapPartyGate.
No Heckler's Veto: Georgia Court's Decision Rejecting $1.5M Nuisance Verdict Against Abortion Clinic Stands
The verdict was chiefly based on the actions of protesters and arsonists; the Georgia Court of Appeals rejected it, and the Georgia Supreme Court has just refused to rehear the case.
Although the State of Kansas Admits This Guy Is Innocent, It Still Wants To Destroy His 1959 Corvette
Richard Martinez lost his dream car because of VIN-plate issues prosecutors admit he was "not aware of."
The Supreme Court Deals a Major Blow to Qualified Immunity Reform
In two opinions issued Monday, the Court gave qualified immunity to several police officers accused of violating the Constitution.
Nigerian Separatist Group Sues Wash. Times, U. of Baltimore, Professor for Libel
The lawsuit is brought by the group Indigenous People of Biafra, which has been labeled a terrorist group by the Nigerian government.
Bans on Political Discrimination in Places of Public Accommodation and Housing
A forthcoming article of mine in the New York University Journal of Law & Liberty.
The Second Amendment vs. the Seventh Amendment: Substantive vs. Procedural Rights; Part 1: Similarities and Differences
Although the affinities between the Second Amendment right to keep and bear arms and the Seventh Amendment right to civil jury trial seem strong, there are crucial differences. The first concerns individual accountability and the ability to understand responsibilities; the second concerns the distinction between substantive rights and procedural rights.
Public Defenders vs. Gun Control
A Supreme Court decision against New York's gun control scheme would be a victory for both criminal justice reform and the Second Amendment.
Judge: Police Can't Blame a Bystander for a Cop Killing Another Cop
It was unconstitutional to charge Jenna Holm with manslaughter. But the state wanted to protect its own.
