Civil Liberties
A Compromise Bill on Domestic Surveillance Reform Aims to Do Just Enough to Shut Trump Up
Privacy activists on the left and the right decry a limp set of proposed changes to the USA Freedom Act.
Can Law Ban False Reporting About Coronavirus?
Probably, if it's limited to knowing falsehoods (or perhaps statements where the speaker knows they are probably false).
Rocker Nick Cave Defends Old Songs From 'Perpetually Pissed Off Coterie of Pearl-Clutchers'
"I would rather be remembered for writing something that was...offensive, than to be forgotten for writing something bloodless."
The Bloomberg and Steyer Fiascoes Should Give Pause to Speech Restrictionists
No amount of money can buy victory for candidates who fail to persuade voters.
Biden Likens Owning an AR-15 to Falsely Shouting Fire in a Crowded Theater
The presidential contender has trouble explaining why the guns he wants to ban fall outside the Second Amendment.
New Jersey Security Guard Arrested for Gun He Has Permit to Carry
When it comes to guns, pretty much nothing is legal in New Jersey, according to their police.
Manhattan Federal Court Coronavirus-Related Restrictions
In light of this, should the presumptive First Amendment right of access to court cases require the court to provide video coverage of hearings?
Will We See Real Surveillance Reform This Week?
The USA Freedom Act is about to sunset. Who will decide how and if it will be changed?
Senators Push Sneaky Anti-Privacy Bill
The EARN IT is an attack on encryption masquerading as a blow against underage porn.
Would a Ban on Handshaking Be Constitutional?
Not that I'm suggesting it, but it's an interesting con law hypo.
Criminal Libel Conviction for Anti-Nixon Cartoon
An interesting 1969 case (based on a publication right after the 1968 election), reversed on appeal in 1974; thanks to Jacob Gershman (Wall St. J.) for letting me know about it.
Did Louisiana Enact a Bogus Health Law as a Pretext for Banning Abortion?
The Supreme Court weighs abortion regulation in June Medical Services v. Russo.
Chuck Schumer's Trumpian Attack on the Supreme Court Threatens the Judicial Independence That Democrats Claim To Defend
The Senate minority leader threatened two justices by name, and then he lied about it.
The Trump Campaign Sues Another Newspaper
Plus: Judge rejects Gabbard's Google lawsuit, Bloomberg drops out, and more...
She Said He Said He Saw Demons. Then He Had to Give Up His Guns.
A bizarre Florida “red flag” case shows the importance of safeguards that protect people’s Second Amendment rights.
No, Google Didn't Violate Tulsi Gabbard's First Amendment Rights, Federal Judge Rules
"Google is not now, nor (to the Court's knowledge) has it ever been, an arm of the United States government," wrote District Judge Stephen Wilson.
More on Steve Farzam, L.A. Businessman Accused of Using Forged Court Order …
to try to vanish online magazine article about him.
Cops Arrested and Handcuffed a 10-Year-Old Boy for Pointing a Toy Gun at a Car
"I was, at the time, very scared."
Husband of Embattled Los Angeles D.A. Pulls Gun on Protesters at Their Door
District Attorney Jackie Lacey faces re-election today against a tough field calling for more criminal justice reforms.
Brett Kimberlin (Speedway Bomber) Loses Attempt to Vacate Long-Past Convictions
Kimberlin is also known for having accused Dan Quayle of having bought marijuana from him, and has since become a frequent litigant, including against bloggers Patrick Frey (Patterico), Aaron Walker, and others.
SCOTUS Denies Certiorari in Bump Stock Case (But Justice Gorsuch Blasts Lower Court's Reasoning)
A high-profile gun case actually presents meaty questions of administrative law
Are Quarantines a Proportionate Response to the Coronavirus?
While the use of force can be justified to curtail the spread of communicable diseases, the threat has to be weighed against the burdens on potential carriers.
Gorsuch Throws Shade at Trump Administration for Rewriting Federal Gun Laws Without Congressional Approval
“Why should courts, charged with the independent and neutral interpretation of the laws Congress has enacted, defer to such bureaucratic pirouetting?”
"Once the Cat Is Out of the Bag, the Ball Game Is Over"
It's often very hard to get court filings retroactively sealed.
Klobuchar's Tough-on-Crime Past Finally Comes Back to Bite Her
Plus: South Carolina primary tallies, coronavirus claims two lives in Washington state, and more...
Interesting Official Privilege Case,
stemming from a dispute about picketing and open carry.
After He Found California's Indefinite Detention of Sex Offenders Wasn't Working, the State Shut Him Down and Destroyed His Research
Psychologist Jesus Padilla was forbidden to complete research that could have set many indefinitely committed people free. He died with the work unfinished.
'Conservatives Will Cease To Exist Online': CPAC Speakers Fret About the Tech Bogeyman
Some panelists at the conservative conference want to give the government more power over social media.
Rand Paul Says Trump Is Backing Surveillance Reform
Plus: Who's using Clearview AI?, court rules against Joe Arpaio, and more...
Federal Immigration Raids in 'Sanctuary Cities' Have Conservatives Abandoning Federalism
Apparently, conservatives believe in states' rights, except when they don't.
A New Book Reveals Facebook's Problems Started Way Before the 2016 Election
In Facebook: The Inside Story, even Steven Levy’s most generous conclusions about the tech giant are still pretty damning.
The Feds' Bulk Collection of Our Data Records Has Been Expensive and Useless. But That Doesn't Mean It's Going to Stop.
A congressional battle erupts over how much to reform the soon-to-expire USA Freedom Act—if they reform it at all.
Encryption Foes in Washington Won't Give Up
Government officials keep trying to make us expose our data to them—and the criminals who ride on their coattails.
YouTube Isn't Bound by the First Amendment
So the Ninth Circuit correctly (and unsurprisingly) holds in Prager University v. Google.
Trump Campaign Files Libel Lawsuit Against The New York Times
Trump has long complained that libel laws need to be loosened to allow more lawsuits against media outlets.
PragerU's Attempt To Violate YouTube's 1st Amendment Rights Shot Down By 9th Circuit Court of Appeals
The conservative nonprofit Prager University alleged the company should not be allowed to place its videos on "Restricted Mode."
Taylor Lorenz Makes Sense of Online Culture for the Rest of Us
The New York Times technology reporter is revealing how social media is encouraging individual expression.
Supreme Court Weighs Free Speech and the Right to Encourage Illegal Immigration
The justices heard oral arguments this week in United States v. Sineneng-Smith.
Biden Suggests Bernie Sanders Partially Responsible for 150 Million Gun Deaths, Argues for Renewed Assault Weapons Ban
The former vice president's accusations require a couple of footnotes.
Profs. Dorf & Koppelman on Anti-BDS Laws
A couple of posts prompted by an error (since corrected) in an article that cited our brief.
Delaware Court Creates Expungement Remedy for Quickly Dismissed Protection-from-Abuse Orders
"[T]he parties argued as public figures employed in the areas of law and civil service, their livelihoods are tied to their reputation."
Connecticut Commission Opposes Repeal of "Racial Ridicule" Law
"At a time when hate and bias incidents are on the rise, it is crucial that the state not remove these types of prohibitions that deter or punish this unacceptable behavior."
Can Senseless Gun Regulations Be Constitutional?
Under New York's rules, licensed pistol and revolver owners were not allowed to leave home with their handguns unless they were traveling to or from a shooting range.