Civil Liberties
The Trump Administration Is a Powerful but Unreliable Ally of Second Amendment Advocates
Even as the Justice Department files lawsuits aimed at vindicating gun rights, it undermines them in other cases.
How the ACLU Started Defending the Second Amendment
The civil liberties group, which long maintained that there is no constitutional right to arms, sang a different tune at the Supreme Court this year.
A U.S. Citizen Is Suing ICE for Arresting Him Twice. He Just Got Arrested a Third Time.
Leo Garcia Venegas and the Institute for Justice are suing to block immigration raids on private construction sites that target Latinos.
Lawsuit Against UW Social Work School Over Retaliation for Allegedly Anti-Trans Essay Can Go Forward
According to plaintiff, “[Prof.] Harner believed Plaintiff’s planned zine project [class assignment] was on ‘the issue of ‘trans’ people sexually assaulting others in prison,’ a topic Harner found ‘so many issues with.’”
Clarence Thomas Sets a New SCOTUS Record
Plus: A "supremely cringe" viral tweet about the Supreme Court
Brendan Carr's 'Equal Time' Threat Against The View Is Blatantly Unconstitutional, ABC Says
The FCC chairman seems determined to impose a requirement that would amount to a ban on interviews with political candidates.
Don't Blame ChatGPT for the Florida State Shooting
A new lawsuit claims that ChatGPT gave the shooter information about busy times on campus and how to use guns.
"New York Recognizes No Tort of 'Misgendering'"
The losing party on this had argued, "[The other party's lawyer] gives up the ghost as a transphobe twisting the First Amendment to mean, in effect, 'Intentionally misgendering you is free, not hate, speech,' a hollow, disingenuous notion echoing willfully ignorant, intellectually dishonest predators who weaponize incompetence as our social fabric tears at the seams in this 'Age of Information.'"
Father Free to Send Children to Church Camp During His Parenting Time, Even When Mother Objects to Church's Views on Women
"[A]bsent a clear showing of substantial harm to the child, the noncustodial parent retains his or her fundamental right to direct the child's religious upbringing during his or her parenting time."
Secret ICE Memo Tells Local Police Not To Disclose Immigration Enforcement Info Without ICE's Permission
The agency's transparency policies may undermine federal and state laws designed to ensure the free flow of information necessary to hold government actors accountable.
D.C. Circuit Seems Disinclined To Let Pete Hegseth Punish a Senator for His Speech
The defense secretary argues that military retirees like Sen. Mark Kelly are not allowed to say things he unilaterally deems "prejudicial to good order and discipline."
ATF Rule Changes Could Ease Restrictions for Gun Owners and Dealers
While not groundbreaking, the regulatory shifts offer some welcome relief.
DHS Reportedly Weighs Closing Florida's 'Alligator Alcatraz' Over Mounting Costs
Sources say the immigration detention center costs more than $1 million a day to run.
Pastor Found Guilty of Violating U.K. Speech Laws for Preaching John 3:16 Sermon Near Hospital
Clive Johnston's conviction marks the first of its kind under buffer zone laws involving speech entirely unrelated to abortion.
DOJ Challenges Denver's 'Assault Weapon' Ban and Colorado's Magazine Limit
Assistant Attorney General Harmeet Dhillon argues that both laws violate the Second Amendment by banning arms in common use for lawful purposes.
11 Big SCOTUS Cases That Will Be Decided Soon
From immigration and guns to executive power, transgender athletes, and mail-in ballots, these are the Supreme Court cases to watch out for in May and June.
Whatever Evidence the DOJ Has Against James Comey, It Cannot Transform '86 47' Into a Death Threat
Acting Attorney General Todd Blanche implausibly claims prosecutors can prove Comey "knowingly and willfully" threatened to murder the president.
Restricting Speech By Purportedly Protecting Children
Around the world, governments are censoring speech with the stated goal of shielding youth from online harms.
Surveillance Tools Intended for Border Control Are Being Used Against Americans
U.S. citizens are being monitored and punished with technology meant to battle illegal immigration.
Trump's Responses to Kimmel and Comey Highlight His Contempt for Freedom of Speech
The president is not shy about using government power to punish people for saying things that offend him.
Why the Courts Will 86 the Flagrantly Unconstitutional Charges Against James Comey
The case defies more than half a century of rulings on the “true threat” exception to the First Amendment.
Elite Panic and the Push to Regulate "Misinformation"
European leaders' warnings of a democratic apocalypse failed to materialize in 2024.
Gorsuch Says SCOTUS Is Doing 'Pretty Darn Well' in Handling the 'Hardest Cases'
The justice defends the Supreme Court as a model of respectful and principled adjudication.
How a Bill Banning AI Companions for Kids Could Usher in Widespread ID Checks Online
Plus: Supreme Court pauses ban on mail-order abortion pills, TikTok's artistic merit, a defense of pickup artists, and more...
How Bad Facts Make Good First Amendment Law
Jay Near was a hateful man whose litigation set a vital precedent for free speech.
"Gaslighting" Isn't "Abuse" for Child Custody Law Purposes
So holds an Oregon appellate court.
Department of Homeland Security
DHS Funded
Plus: FISA reauthorization, driverless trucks in California, and an Epstein suicide note.
California Can't Define 'Hate Speech' But May Mandate Workplace Training Anyway
The term “hate speech” gets thrown around a lot, but it’s legally protected in the U.S.
How High
Plus: FISA reauthorization passes the House, a very capitalist museum, escalation in the redistricting wars, and more...
"[Anti-Harassment] Injunctions Are Not a Remedy for Interpersonal Conflict"
So reasons a Florida appellate court, though other courts in other states seem to take a different view.
SCOTUS Narrows the Reach of the Voting Rights Act
Plus: The Supreme Court says “demands for a charity’s private member or donor information” raises First Amendment problems.
Free Speech Unmuted: "Defamacast" and More: How American Defamation Law Works
Jane and I lay out the structure of American defamation law, using the recent lawsuits brought by FBI Director Kash Patel as a launching point. Special bonus: Almost no discussion of New York Times v. Sullivan (an important case but one that listeners have doubtless heard much about elsewhere).
