Senator Elizabeth Warren Channels Her Inner Trump
Threatening government action to stop "snotty tweets" is not a good look.
Civil Liberties
Outrage Over Handcuffed Children Leads States To Consider Raising Minimum Age of Arrest
In 28 states, there's no minimum age for arresting kids.
Florida Cops Sued for Hassling People Over Crimes They Might Commit in the Future
Predictive policing lets authorities add a science-y gloss to hammering people who rub them the wrong way.
Divided Sixth Circuit Panel Rejects Chevron Deference for Interpretation of Criminal Statute
A long awaited decision in a challenge to the Trump Administration's "bump stock" ban tees up some interesting questions for the High Court's review.
The Media's Obsession With Boulder's Blocked 'Assault Weapon' Ban Defies Logic
The suggestion that the ordinance could have prevented Monday's mass shooting is utterly implausible.
No, It's Not Easier To Get a Rifle Than Vote
This awful gun control talking point won’t go away.
Assange Avoids Extradition—For Now
Under the First Amendment, the question of whether Assange qualifies as a legitimate journalist is irrelevant.
There's no time like the present to take a Second Amendment case
Thirteen years after Heller, it's time for the Supreme Court to settle whether the Second Amendment applies outside the home.
The 9th Circuit Says the Right To Bear Arms Does Not Extend Beyond Your Doorstep
According to the dissent, the appeals court "has decided that the Second Amendment does not mean what it says."
My "The Hill" Article on Cedar Point Nursery v. Hassid
My article considers the implications of a major takings case currently before the Supreme Court.
England Gave Police Temporary Power During COVID-19 To Shut Down Protests. Now British Cops Want to Keep It.
Cracking down on protesters angry about police violence doesn't exactly inspire civic trust.
NYPD Must Release Body-Cam Footage of Fatal Shooting of Woman,
but with "blurring images of [Susan] Muller's body and blood spatter."
For the First Time, a Majority of Republicans Support Same-Sex Marriage
Plus: Appeals court considers whether nonstop surveillance violate due process, Utah governor signs porn filter bill into law, and more...
Biden Threatens to Revive Kangaroo Courts in College Sexual Assault Cases
The president has ordered the Education Department to consider rescinding reforms aimed at protecting the due process rights of accused students.
Sidney Powell Says She's Not Guilty of Defamation Because 'No Reasonable Person' Would Have Believed Her 'Outlandish' Election Conspiracy Theory
The former Trump campaign lawyer insists her allegations about systematic voting fraud were not "statements of fact."
Biden's Gun Control Proposals Make Little Sense As a Response to the Mass Shooting in Boulder
It is hard to see how an "assault weapon" ban or expanded background checks could have prevented this attack.
Additional Issues in Cedar Point v. Hassid
In this post, I consider some additional issues that came up in the recent Supreme Court oral argument in an important takings case.
Universities Can't Selectively Enforce Nondiscrimination Policies Based on Student Groups' Viewpoints
That’s a clearly established constitutional mandate, the Eighth Circuit holds, so a university can’t get qualified immunity from liability in such a case.
Supreme Court Hears Oral Argument in Major Takings Case - Property Owners Seem Likely to Prevail
The Court seems likely to rule in favor of property rights in Cedar Point Nursery v. Hassid.
Government is Still the Biggest Threat to Free Speech
When Amazon won't sell your book, you can head to Barnes & Noble. When government cancels your expression, there's nowhere left to go.
Arkansas Governor Hopes Abortion Ban Will Trigger Roe v. Wade Challenge
Plus: Wisconsin may approve microschools, what will Biden Title IX guidance look like, and more...
Duty to Stop Reporting Highly Incomplete Reports of Legal Proceedings
I'm continuing to serialize a forthcoming article of mine that discusses (among other things) such a proposed interpretation of libel law.
The Dream of the '90s Died in Portland
Once an up-and-coming city, Portland was destroyed from within by radical activism and political ineptitude.
Why We (Still) Shouldn't Censor Misinformation
It strains credulity to believe random tweets can lead otherwise normal people to drive across the country and stage an insurrection.
Our Right to Criticize Governments and Countries,
whether the U.S., China, Israel, or anyone else.
Univ. of San Diego Law School Investigating Professor for Post Critical of China
In context, it seems clear that the post's reference to "Chinese" is indeed a reference to the Chinese government, not to people of Chinese extraction.
Government Censorship Is the Worst Cancel Culture of All
Politicians on the right and the left are coming for your free speech.
National Review Not Liable for Mark Steyn's Blog Post About Michael Mann
The court doesn't decide whether the column was libelous, but just that the National Review wasn't liable for Steyn's post, because Steyn wasn't an employee.
Incomplete Reports of Legal Proceedings as Libel
A bit of background on the current law of libel; I'll have more about the implications of this in an upcoming post.
California Lawmakers Try Again To Create a System To Decertify Bad Cops
Union resistance shut down last year’s effort.
Washington Wants To Be Able To Draft Your Daughters Into Military Service, in the Name of 'Equity'
Here's a better idea: Abolish the "Selective" Service.
The Duty to Correct Your Own Libelous Posts, and the Single Publication Rule
I publish something about you on Jan. 1, but I don't learn that it's false until Jan. 2. You then sue me for not taking down the post—should my liability turn on my mental state as of Jan. 1, or as of the time you sue?
No "Private Matter Among Friends" Exception to Public Access to Court Records
"Public access [to judicial records] serves to promote trustworthiness of the judicial process, to curb judicial abuses, and to provide the public with a more complete understanding of the judicial system, including a better perception of its fairness."
Texas Senators Want Sports Teams To Shut Up and Play the Anthem
Texas state senators introduced a bill requiring the national anthem at all pro sports events.
A New 'War on Terror' Would Be Just as Disastrous as the Original
"We don't need to use a faulty model and apply it to the very real terrorism problem that we have at home," says terrorism expert Max Abrahms.
The Existing Duty Not to Continue Displaying Posts on Physical Property -- an Analog to a Similar Duty as to Online Posts
I'm continuing to serialize my forthcoming law review article on the duty to correct your own libelous posts, once you learn that they are libelous.
Plaintiff "Must Have Known That the Embarrassing Events During His Previous Employment Would Be Central to … the Case"
Court records are generally public records, embarrassing as they might be for the parties.
Reasons for a Duty to Correct Libelous Materials You Posted
I'm continuing to serialize my forthcoming law review article on this subject.
The War on Free Speech Is About To Get a Lot Uglier
The awful events of January 6 accelerated trends in left-of-center circles, particularly within media and technology companies.
"Some References Are Just Sophomoric Attempts at Humor"
A Maryland court reverses a juvenile delinquency adjudication based on a supposed threat at school.
