Civil Liberties
Legally Irrelevant Considerations Cloud the Debate About Kyle Rittenhouse's Acquittal
The jury rightly concluded that the prosecution failed to prove its case.
Republicans for BLM and Other Things You Don't Remember About the Summer of 2020
Did you think Kyle Rittenhouse's endorsement of Black Lives Matter was odd? Think of all the unusual stuff you've forgotten.
Man Faces 30-Year Sentence in the Self-Defense Case Everyone Ignored Last Week
Some are using Kyle Rittenhouse's acquittal to argue for harsher laws and punishments. Andrew Coffee IV's case is a study in why that's an awful idea.
The First Amendment Protects Everyone, Even Facebook and Twitter
Florida passed a law to stop big tech “censorship.” But the law itself tramples First Amendment rights.
Kyle Rittenhouse Case Unlikely To Bring Tighter Gun Laws
Restrictions have little chance of moving beyond political theater, or of winning compliance if passed.
Is It Defamatory to Falsely Call Someone a Racist, White Supremacist, Socialist, or Communist?
No, because courts conclude that those terms are just opinions and name-calling.
University Official Fired for Discriminating Against Police Chief Who Voted for Trump
The official was the Vice President for Student Affairs and Diversity at the University of North Dakota.
UC Irvine Vice Chancellor Sends an Official Message About the Rittenhouse Trial
Are universities supposed to have institutional views on the facts about self-defense in a case half a continent way?
Prof. Eric Segall (Georgia State) and I on Segall's Supreme Myths Podcast
We talk about blogging, social media and free speech, the Religion Clauses, and federalism and individual rights.
The New York Times Is Protected by Freedom of the Press. So Is James O'Keefe.
The newspaper wrongly implies that press freedom is limited to "real" journalists.
The ACLU Thinks Kyle Rittenhouse's Civil Liberties Got Too Much Protection
The American Civil Liberties Union should not cavalierly take the side of prosecutors against the concept of self-defense.
Kyle Rittenhouse Has Been Acquitted on All Charges
The trial became an upside-down microcosm for the polarized debates about the U.S. criminal justice system.
Should We Lower the Voting Age to Six?
British political scientist David Runciman says the answer is "yes." And he makes a stronger case than you might think.
Excessive Force and Stops of Armed Civilians by Out-of-Uniform Sheriff's Deputies in Unmarked Vehicles
This stop was a Fourth Amendment violation, holds a federal court.
Court Rejects Sealing Request by United Network for Organ Sharing
“UNOS’s reasoning boils down to a desire to keep indiscreet communications out of the public eye, which is not enough to satisfy our standard for good cause.”
"Yes, This Is a Witch-Hunt: A University's Office for Access and Equity Launches a Full-Scale Persecution Campaign"
From leading liberal constitutional law professor Andrew Koppelman (Northwestern), in the Chronicle of Higher Education.
Don't Worship an FBI That Took the Steele Dossier Seriously
Why trust an agency that conceals information from judges but prosecutes us for lying to it?
Court Strikes Down School Board Restrictions on "Irrelevant," "Abusive," "Offensive", "Intolerant," "Inappropriate," or "Otherwise Inappropriate" Public Comments
"Representatives of a public entity taking the opportunity to squelch plaintiffs' views as apostasy"; the squelching was partly based on claims that certain remarks are "abusive and coded in racist terms, also known as 'dog whistles,'" and that "comments about the District's equity survey" were "'irrelevant' to the meeting agenda item of the District's equity policy."
Can the Government Hide Its Misdeeds as 'State Secrets'?
A surveillance case will determine whether officials can be sued for "national security" rights violations.
A (Belated) Final Word on Principles and Texas SB 8
A delayed, but hopefully still helpful final rejoinder to Stephen Sachs.
Cops Thought Sand From Her Stress Ball Was Cocaine. She Spent Nearly 6 Months in Jail.
And now an appeals court has ruled the cops who arrested her aren't entitled to qualified immunity from her lawsuit.
Jury Deliberations Begin in Kyle Rittenhouse Trial After Judge Tosses Gun Charge
Plus: Yale University faces an interesting lawsuit, the ACLU takes a stance on student loan debt, and more...
Wisconsin Court Reverses Conviction for Alleged Threat
Defendant had posted three photos to Instagram showing (1) a movie ticket, (2) ammunition, and (3) the inside of a theater, and also one to Snapchat showing (4) a handgun.
Originalism and the Result in Dobbs
Would the outcome in Dobbs put originalism in doubt?
From Akhil Amar, David Lat, and Simon Lazarus on TrapHouseGate and the Broader Climate at Yale Law School
Amar: The Yale Law School administration has been "dilatory, duplicitous, disingenuous, downright deplorable."
Communism Destroyed Russian Cooking
Soviet rule promised abundance. Instead it brought misery and starvation.
Cop Kills 8-Year-Old Girl; Two Teens Charged With Her Murder
Fanta Bility's death has revived an under-the-radar debate about the doctrine of transferred intent.