Texas' 6-Week Abortion Ban Threatens Every Constitutional Right
If it is upheld, state legislators easily could use the strategy embodied in S.B. 8 to attack other rights the Supreme Court has recognized.
Civil Liberties
In 2022, Pay Attention to Right-Wing Authoritarianism
For decades, libertarians have focused on illiberalism coming from the political left. But authoritarianism has taken root among many conservatives across the world.
We Don't Know Why Murder Rates Spiked in 2020
It's bad public policy to leap to the conclusion that we do.
Should Prominent Surgeon Be Able to Pseudonymously Sue University of Michigan for Allegedly Improper Suspension?
If so, should that be because his "stellar reputation is a critical component to ensuring the public's trust for him to operate on their children for complex procedures"?
In 2021, Qualified Immunity Reform Died a Slow, Painful Death
Despite bipartisan momentum at the federal level, Congress still couldn't get anything over the finish line.
No Sealing of School Basketball Team Sexual Assault Case,
but the minors involved (including the accused students) will be pseudonymized.
Crime to Sexually Proposition, Knowing It's Likely to Annoy, Offend, or Alarm
That's the law in Delaware, it turns out.
No Security Clearance for Employee Who Had Admitted to Downloading Child Pornography
Also, "He also reported that in 2012, he had thought about amassing enough classified information to give to Russia or the Ukraine in exchange for a harem of little girls."
No Sealing or Pseudonymity for Sexual Assault Defendant
"[I]f the purported falsity of the complaint's allegations were sufficient to seal an entire case, then the law would recognize a presumption to seal instead of a presumption of openness."
No "Social Worker Exception" from the Fourth Amendment for Home Searches by Child Protection Officials
"[T]he Fourth Amendment applies equally whether the government official is a police officer conducting a criminal investigation or a caseworker conducting a civil child welfare investigation."
Facebook Said My Article Was 'False Information.' Now the Fact-Checkers Admit They Were Wrong.
While this is a problem, it's not one that scrapping Section 230 would solve.
This Year Wasn't as Bad as 2020, But We Deserve Better
It sucked for avoidable reasons.
The Year's Highlights in Blame Shifting
Politicians and cops found creative ways to dodge responsibility in 2021.
May Missouri Shooting Range Discriminate Against Muslims?
That's the issue raised by a newly filed federal lawsuit.
Merely Retweeting Link to Old Article Doesn't Restart Statute of Limitations
So holds the court in a libel lawsuit brought by Jerry Falwell, Jr.'s former personal trainer.
Fauci Wants To Kick the Unvaxxed Off of Airplanes
Should the no-fly list include another 70 million Americans?
As With Gun Control, Democrats' Voting Reform Bills Unlikely To Make a Difference
The bills call for reforms that would be nearly impossible to implement and will not prevent a repeat of 2020.
Lawyer's Letter to School Seeking Money for Long-Past Alleged Sexual Abuse by Ex-Teacher May Be Libelous,
notwithstanding the “litigation privilege,” if the statute of limitations has long passed and there is therefore no reasonable prospect of meritorious litigation.
Deng Xiaoping and the Communist Party Don't Deserve Credit for Chinese Economic Power
China's economic reforms were bottom-up, not top-down.
Who's Voting with their Feet for Texas and Why
Recent articles in the Texas Monthy and the New York Times provide some useful insight on why Texas has been gaining migrants at such a high rate.
"No One Knows What the Jury Will Make of the Parties' Social-Media Slings and Arrows"
Advice from a judge to the litigants in a libel case.
She Survived China's Attempt to Erase Her
“We have been through horrific things, but I’m still proud of being Uyghur," says Tursunay Ziyawudun, a survivor of China's torture camps.
Dismissed Professor vs. Student Libel Lawsuit Leads to Sanctions Requests, Denied All Around
"The statements include that Hubbard ... has been 'advocating for pederasty (pedophilia) for as long as he has taught at the University of Texas.'"
N.C. Supreme Court Holds "True Threats" Exception Requires Purpose to Threaten,
and remands for retrial as to whether such a purpose would be shown.
Plaintiffs from Conservative Religious Groups Have More Right to Proceed Pseudonymously in Sex Assault Lawsuits
Four courts have recently said yes, in cases brought by conservative Muslims and Christians.
Global Freedom Is on the Decline
A new report says 83 percent of the world's population is less free today than it was in 2008, and the gap between the world's most and least free countries is growing.
Mail-Order Abortion Pills, Now Officially Authorized by the FDA, Pose an Insoluble Problem for Legislators Who Want To Ban the Procedure
Federal regulators have permanently lifted a requirement that mifepristone be dispensed in person.
Dominion Voting Libel Suit Against Fox News Can Go Forward
"Dominion's well-pleaded allegations, however, support the reasonable inference that Fox's reporting was not accurate or dispassionate."
"I Despise White People" Lawsuit Against OSU Can Go Forward
A white administrator is claiming she was fired based on her race, and based on her complaints that her department chair said "I despise white people" and various other things.
Gen. Michael Flynn's Brother v. CNN Lawsuit Over Allegations of Being a "QAnon Follower"
can go forward as to the "false light" claim, but not as to the libel claim (at least unless the plaintiff can amend his Complaint to adequately allege specific economic losses).
Kim Kardashian's Love of Lower Taxes and Individual Rights Has Made Her Politically Homeless
It's a fairly benign thing to say. And yet it's a landmine in our media landscape.
Cops Held Two Innocent Boys at Gunpoint, Forced Them to Lie on the Ground, Handcuffed Them, and Searched Them. That's Fine, the 8th Circuit Said.
The Institute for Justice wants the Supreme Court to review the case—and to clarify the proper scope of "investigatory stops."
Magistrate Judge Expresses Concerns About DOJ's Not Explaining How It's Complying with Policy Related to Getting Information from News Media
“The events of January 6th were an attack on the foundation of our democracy. But this does not relieve the Department of Justice from following its own guidelines, written to preserve the very same democracy.... [This case] leaves the court to wonder who watches the watchmen.”
