Everybody Is Jumping to Conclusions About This Couple's Show of Force in Response to Trespassing Protesters
Mark and Patricia McCloskey's justification for brandishing their guns depends on facts, not ideology.
Civil Liberties
Federal Cops Are Leaving Portland. But Will the Standoff Really End?
With many of the city's entertainment options shut down, protesting has become a form of nightlife.
We Should Name Military Bases After Lynched Black Veterans Who Fought for Freedoms They Were Denied
Let's replace the names of Confederate figures with those of patriots who upheld America's ideals.
The Second Amendment Is Not Restricted to White Conservatives
An encounter between militias in Louisville shows the enduring practical and symbolic importance of the right to armed self-defense.
E-Mails to Sen. McConnell Found Not to Be Criminally Threatening
"Weiss's comments were also steeped in 'rage and frustration,' and they were indisputably violent. Nonetheless, read in context, the statements predicted that other people would hurt Senator McConnell, not that Weiss would."
Harassing E-Mail to Sen. McConnell Can't Be Punished as "Speech Integral to Criminal Conduct"
"The First Amendment limits Congress; Congress does not limit the First Amendment."
Laws Protecting Private Employees' Speech and Political Activity Against Employer Retaliation: Limited to Signing Petitions or Contributing to Campaigns
Arizona, D.C., Georgia, Iowa, Minnesota, Missouri, Ohio, Oregon, Washington; Louisiana, Massachusetts, Oregon; possibly Hawaii, Idaho, Kentucky, Tennessee, West Virginia, Wyoming, Guam.
'The President's Speech Police': Trump Pushes Forward With Regulating Bias Online
Plus: The EARN IT Act is "a wolf in sheep's clothing," Joe Biden's "Agenda for Women," and more...
What Cancel Culture Has In Common With Medieval Outlawry
Both outlawry and cancel culture grow out of the same human impulse toward ostracism, the desire to exclude offenders from “respectable” society.
May Judges "Participate in Marches, Demonstrations, Vigils, [and] Protests"?
The Indiana Commission on Judicial Qualifications opines.
Injunction in Libel Case Against the Spamhaus Project
An interesting decision stemming from a dispute about whether the Spamhaus Project properly placed DatabaseUSA.com on a blocklist.
National Guardsman Contradicts Trump Administration's Account of Use of Force Against Protesters
A National Guard officer will testify that the June 1 clearing of protesters outside the White House was "an unnecessary escalation of the use of force" and "deeply disturbing."
The Feds Are Still the Jackbooted Thugs We Were Warned About
Government agents brutalizing people are in the wrong, whether or not we sympathize with those on the receiving end.
Laws Protecting Private Employees' Speech and Political Activity Against Employer Retaliation: Focused on Political Opinions, Party Affiliation, or Electoral Activities
D.C., Illinois, Iowa, Louisiana, Montana, New Mexico, New York, Washington, Puerto Rico, Virgin Islands, Broward County (Florida), Urbana (Illinois), Harford, Howard, Prince George's Counties (Maryland), Lansing (Michigan).
Court Upholds Ban on Intentionally Photographing Under-18-Year-Olds in Park Without Parents' Consent
Sally Ness, a community activist, wants to record use of the park by a local Islamic school's students; she alleges the school overuses the park, in violation of the school's Conditional Use Permit.
Laws Protecting Private Employees' Speech and Political Activity Against Employer Retaliation: Covering a Wide Range of Speech
California, Colorado, Connecticut, Louisiana, Minnesota, Missouri, Nebraska, Nevada, South Carolina, Utah, West Virginia, Ann Arbor, Seattle, Madison, and Guam
Oregon Doesn't Get Injunction Against Certain Federal Enforcement Procedures
The State asked the court to impose "(1) a requirement that officers identify themselves and their agency before arresting or detaining any person; (2) a requirement that officers explain to any person being seized that he or she is being arrested or detained; and (3) an enjoinder against arrests that lack probable cause."
