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)
Civil Liberties
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.”
This Innocent Man Spent 23 Years Behind Bars. He's Suing the Police Who Put Him There.
Ricky Kidd wants accountability.
As Defamation Lawsuits Against 3 Election Conspiracy Theorists Proceed, They Will Get Another Chance To Present Their 'Evidence'
Rudy Giuliani, Sidney Powell, and Mike Lindell can still beat Dominion Voting Systems in court by showing that their accusations were true.
D.C. High Court Opines on Injunctions Against Speech About People
The decision raises more questions than it answers, but it does note that there is no general First Amendment exception for speech about "matters of private concern" (i.e., daily life matters unrelated to bigger ideological questions).
A Federal Cop Devised a Bogus Sex Trafficking Ring and Jailed This Teen for 2 Years. The Cop Can't Be Sued.
The most powerful officers are held to the lowest standard of accountability.
Rand Paul's Criticism of Cloth Masks Was Stronger Than the Evidence Justifies
Whether or not YouTube should have suspended him, the senator overlooked the limitations of the studies he cited and ignored countervailing research.
Judge Denies Powell, Giuliani and My Pillow Motions to Dismiss Dominion's Defamation Suit
Another bad day for the Kraken team of lawyers.
Rep. Devin Nunes' Libel Lawsuit Against the Washington Post Can Proceed
"A reasonable juror could ... conclude that the article was materially false because it stated that Nunes had made ... a baseless claim (when he had not)."
Facebook Oversight Board: "Fucking Chinese" Referring to Chinese Government Not Forbidden by Facebook Rules
"It is crucial to ensure that prohibitions on targeting people based on protected characteristics not be construed in a manner that shields governments or institutions from criticism."
A Black Market in COVID-19 Vaccination Cards Was Inevitable
Mandates, instead of incentives, were always going to drive people away.
The Biden Administration Is Pushing Social Media Platforms To Expand Their Definition of Intolerable COVID-19 'Misinformation'
Online censorship by proxy undermines the ordinary process for checking claims and counterclaims.
California Law Would Limit Free Speech at Vaccination Sites
Plus: Wiretapping social media, Democrats' budget proposal, cryptocurrency regulations, the infrastructure bill, and more..
How a Sneaky Crypto Crackdown Plot Blew Up the Infrastructure Bill
Cryptocurrency advocates fight back against major government overreach.
A Federal Judge Lets a Cruise Line Require Proof of Vaccination, Saying a Florida Law Banning the Practice Is Probably Unconstitutional
Gov. Ron DeSantis' embrace of the law contradicts his avowed commitment to economic freedom.
Fourth Amendment Forbids Handcuffing Driver Just Because He Has Gun + Gun Permit
"Any contrary holding 'would eviscerate Fourth Amendment protections for lawfully armed individuals' by presuming a license expressly permitting possession of a firearm was invalid."
Florida Ban on Private Businesses Requiring Vaccine Verification Likely Violates the First Amendment
So a federal court concludes, in a decision about cruise lines but using reasoning that likely applies to other businesses as well.
