Sexual Assault Claims and Pseudonymity
An interesting 2014 case I just found.
Civil Liberties
Crisis at Rikers Island
In 2021, the institutional rot and dysfunction at Rikers Island cascaded into a full-blown catastrophe.
She Got Her Car Back 6 Years After Police Seized It
Malinda Harris’ ordeal shows how easily the government can take innocent people’s property under civil forfeiture laws.
Secret Documents Show Which Message Apps Are the Most FBI-Proof
WhatsApp and iMessage are not as private as you might think.
A New Opportunity for the Government To Screw Up Abortion Law
Plus: A reminder to Bill de Blasio of what "incentive" really means
Teacher Suspended Partly for Quoting (on Personal Facebook Page) Bernie Sanders' "Woman … Fantasizes Being Raped" Essay
"The undersigned finds that despite Mr. Caggiano's belief that his post makes an important point [criticizing] Bernie Sanders, the undersigned finds that it can be logically read to be patently offensive, discriminatory, and degrading to women."
If Roe Gets Overruled, Abortion Policy may not be "Left to the States"
Absent Roe, current Supreme Court precedent likely gives the federal government considerable power to either restrict or protect abortion rights. But that precedent could potentially be limited in ways advocated by Supreme Court Justice Clarence Thomas, an unlikely potential savior of abortion rights!
"Trouble Brewing [at Yale] After 'Dehumanizing' Artisanal Coffee Remark"
"The letter condemns Satel for having 'the audacity to challenge Reverend Al Sharpton, an exemplary individual and activist.'"
RIP Phil Harvey, Entrepreneur and Philanthropist Who Expanded Human Pleasure and Human Choice
Harvey, who died last week, dedicated his life to supporting human pleasure along with the power to manage it responsibly.
Zoom Conversation Today (Noon Pacific) with Nadine Strossen, Former ACLU Head
The conversation will be about Prof. Strossen's Journal of Free Speech Law article, "The Interdependence of Racial Justice and Free Speech for Racists," and it will be with Profs. Jane Bambauer, Ash Bhagwat, and me.
Zoom Workshop on Prof. David McGowan's Forthcoming "A Bipartisan Case Against New York Times v. Sullivan"
A discussion with Prof. RonNell Andersen Jones (Utah), two noted media lawyers and clinical teachers (Prof. Dale Cohen, UCLA, and Prof. Gregg Leslie, Arizona State), and me about this forthcoming Journal of Free Speech Law article.
En Banc Sixth Circuit Splits 8-8 Over Bump Stock Ban
The district court decision upholding the ATF's conclusion that bump stocks constitute unlawful "machine guns" is upheld by an equally divided court.
234 Million Reason TV Fans Can't Be Wrong! Support Our Video Journalism!
Our videos make the case for "Free Minds and Free Markets" to millions of people a year.
Here Is Why a Federal Judge Blocked Enforcement of the Texas Social Media Law
Gov. Greg Abbott attacks First Amendment rights in the name of defending them.
Twitter's New 'Privacy' Policy Could Destroy Its Value for Decentralized Citizen Journalism
Why give legacy media a stranglehold over information that Twitter at its best is great for sharing?
The Laissez Faire Origins of the Supreme Court's Abortion Precedents
“All of those…just come out of Lochner.”
Socialist Students Want Arizona State University To Expel 'Racist Murderer' Kyle Rittenhouse
So much for education being a universal human right.
Republicans Mull Shutting Down the Government Over Vaccine Mandate Funding
Plus: SCOTUS hears oral arguments in landmark abortion case, supply chain bottlenecks and labor shortages are holding back economic growth, and more...
Connecticut "Racial Ridicule" Ban Challenged in Federal Court
The law is unconstitutional as written—but it has also been used by prosecutors far beyond its specific terms.
§ 230 and the Civil Rights Modernization Act
My testimony today before a House Subcommittee on Communications & Technology hearing on proposed revisions to § 230.
§ 230 and the Protecting Americans Against Dangerous Algorithms Act
My testimony today before a House Subcommittee on Communications & Technology hearing on proposed revisions to § 230.
