Civil Liberties
A Cop Killed a Suicidal Man and Got Qualified Immunity. Justice Sotomayor Isn't Happy About It.
Qualified immunity "does not protect an officer who inflicts deadly force on a person who is only a threat to himself."
Supreme Court Declines To Hear Louisiana's Defense of a Law That Stamped 'SEX OFFENDER' on Driver's Licenses
The policy imposed an additional form of ritual humiliation on a reviled category of people without any plausible public-safety justification.
Denials of Professional Licenses Based on Past Social Media Posts
Joshua Gray was denied a Maine private investigator license on the ground that his past posts erred in criticizing a Maine State Police lieutenant; we’ve filed an amicus brief supporting the petition asking the Supreme Court to review the matter.
SCOTUS, Under Fire From Left and Right, Is Back in Session With Guns and Abortion on the Docket
The justices robe up for another term.
Ex-Wife Criminally Punished for Talking to Newspaper About Her Police Sergeant Ex-Husband
The court concluded that the conversation violated a previous order barring the ex-wife "from making any other public allegations against the Petitioner, Joe Stark, on social media (on any platform) or to his employer which may affect Petitioner's reputation or employment."
Victims of Rights-Violating California Cops May Finally Get Justice in Court
Gov. Gavin Newsom signed S.B. 2 into law, despite some objections from police unions.
California Business Owners Sue Gov. Newsom Over the Lockdowns
How far do "emergency powers" really extend?
The FBI's Secret FISA Court Surveillance Applications Are Chock Full of Screw-Ups
More than 400 problems were found with 29 warrant requests, twice the number previously revealed.
"What If Trigger Warnings Don't Work?"
"New psychological research suggests that trigger warnings do not reduce negative reactions to disturbing material—and may even increase them."
House Votes to Apply Mandatory Draft Registration to Women
A better way to end sex discrimination would be to simply abolish it for everyone.
'Equity,' 'Multiculturalism,' and 'Racial Prejudice' Among Concepts That Could Be Banned in Schools by Wisconsin Bill
A bill touted as banning "critical race theory" in schools would actually ban a huge array of speech around culture, race, and sex, its sponsor says.
Abortion Ban Stimulates Interstate Travel, Says Texas
Plus: Government shutdown, demographic diversity in rural America, and more...
Karla Vermeulen: Inside the Mind of 'Generation Disaster'
Young people who came of age after 9/11 aren't snowflakes despite being exposed to a series of catastrophic events and apocalyptic news narratives.
Draft of Proposed Amicus Brief in Anti-Libel Injunction / Society for Creative Anachronism Case
Should I file it in a Gothic font?
The First Amendment and Restrictions on "Off-Site" Signs
Here’s an amicus brief our UCLA First Amendment Amicus Brief Clinic just filed, on behalf of the Cato Institute.
CNN Shuts Down Access to Facebook Pages in Australia After Court Ruling Holding Media Outlets Liable for Commenters
This is where government demands to moderate what users say will ultimately lead.
J.D. Vance Says Government Should Seize Assets of Political Nonprofits
Plus: Fusionism, OnlyFans, and more...
The Texas Social Media Law Is Blatantly Unconstitutional
Government restrictions on private editorial discretion violate the First Amendment.
Cops Get Qualified Immunity After Jailing Florida Man for 'I Eat Ass' Bumper Sticker
Dillon Shane Webb will thus not be able to sue for the alleged violation of his free speech rights.
Everybody Is Wrong About Big Tech
Robby Soave doesn't like it when social media deplatforms users, but the far bigger threat comes from lawmakers on a mission.
California Will Let 'Violence Prevention' Researchers Know That You Have a Gun
An academic field rife with hostility to private gun ownership now gets to know the address of every California owner of a weapon, a weapon part, or ammo.
Judge Explains First Amendment Basics to Wisconsin Sheriff Who Threatened Teen with Jail for Instagramming Her COVID Infection
No, law enforcement and school officials cannot order students to remove posts about exposure to the coronavirus.
Dump the Draft Forever Instead of Making Women Register
Why is registration for involuntary servitude still a thing?
"I Eat Ass" Bumper Sticker Might Be Obscene and Thus Constitutionally Unprotected
So holds a district court, concluding that the law is unclear enough that a police officer was entitled to qualified immunity based on his arresting a man for the sticker.
Sheriff Violated First Amendment by Ordering Teen to Take Down Post Saying She Had COVID
“Defendants may have preferred to keep Marquette County residents ignorant to the possibility of COVID-19 in their community for a while longer, so they could avoid having to field calls from concerned citizens, but that preference did not give them authority to hunt down and eradicate inconvenient Instagram posts.”
Libel in the Society for Creative Anachronism
An interesting example of libel that harms reputation within a social community, rather than professional or business reputation.
Government's Frivolous, Retaliatory Demand for Critic's Business Records May Violate First Amendment
"When ordinary people without legal training receive a demand from a government agency to produce tax returns and evidence justifying their business activities, a natural reaction is some degree of apprehension and defensiveness. Such concern is sensible because the transaction costs of dealing with a government investigation are never zero."
An Inmate Allegedly 'Leaking Blood All Over' Was Denied Medical Treatment for Hours. The Prison Guard Gets Qualified Immunity
The legal doctrine continues to render juries irrelevant.
House Votes To Make Your Daughters Eligible for the Military Draft
With minimal debate, Selective Service was doubled in a "must-pass" $778 billion defense bill.
Virginia Tech Computer Policy Banning "Intimidation, Harassment, and Unwarranted Annoyance" Is Unconstitutionally Vague and Overbroad
So holds a federal district court.
Tenure Review Files Can't Be Sealed in Academic Employment Discrimination Lawsuit
“Evidence about Penn’s treatment of other tenure candidates will be at the heart of the parties’ arguments.”
Can Universities Control the Operation of Municipal Zoning Ordinances?
A pending cert petition challenges a Bloomington zoning ordinance that requires a landlord to evict a derecognized fraternity
Now That Opponents of the Texas Abortion Ban Are Using Its Provisions To Defeat It, Pro-Life Activists Are Crying Foul
In the first two lawsuits filed under S.B. 8, all of the parties seem to think enforcement of the law should be blocked.
ACLU Thinks the Second Amendment Is a Threat to the First Amendment
"Restrictions on guns in public spaces are appropriate to make public spaces safe for democratic participation."
Proposed Local Facial Recognition Technology Ban Draws Fire
Protecting citizens from intrusive government surveillance is a virtue well worth signaling.
Whoops—No Gun Rights for Adults Under 21 After All, Says Court
Plus: ACLU rewrites Ruth Bader Ginsburg, theaters sue over NYC vaccine passports, and more...
Robby Soave: Today's Bipartisan Tech Panic Is Yesteryear's Freakout Over Video Games
The Reason senior editor argues that attempts to break up tech giants and rein in social media are based on flawed arguments.