Civil Liberties
Some Potentially Racially Offensive Terms Can't Be Trademarked—Because They're Too Common, Not Because They're Racially Offensive
The Trademark Trial and Appeal Board rejects the mark “Nigga” for clothing, because it’s so commonly used by others that it doesn’t serve to identify the applicant’s products (logic that equally applies to "Team Jesus," "Texas Love," and "God Bless the USA").
Utah Woman Charged With Hate Crime for Stomping on 'Back the Blue' Sign
The case is yet another instance of law enforcement using hate crime enhancements to punish people for criticizing them.
Bronx Conservatory of Music Can't Seal Sexual Harassment Counterclaim Against It
"Bronx Conservatory does not cite (and this Court has not found) any case, in this jurisdiction or elsewhere, in which an employer accused of sexual harassment has succeeded in sealing the pleading containing that accusation on any of the grounds asserted here."
Microsoft Is Using Bitcoin to Help Build a Decentralized Internet
The ION project promises to give individual users absolute control over their online identity and privacy.
The Case Against Imposing Common Carrier Restrictions on Social Media Sites
The rationales for doing so are weak, and would create a dangerous slippery slope, if accepted.
The Capitol Police Will Open Offices in the States To 'Investigate Threats to Members of Congress'
The House of Representatives gave the agency $2 billion in additional funding.
Treat Tucker Carlson's NSA Snooping Claims Seriously, but Not Literally
The Fox News pundit’s emails were probably reviewed legally—and that’s part of the problem.
Government To Blame for Texas Church Shooting That Left 26 Dead, Says Court
Plus: Trump's absurd lawsuits against social media, states take aim at Google app store, and more...
SCOTUS Revisits Gun Control
"The Second Amendment does not exist to protect only the rights of the happy few who distinguish themselves from the body of 'the people' through some 'proper cause.'"
Hawaii Bill Legalizing Stun Guns Just Became Law Today, Will Become Effective Jan. 1
Rhode Island, maybe New York, Wilmington (Delaware), and a few small towns are the only places in the U.S. that still forbid stun guns.
Fifth Circuit Strikes Down Ban on Religious Proselytizing at El Paso Art & Farmers Market
The market was conducted on city streets, managed by the city, and open to the public.
Abigail Shrier: Trans Activists, Cancel Culture, and the Future of Free Expression
The Irreversible Damage author talks about getting deplatformed from Target and her support for gender-reassignment interventions.
Andrew Cuomo Declares a Gun Violence 'Disaster Emergency' and Signs a Bill That Invites Lawsuits Against Firearm Suppliers
New York's new law seems to conflict with a federal statute that protects manufacturers and dealers from liability for gun crimes.
Ohio Passes Controversial Conscience Clause for Doctors
Opposed by LGBT and pro-choice advocacy groups, the measure allows doctors to refuse to perform treatments on moral grounds
Trump Judicial Appointees Clash Over Qualified Immunity and 'the Woke Constitution'
The fight over qualified immunity divides "conservative" judges on the 5th Circuit.
The Campaign Against 'Extremism' Looks Like an Attack on Speech
Efforts against violence are turning into restrictions on ideas.
My Washington Times Article Making the Case for Increasing Compensation and Procedural Protections for Property Owners Who Lose their Land to Eminent Domain
It's the second in a two-part series on eminent domain reform.
Facebook Will Now Ban Criticism of "Concepts, Institutions, Ideas, Practices, or Beliefs" When They Risk "Harm, Intimidation, or Discrimination" Against Religious, National, or Other Groups
This includes "burning a national flag or religious texts, caricatures of religious figures, or criticism of ideologies."
Tennessee Woman Sues State Officials for Revoking Her '69' Vanity Plate
Nashville’s Leah Gilliam says her vanity plate is protected by the First Amendment.
After a False Abuse Allegation, Child Services Took This Mom's 3 Children Away
"We thought they helped people."
Economic Power Being Leveraged to Control Political Discourse
I'm serializing my new Social Media Platforms as Common Carriers? article, forthcoming in the Journal of Free Speech Law.
Social Media Platforms as Common Carriers?
I finally have a presentable draft of this article, forthcoming in the Journal of Free Speech Law; I'll be posting excerpts over the next couple of weeks.
Kelo, Originalism, and Public Use
A response to Jonathan Adler's attempt at an originalist defense of Kelo v. City of New London.
Should an Originalist Justice Support Overruling Kelo v. New London?
The general assumption that the Fifth Amendment bars takings for economic development purposes rests on shaky ground.
Why Didn't COVID-19 Kill the Constitution?
We can thank judges who were prepared to enforce constitutional limits on public health powers.
Is NYT v. Sullivan the Real Problem with Libel Law? (Updated)
Glenn Reynolds suggests it's how that landmark decision was applied and expanded that has created the real problem.
Clarence Thomas, the Supreme Court's Most Conservative Justice, Trashes Qualified Immunity Again
The Court has "failed to justify our enacted policy," he wrote.
Justice Thomas Takes Another Shot at Qualified Immunity
He repeats his concern that QI doctrine rests on "shaky ground" and imposes a "one-size-fits-all doctrine" that is "an odd fit for many cases," including those involving university administrators.