"Judge Rules That Seattle Media Must Give Unaired Protest Videos to Police"
Generally, the government has broad authority to require any of us to turn over evidence relevant to an investigation.
Laws Protecting Private Employees' Speech and Political Activity Against Employer Retaliation: Broad Protection for Off-Duty Lawful Activity
Colorado, Montana, New York, North Dakota.
Dispatch From Portland: The Morning Crew
A tarot card-reading liberal arts major, a Sudanese immigrant, and a former restaurant worker explain why they are out protesting in Rose City.
Portland Protesters Get the Immigrant Treatment
Trump sics his border police on Americans: We are all immigrants now
Judge Orders Federal Officers in Portland To Stop Harassing and Assaulting Journalists and Legal Observers
U.S. District Judge Michael Simon reminds the feds that they are bound by the First Amendment.
Court Strikes Down Up-to-28-Day Review Period for Demonstration Permit Applications
The Glens Falls (N.Y.) ordinance, the court held, lacked any exceptions for First-Amendment-protected spontaneous demonstrations.
Fordham University Disciplines Student (Austin Tong) for Political Instagram Posts
The student has now sued Fordham
Where's Republican Federalism During Trump's Urban Invasions?
A president from a party supposedly committed to restraining the federal government is now sending enforcers to cities over local objections.
Dispatch From Portland: The Fire Next Time
The protests continue, as does the tear gassing.
What It's Like To Work in the Portland Jail During the George Floyd Protests
The federal police presence in Portland has enraged demonstrators. It's also taken pressure off the local justice center.
Laws Protecting Private Employees' Speech and Political Activity Against Employer Retaliation: Introduction
These exist in many states and some counties and cities, but are rarely focused on.
Trump Administration Justifies Federal Police Surge With Fake News
Plus: "learning pods" are an unfair target, COVID-19 reinfections are unlikely, and more...
The Majority of Americans Oppose Qualified Immunity. Where Is Congress?
American voters know what's up.
Minnesota Supreme Court Strikes Down Blackmail Statute as Overbroad
It's possible that a narrower statute with a "lack of nexus" requirement (see below) might be constitutional, though the majority doesn't discuss that.
Jonathan Rauch on Cancel Culture and the 'Unending Battle' for Free Speech
"The idea that wrongheaded, dangerous, heretical, and blasphemous ideas should be not only allowed but protected is preposterous," says Rauch. And yet, it's "the single most successful social principle ever invented."
Trump Deploys Lawlessness Against Lawlessness
The president’s heavy-handed response to protests against police brutality belies his promise of "law and order."
Dispatch From Portland: A Distinct Lack of Crowbars and Cops
Up close with the #WallofMoms on night 53 of the protests
Rand Paul: It's Time To Demilitarize the Police
The line between peace officer and soldier of war has become far too blurry.
#MeToo, #TheyLied, and Pseudonymous Litigation
When can libel plaintiffs, suing over allegedly false claims of sexual misconduct, sue pseudonymously? When can defendants defend pseudonymously?
Sen. Brian Schatz Says 'Libertarians Should Be Freaking Out About Portland.' Where Has He Been?
The Hawaii senator fails to fully consider the causes of bad policing.
Sending Secret Police To Do Protester Snatch-n-Grabs Is Bad, Mmmkay?
The Reason Roundtable talks Portland, policing, federalism, coronavirus, and the perennially dumb discourse.
John Lewis Was an American Hero Who Battled State Racism
John Lewis' life was a testament to the power of free speech and peaceful agitation.
Kmele Foster on Why He Opposes Cancel Culture and the Anti-Capitalist Side of Black Lives Matter
The Fifth Column podcaster is done with cancel culture, identity politics, and political orthodoxy.
Feds Send Outside Agitators To Escalate Conflict in Portland
Plus: How H-1B visa restrictions cost U.S. jobs, a woman sues the British health service over hormone blockers, and more...
