Civil Liberties
No Gag Order in Lawsuit Against Church Alleging Child Sexual Abuse Coverup
The court rejects the argument that publicity about the lawsuit might taint jury pool, and "has imposed a deep emotional burden upon [church's] current members, imposes a possibility of some clients of the church's weekly meal, food pantry, counseling programs, or other services withdrawing their participation [and] imposes a possibility of loss of donors."
Biden's Justice Department Goes After Police Misconduct
A sharp departure from the Trump administration's approach
If You Care About Police Accountability on January 6, You Should Care About It Every Day
Supporting the cause because your "side" went down is not a principled position.
COVID Money Funded Ankle Monitors for Student-Athletes in Washington
"You have no choice in the matter."
Russian Ammo Ban Hurts Gun Owners, Not Vladimir Putin
Stopping the import of Russian ammo is just pretending to do something noble.
The Court Order Approving Sanctions Against Sidney Powell Shows How Hastily She Assembled Her Kraken
A federal judge concluded that Powell and eight other pro-Trump lawyers who challenged Michigan's election results made frivolous arguments and treated evidence recklessly.
Heckler's Veto at SUNY Binghamton May Have Violated First Amendment
The university shut down a speech by noted economist Arthur Laffer because of organized heckling by “progressives.”
Don't Be Surprised if Gun Owners Don't Comply With Gun Control Laws
Getting a law passed is not the same thing as getting people to obey.
Our New Article on "Vaccine Passports as a Constitutional Right"
I coauthored it with Kevin Cope (University of Virginia) and Alex Stremitzer (UCLA/ETH Zurich)
Chicago Audit Finds ShotSpotter Alerts Rarely Lead to Evidence of Gun Crimes
The report followed media investigations into ShotSpotter's reliability and activist pressure on Chicago to cut its contract with ShotSpotter.
TikTok 'Hatescape' Hype Ignores Important Details
A new analysis reportedly showing a huge proportion of TikTok content is racist tells us nothing about the overall prevalence of extremist and bigoted content on the app.
Since Platform-by-Platform Censorship Doesn't Work, These Researchers Think, the Government Should Help 'Halt the Spread of Misinformation'
Their study found that Twitter's efforts to police Donald Trump's false election fraud claims were ineffective and may even have backfired.
Kimberly Klacik Files Defamation Suit Against Candace Owens
The former GOP House candidate is suing The Daily Wire's Candace Owens for $20 million.
The Taliban Is No Excuse To Crack Down On Secure Tech
Breaking encryption technologies always makes us less safe, no matter what the justification.
The Honorable Thomas Griffith, Blogger
The former D.C. Circuit Judge is now a contributor to the Yale Journal on Regulation's Notice & Comment blog.
Anonymity of Libel Helps Justify Punitive Damages
"[M]ost revealing of actual knowledge of falsity is the vehicle chosen by Riccio to spread the falsehoods—the anonymous letter."
Federal Government Lawyer Suing for Employment Discrimination Can't Sue Pseudonymously,
despite the argument that, “because she ‘defends federal agencies against employment discrimination claims,’ she may ‘make legal arguments that differ from the ones she has made and makes as an AUSA,’” so “proceeding under pseudonym will allow her ‘to make such arguments without the concern that opposing counsel will be able to identify her and/or her filings that take or may take a different legal position.’”
UConn Students Fighting for Broader Free Speech Protections Face Backlash on Campus
Despite the outraged response from his peers, student Isadore Johnson is still optimistic about the future of free speech at UConn.
A Houston Man Framed on Drug Charges Is Suing the Lethally Corrupt Cop Who Sent Him to Prison
Otis Mallet's ordeal, like the deaths of Dennis Tuttle and Rhogena Nicholas, involved a fictional drug purchase.
China's New Data Privacy Law Doesn't Protect People Against the Biggest Threat: The Government
The law just addresses use of individuals' data by private companies, carving out exceptions for government harvesting of data.
48% of Americans Want the Government To Restrict Misinformation on Social Media
The Pew Research Center found that support for censorship is increasing.
Governments Love a Media Cartel—As Long as They're in Control
Friday A/V Club: Some people are against concentrated media power. Some just want to bend it to their will.
Does the First Amendment Shield a Government Official From Being Censured by His Colleagues?
The Supreme Court will hear the case this fall.
Police Reform Without Qualified Immunity Reform Is Worthless
Lawmakers have reportedly taken any changes to qualified immunity off the table.
YouTube Has the Right To Shut Down Rand Paul. That Doesn't Mean It Should.
Big tech platforms should encourage debate, not forbid it.
Is Face Mask Skepticism Beyond the Pale?
A rational debate requires acknowledging both the strengths and the weaknesses of the scientific evidence.
Trademark Confusion Lawsuit Over "ASU: No More Social Distancing. No More Masks. It Is Time to Party!" Posts
ASU loses, even though the defendant “stopped participating in this action after his answer was stricken” “for litigation misconduct”: “[A]a reasonably prudent consumer would not be deceived or confused into believing that ASU was the ‘source or origin’ of the posts and messages emanating from the ‘asu_covid.parties.’”
Challenge to Zoning Restrictions on Shooting Clubs Can Continue
So holds the Third Circuit, applying intermediate scrutiny to a limit on center-fire rifle shooting and to a requirement that clubs be nonprofit.
One America Network's Libel Lawsuit Against Rachel Maddow Rejected by Ninth Circuit
Maddow had said OAN "really literally is paid Russian propaganda," in reaction to a Daily Beast story that an OAN employee had also been freelancing for Sputnik News.
Two Hawaii Gun Regulations Struck Down
The laws require that “individuals purchase a handgun ... within 10 days of obtaining a permit to acquire” (Hawaii law requires such a permit) and that “individuals physically bring their firearm to the police department for in-person inspection and registration within five days of acquiring it.”