§ 230 and the SAFE TECH Act
My testimony today before a House Subcommittee on Communications & Technology hearing on proposed revisions to § 230.
§ 230 and the Preserving Constitutionally Protected Speech Act
My testimony today before a House Subcommittee on Communications & Technology hearing on proposed revisions to § 230.
§ 230 and the Justice Against Malicious Algorithms Act
My testimony today before a House Subcommittee on Communications & Technology hearing on proposed revisions to § 230.
Without Promising Alternatives to the 'Viability' Rule, the Supreme Court Seems Inclined to Ditch Its Abortion Precedents
The justices may find it difficult to uphold Mississippi's abortion ban without overturning Roe v. Wade.
Abortion, Marbury v. Madison, and What's "Written in the Constitution"
The oft-heard argument that something isn't "written in the Constitution" is not as compelling as it might seem. Sometimes, it's outright false.
Plaintiffs Seeking Religious Exemption from Private Employer's Vaccine Mandate Allowed to Proceed Pseudonymously
"Given the charged atmosphere concerning vaccinations and vaccine mandates, and for the other reasons discussed above, the Court is persuaded that this is the rare case where a party should be permitted to proceed pseudonymously."
Facebook Fact-Checkers Are Stifling Open Debate
It's true that some users spread lies on social media. But this can’t be solved by partisan “fact-checking."
Can SCOTUS Draw a New Line on Abortion?
The "viability" rule is arbitrary. So are the alternatives.
Journal of Free Speech Law Panel on Regulating Social Media Platforms Tomorrow (Wednesday) at 11 am Pacific
It's with Profs. Jack Balkin (Yale), Daphne Keller (Stanford), and Mark Lemley (Stanford), moderated by Jane Bambauer (Arizona).
California's Ban on Magazines Holding More Than 10 Rounds Is Constitutional, 9th Circuit Decides
Despite such magazines being widely and lawfully used, and with the ban having been tossed out by other courts and court panels, the 9th Circuit thinks the ban does not violate the Second Amendment
Federal Court Rules Takings Clause May Require Compensation when Police Destroy an Innocent Person's Home in Process of Pursuing a Suspect
The decision is at odds with rulings by some other federal courts, and could end up setting an important precedent.
When Does Government "Fairly Represent" Public Interest Groups' Views, Thus Barring Them from Intervening?
An important and interesting question, arising here as to Title IX, free speech, and due process, but relevant more generally as well (and now pending before the Supreme Court).
"Someone Going Through Your Underwear Without Permission" May Be "Highly Offensive"
Even when you're not wearing it.
A SWAT Team Blew Up This Innocent Woman's House and Cost Her Over $50,000. The City Tried To Stop Her From Suing.
A federal court wasn't having it.
Why the 14th Amendment Does Not Prohibit Abortion
The argument made by Finnis, George, Hammer and others, that abortion is unconstitutional is not supported by text or history.
Incoming New York Mayor Makes Vague Case for the 'Proper' Kind of Stop-and-Frisk
Eric Adams thinks he can give the police more power to hunt for guns without making innocent minority men the inevitable target.
Jack Dorsey's Exit From Twitter Could Worsen Tech Censorship
The site's long-serving boss might be more committed to free speech than his successor, Parag Agrawal.
The U.S. Imposes Travel Restrictions in Response to New COVID-19 Variant. Again.
Plus: Los Angeles will start fining businesses that don't enforce the city's vaccine passport system, Disney yanks a China-critical Simpsons episode, and more...
Toronto School Board Refused to Promote Event with Nobel-Winning Critic of ISIS
A school board official told said "students would not participate in a book-club event scheduled for February with Nadia Murad, a Nobel Prize-winner and activist," because "Ms. Murad’s book, 'The Last Girl: My Story of Captivity, and My Fight Against the Islamic State,' would foster Islamophobia."
Biden Wants To Empower the IRS Despite Its Track Record of Trampling Rights and Undermining Privacy
The IRS' track record suggests that beefed up enforcement will also mean more trampling of Americans' due process rights.
