Civil Liberties
A Study of What Police Know About Court Decisions Exposes 'Qualified Immunity's Boldest Lie'
The Supreme Court's notion of "fair notice," which it says requires blocking many civil rights lawsuits, is based on a demonstrably false assumption.
Georgia City Sued Over Ban on Tiny Houses, Small Cottages
Requiring that homes and apartments be a minimum size is a major driver of high housing costs. A new lawsuit from a nonprofit developer argues those rules are also unconstitutional.
Popular Progressive Policies Helped Ruin Venezuela. They Won't Work Here Either.
The idea that massive government spending, hate speech laws, and gun control will improve America—when they failed horribly elsewhere—is a dangerous myth.
Giving Kyle Rittenhouse Basic Due Process Is Not a Scandal
Such motions are "not uncommon in self-defense cases where there is a dispute over who bears responsibility."
Eyewitnesses with Their Backs Turned
An interesting "harassment, intimidate, or bullying" investigation case from New Jersey schools. (Corrected version of a post initially put up yesterday.)
Why Martin Luther King Couldn't Get a Carry Permit
Several groups urging the Supreme Court to overturn New York’s virtual ban on bearing arms emphasize the policy’s racist roots and racially disproportionate impact.
Court Allows Discovery of Funding Sources for Nunes Family Farms' Libel Lawsuit
against Esquire and Ryan Lizza.
Eyewitnesses with Their Backs Turned
An interesting “harassment, intimidate, or bullying” investigation case from New Jersey schools.
The PATRIOT Act's Poisoned Tree
Two decades after 9/11, the government's appetite for spying has only grown.
Your Cell Phone Is Spying on You
An FBI document reminds us: Your cell phone provider knows where you've been—and will tell the feds.
Whistleblower Absurdly Attacks Facebook's Privacy-Protecting Encryption Efforts
When "protecting users' safety" actually means the opposite
Garry Kasparov: From Communism's Last Chess Champion to Freedom Fighter
30 years after the collapse of the Soviet Union, its greatest—and last—chess champion reflects on the awful system that produced him.
Reno Criminalizes Possessing Whips Without a Permit
Carrying this archaeologists' accessory in the city's downtown without government permission is now a misdemeanor.
The Great Bumper Sticker Defacement Criminal Prosecution Fizzles
The smaller the teapot, the bigger the tempest.
Journal of Free Speech Law Public Conversations with Authors
The first will be with Jane Bambauer, Ash Bhagwat, Christopher Yoo, and me, this Tuesday at noon Pacific.
Americans Should Be Free to Express Their Opinions About Generals
whether by mail, by phone, or by social media—and whether about the generals' (or admirals') gender identities or religious beliefs or political beliefs or anything else.
Gen. Michael Flynn's Brother v. CNN Libel Lawsuit Over Allegations of Being a "QAnon Follower"
A Magistrate Judge has just issued a Report and Recommendation recommending that the case be dismissed, on the grounds that the allegations were substantially true.
If You Want to Have Court Filings Sealed, Don't "Treat[] a Motion to Seal as an Afterthought"
Be concrete and specific enough to pass the high bar needed to defeat the presumption of open access—and get it right the first time.
Supreme Court Agrees to Fast Track Review of Texas Abortion Law
The justices will hear United States v. Texas and Whole Woman’s Health v. Jackson on November 1.
Supreme Court Grants Certiorari in Texas S.B. 8 Cases (Updated)
The Court will hear oral argument in the two cases on November 1.
Gun Rights Activists Join Abortion Rights Activists To Fight Texas Abortion Law
The Texas law “could just as easily be used by other States to restrict First or Second Amendment rights,” the Firearms Policy Coalition tells SCOTUS.
The Firearms Policy Coalition Targets Texas S.B. 8
The gun rights group has filed a brief supporting the petition for certiorari in one of the cases challenging the controversial Texas abortion law.
The Second Amendment vs. the Seventh Amendment: The Terminal Decay of the Seventh Amendment and the Revival of the Second Amendment
The Second Amendment right is vibrant and prominent for many citizens. The Seventh Amendment right has shriveled to a husk of its former self.
Denied Treatment for His Cancer, This Kentucky Man Died in Prison After Vomiting Blood
In a lawsuit, Marc Crawford's widow says the state refused to give him his prescriptions and his chemotherapy.
You Can't Fight Campus Illiberalism With More Illiberalism
Free speech on campus is in jeopardy. But many people on the left and the right are rising to fight for our liberal democratic values.
The Second Amendment vs. the Seventh Amendment: Procedural Rights and the Problem of Incorporation
Recognizing the difference between substantive and procedural rights helps enormously in understanding the battles over applying the first eight amendments of the U.S. Constitution to the states. Procedural rights have failed; not only have they not improved procedures, they have made things worse.
Netflix CEO Apologizes for Having Principles
When employees tried their hand at a shakedown, CEO Ted Sarandos buckled a bit under the pressure.
In a New Survey, Victims of Philadelphia's Forfeiture Racket Highlight the Hazards of Giving Cops a License To Steal
"What they're doing is like robbery," observed one property owner.
Federal Regulators Greenlight Trading of Bitcoin-Linked Securities, Delighting Investors and Infuriating Cryptocurrency Critics
Plus: Cuba violates the rights of peaceful protesters, New Zealand leads the world in zoning reform, and more...
Lawyers, Law Students, Law School Administrators, and Language
Yale Law School's diversity miseducation.
The Second Amendment vs. the Seventh Amendment: The Distinction Between Substantive and Procedural Rights
Substantive rights have a core that can be meaningfully interpreted and protected; they can exist independently of a particular government or a particular legal system. Procedural rights lack such an independent core because they are necessarily embedded in a whole system of legal procedure, and they depend on that system for their meaning.
John Hart Ely on Planned Parenthood v. Casey
Despite his criticisms of Roe, he also believed in stare decisis
No Government Action (and Thus No First Amendment Violation) in Suspension of Plaintiffs' YouTube Accounts
So holds a federal district court, rejecting plaintiff's theories that (among other things) the government compelled the suspension, and that the government and YouTube were engaged in "joint action."
Qualified Immunity Reform Stalls in the States - and in the Supreme Court
Recent Supreme Court rulings and developments in state legislatures have dashed hopes for a quick end to the pernicious doctrine that protects abusive law enforcement officials.
Social Media Isn't To Blame for the Deadly Stabbing of a British Member of Parliament
Attempts by British lawmakers to erase online anonymity would lead to radical speech being pushed underground.
Dems Try To Pass Off $10,000 IRS Reporting Threshold as Merely Going After the 1 Percent
Proposed IRS surveillance now limited to non-wage net annual transactions of $10,000 and above. Which is still ridiculously low and intrusive.
"People Are Less Interested in Discussion Than Domination"
Wise words from the target of TrapPartyGate.
