Civil Liberties
Pharma Co. Seems Ready to Withdraw Request for Preliminary Injunction to Take Down Anesthesiology Journal Articles
The case is Pacira BioSciences v. American Society of Anesthesiologists, a trade libel lawsuit filed over journal articles and other publications questioning the efficacy of Pacira's pain-killer Exparel.
The State Department Fought To Allow 'Ghost Gun' Files and Won. Why Is It Still Trying To Remove Them?
Despite its victory, the State Department is insisting that a court order to allow the files to spread is not yet technically in effect.
Tennessee Man Arrested for Posting Picture Mocking Dead Police Officer Files First Amendment Lawsuit
Police arrested and charged Joshua Garton with harassment for posting a photoshopped picture of two men urinating on a police officer's grave.
N.Y. Police Officer Sues Protester Over Anti-Asian Insults, Alleged Spitting
Detective Vincent Cheung is suing Terrell Harper.
"Tenured Professor Abruptly Fired After Raising Allegations of Anti-Semitic Speech by Linfield University's President"
"[Daniel] Pollack-Pelzner ... is [also] one of many Linfield faculty members and students who have pushed back against the allegedly poor handling of sexual abuse and [harassment] claims by the administration."
This School Punished a Cheerleader for an Off-Campus Snapchat. Does That Violate the First Amendment?
The Supreme Court weighs the power of school officials to punish students for off-campus speech.
Joe Biden Wants To Close the 'Boyfriend Loophole.' Here's What That Means.
Plus: Ghost guns, the unintended consequences of criminalizing sex work, and more...
Joe Biden Just Outlined the Most Expensive Agenda in Modern History. Progressives Want More.
"We need a Green New Deal for Public Housing," says Rep. Jamaal Bowman. "We need a Green New Deal for Cities…and we need a Green New Deal for Public Schools."
California Already Tried Biden's Ghost Gun Ban. It Didn't Work.
Two years after California banned them, the ATF was complaining that 41 percent of guns they came across in L.A. were the very guns already banned
If Biden Is Serious About Criminal Justice Reform, He Needs To Get Serious About Qualified Immunity
The doctrine shields state actors from accountability.
Gunmaking CAD Files Free To Spread Around the Internet, 9th Circuit Rules
States had been trying to stop the Feds from loosening their hold on certain software, but the Appeals Court says they don't have that power
This 87-Year-Old Republican's Bill Would Restore the Second Amendment Rights of Cannabis Consumers in States That Have Legalized Marijuana
Under current law, marijuana users who possess firearms are committing a felony punishable by up to 10 years in prison.
Society Is Richer and More Accepting, Thanks to Libertarian Ideas
And yet neither Democrats nor Republicans represent those principles.
SCOTUS Will Decide Whether the Right To Bear Arms Extends Beyond Your Doorstep
New York, like several other states, limits public carrying of handguns to the favored few.
Report: FBI Misused Foreign Surveillance Powers To Investigate Domestic Crimes
Section 702 is supposed to be used to snoop on spies and terrorists, not Americans.
Don't Call CPS on Parents Who Mask Their Kids; Don't Call the FCC on Tucker Carlson
Plus: 15,000 marijuana prosecutions pardoned, the latest sex trafficking urban legend, and more...
Is International Surveillance of Cryptocurrency Use on Its Way?
Say what you will about the U.S., but its financial reporting rules are at least consistent.
"The New Taboo: Quoting Epithets in the Classroom and Beyond" Now Published
The article is co-written by Prof. Randall Kennedy (Harvard), a leading scholar of race and the law, and me.
A Ban on Menthol Cigarettes Will Lead to More Confrontations Between Black People and Police
If public health scolds get their way, they will worsen the nation’s overcriminalization problem.
Marco Rubio Echoes the Chinese Tyrants He Supposedly Hates
If you're going to attack Mark Zuckerberg for cozying up to Xi Jinping, maybe you should try harder not to sound like a Chinese dictator.
SCOTUS Just Agreed To Hear a Major New Second Amendment Case
The Supreme Court will hear arguments next term in New York State Rifle & Pistol Association v. Corlett.
Warrantless Border Searches Draw Call for Supreme Court Action
The feds say they can paw through your phone and laptop any time you enter or leave the country.
A Sanctuary State of the Right
Montana's new law refusing to help enforce federal gun restrictions is similar to liberal "sanctuary cities'" refusal to assist in federal immigration enforcement. Both are protected by Constitution.
"President Trump, Justice Thomas, and the Future of Social Media": A National Constitution Center Podcast Episode,
with Center head Jeffrey Rosen; Katie Fallow, senior staff attorney at the Knight First Amendment Institute; and me.
Dr. Luke Isn't a Public Figure for Purposes of His Libel Lawsuit Against Ke$ha
So the New York intermediate appellate court held yesterday, by a 3-2 vote.
Americans Can't Agree About How Often Mass Shootings Occur, Let Alone the Right Policy Response
A new RAND analysis shows how difficult it is to answer basic questions about this rare variety of homicide.
REAL ID Deadlines Threaten America's Post-COVID Travel Plans. Could We Please Kill This Law?
More than half of Americans don’t have these new licenses. Airports are supposed to start checking them by October.
Biden's Plan to Stop Ghost Guns Is Doomed To Fail
"There's this growing gap between what's on paper and what is enforceable in law," says Kareem Shaya, the co-founder of Open Source Defense.
Tim Scott Is Proposing a Major Reform to Qualified Immunity
The GOP has resisted reining in the doctrine. That might change.
Duty to Retreat and Duty to Comply with Demands
If you support the duty to retreat (before using deadly force), what do you think of the duty to "comply[] with a demand ... [to] abstain from performing an act"?
Experts Agree That Outdoor Post-Vaccination Masking Is Useless
Plus: U.S. approves sanctions on Myanmar's state-run businesses, Howard University dissolves its classics department, and more...
The Chauvin Verdict Is a Reminder That We Still Need To Abolish Qualified Immunity
Most victims of police misconduct never get to take their cases to court.
Lawmakers Look To Stop the Feds From Secretly Buying Your Private Data
A 2018 Supreme Court decision was supposed to protect your location data from federal snooping. That’s not what happened.
Myanmar Protests Show an AR-15 Will Protect a Lot More Freedom than a Slingshot
If small arms can’t defeat a modern military, why are the people of Myanmar so determined to fight for freedom?
3/4 of States Are Now Stand Your Ground; only 12 Are Duty to Retreat
But what exactly do these terms mean?
NYT: Tech Crackdowns Are Only Bad When Other Countries Do Them
By invoking the magic of good intentions, the Times justifies the U.S. acting like Russia and China.
"Retroactive" Liability after Barr v. AAPC
Judge Stephanos Bibas "does not see how" he can follow the plurality opinion
Social Media Platforms as Common Carriers?
An interesting conversation I had with UMass law professor (and associate dean) Shaun Spencer, organized by the UMass Law Federalist Society.
