If Congress Bans Abortion, This New Deal Precedent Will Be at the Center of the Legal Battles
A 1942 decision about the Commerce Clause takes on new importance post-Roe.
Civil Liberties
States Must Allow Abortions When Woman's Health or Life Is Threatened, Says HHS
Plus: When "anti-wokeness" becomes an obsession, why immigrants are upwardly mobile, and more...
Dungeons & Defamation: Role-Playing Game Convention Libel Case Can Go Forward
Good thing Zak Smith had lawyer characters with 18 Tort Law Acumen.
Japan's Gun Restrictions Are Far From Sufficient To Explain Its Low Crime Rate
While gun control enthusiasts rushed to defend Japan's firearm restrictions after Shinzo Abe's assassination, copying that approach in the U.S. is legally, politically, and practically impossible.
When 'Pro-Life' Becomes 'Pro-Censorship'
Antiabortion activists are the new Anthony Comstocks.
Fetuses in HOV Lanes, Abortions at Sea, and More Post-Dobbs Weirdness
Plus: Banned books, a bookstore revival, and more...
2d Cir.: Identifying Dissident for Saudi Government Isn't Negligent
Is negligently providing information to a dangerous person comparable to negligently entrusting a gun to a dangerous person (assuming a reasonable person would have realized the person was dangerous)?
Government Databases Invite Privacy Abuse in China and the U.S.
The surveillance state’s appetite for sensitive information is dangerous under any flag.
Trans Author Jennings' I Am Jazz Is One of the Most Banned Books in the U.S.
The book may never achieve the cultural recognition of some other top censorship targets, but the fight over I Am Jazz symbolizes America's trans moral panic.
New Japanese Law Makes 'Online Insults' a Jailable Offense
Dedication to free speech is in short supply around the world, with Britain and Canada previously considering similar bills.
The Dangerous Lesson of Book Bans in Public School Libraries
An obscure Supreme Court case provides a roadmap through the curricular culture war.
China Kinda Sus: Indictment for "Transnational Repression Scheme to Silence Critics" of China in U.S.
Defendants include a DHS employee and a retired DHS law enforcement agent.
Border Patrol Launched a Surveillance Blimp Over Nogales, Arizona. Town Officials Didn't Know.
Residents of Nogales are now under the gaze of a round-the-clock surveillance craft.
Biden Issues Executive Order Designed To Protect Abortion Access
The abortion wars have entered a new phase.
State Reactions to the SCOTUS Ruling Against Discretionary Carry-Permit Laws Range From Compliance to Defiance
Some states promptly eliminated subjective standards, while others refused to recognize the decision's implications.
The Clarence Thomas Court Is Good News for Gun Rights, Bad News for Criminal Justice Reform
Like it or not, the Thomas Court is here.
Cop Who Killed Tamir Rice Briefly Hired by Small Pennsylvania Town
After community outrage and the mayor saying he wasn't told about Timothy Loehmann's policing background, the officer withdrew his application.
Court Rules for Student Free Speech as to Off-Campus "Me and the Boys Bout to Exterminate the Jews" Post
“Defendants cannot claim a reasonable forecast of substantial disruption to regulate C.G.’s off-campus speech by simply invoking the words ‘harass’ and ‘hate’ when C.G.’s speech does not constitute harassment and its hateful nature is not regulable in this context.”
The Troubling Meaning of the 'We Will Adopt Your Baby' Meme Wars
The debate isn’t a panorama of the whole American abortion war, but it is a snapshot of a key battle after a surprise victory, and it shows no path to peace.
Two Cases Reject Pseudonymity for Porn Copyright Infringement Defendants
The split in the cases grows.
Elected Official vs. [Chocolate] Dick At Your Door
Ventura County Supervisor Linda Parks sues a company that's in the business of delivering "chocolate Dick[s]," "offensive 5 inch chocolate phallus[es] with no redeeming social qualities, whatsoever."
When Spiegelman's Maus Was Challenged, Sales Spiked
How school board members lashed out against dirty words
Threatening to Disclose That Someone Had Been Molested Isn't Criminal Harassment (in N.Y.)
Plus a nice catalog of how high the bar can be for punishable threats under New York law.
India Wants Twitter To Participate in Government Censorship
Social media platforms may marginally support free speech. Government censors are trying to stop that.
Good Thing the United Cajun Navy Apparently Has a JAG Corps
An interesting threats case, from the Louisiana Court of Appeal
How Would You Change the Constitution?
I asked scholars, podcasters, and passersby how they'd change the nation's founding charter. Here's what they told me.
Blocking a Highway Is Not a Legitimate or Effective Form of Protest
Climate protesters who blocked an interstate outside D.C. likely cost a man his parole.
Brian Doherty: From MAD Magazine to Maus
A new history, Dirty Pictures, explores how underground comix revolutionized art and exploded censorship once and for all.
National Constitution Center Releases Reports on "Restoring the Guardrails of Democracy"
The project includes reports by conservative, libertarian, and progressive teams. I am coauthor of the Team Libertarian report.
Why Didn't a 'Red Flag' Law Prevent the Illinois Mass Shooting, and Would New Federal Rules Have Mattered?
The answers underline the limitations of laws that aim to prevent this sort of crime by restricting access to firearms.
New Supplemental Materials on American Constitutionalism
Over 150 new edited documents in the 2022 update to Gillman, Graber, and Whittington's American Constitutionalism
