Republicans Mull Shutting Down the Government Over Vaccine Mandate Funding
Plus: SCOTUS hears oral arguments in landmark abortion case, supply chain bottlenecks and labor shortages are holding back economic growth, and more...
Civil Liberties
Connecticut "Racial Ridicule" Ban Challenged in Federal Court
The law is unconstitutional as written—but it has also been used by prosecutors far beyond its specific terms.
§ 230 and the Civil Rights Modernization Act
My testimony today before a House Subcommittee on Communications & Technology hearing on proposed revisions to § 230.
§ 230 and the Protecting Americans Against Dangerous Algorithms Act
My testimony today before a House Subcommittee on Communications & Technology hearing on proposed revisions to § 230.
§ 230 and the SAFE TECH Act
My testimony today before a House Subcommittee on Communications & Technology hearing on proposed revisions to § 230.
§ 230 and the Preserving Constitutionally Protected Speech Act
My testimony today before a House Subcommittee on Communications & Technology hearing on proposed revisions to § 230.
§ 230 and the Justice Against Malicious Algorithms Act
My testimony today before a House Subcommittee on Communications & Technology hearing on proposed revisions to § 230.
Without Promising Alternatives to the 'Viability' Rule, the Supreme Court Seems Inclined to Ditch Its Abortion Precedents
The justices may find it difficult to uphold Mississippi's abortion ban without overturning Roe v. Wade.
Abortion, Marbury v. Madison, and What's "Written in the Constitution"
The oft-heard argument that something isn't "written in the Constitution" is not as compelling as it might seem. Sometimes, it's outright false.
Plaintiffs Seeking Religious Exemption from Private Employer's Vaccine Mandate Allowed to Proceed Pseudonymously
"Given the charged atmosphere concerning vaccinations and vaccine mandates, and for the other reasons discussed above, the Court is persuaded that this is the rare case where a party should be permitted to proceed pseudonymously."
Facebook Fact-Checkers Are Stifling Open Debate
It's true that some users spread lies on social media. But this can’t be solved by partisan “fact-checking."
Can SCOTUS Draw a New Line on Abortion?
The "viability" rule is arbitrary. So are the alternatives.
Journal of Free Speech Law Panel on Regulating Social Media Platforms Tomorrow (Wednesday) at 11 am Pacific
It's with Profs. Jack Balkin (Yale), Daphne Keller (Stanford), and Mark Lemley (Stanford), moderated by Jane Bambauer (Arizona).
California's Ban on Magazines Holding More Than 10 Rounds Is Constitutional, 9th Circuit Decides
Despite such magazines being widely and lawfully used, and with the ban having been tossed out by other courts and court panels, the 9th Circuit thinks the ban does not violate the Second Amendment
Federal Court Rules Takings Clause May Require Compensation when Police Destroy an Innocent Person's Home in Process of Pursuing a Suspect
The decision is at odds with rulings by some other federal courts, and could end up setting an important precedent.
When Does Government "Fairly Represent" Public Interest Groups' Views, Thus Barring Them from Intervening?
An important and interesting question, arising here as to Title IX, free speech, and due process, but relevant more generally as well (and now pending before the Supreme Court).
"Someone Going Through Your Underwear Without Permission" May Be "Highly Offensive"
Even when you're not wearing it.
A SWAT Team Blew Up This Innocent Woman's House and Cost Her Over $50,000. The City Tried To Stop Her From Suing.
A federal court wasn't having it.
Why the 14th Amendment Does Not Prohibit Abortion
The argument made by Finnis, George, Hammer and others, that abortion is unconstitutional is not supported by text or history.
Incoming New York Mayor Makes Vague Case for the 'Proper' Kind of Stop-and-Frisk
Eric Adams thinks he can give the police more power to hunt for guns without making innocent minority men the inevitable target.
Jack Dorsey's Exit From Twitter Could Worsen Tech Censorship
The site's long-serving boss might be more committed to free speech than his successor, Parag Agrawal.
The U.S. Imposes Travel Restrictions in Response to New COVID-19 Variant. Again.
Plus: Los Angeles will start fining businesses that don't enforce the city's vaccine passport system, Disney yanks a China-critical Simpsons episode, and more...
Toronto School Board Refused to Promote Event with Nobel-Winning Critic of ISIS
A school board official told said "students would not participate in a book-club event scheduled for February with Nadia Murad, a Nobel Prize-winner and activist," because "Ms. Murad’s book, 'The Last Girl: My Story of Captivity, and My Fight Against the Islamic State,' would foster Islamophobia."
Biden Wants To Empower the IRS Despite Its Track Record of Trampling Rights and Undermining Privacy
The IRS' track record suggests that beefed up enforcement will also mean more trampling of Americans' due process rights.
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.
