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.
Civil Liberties
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.
Montana Becomes Latest State To Protect Free Speech With the FORUM Act
Now 14 states have legislation explicitly protecting free speech on campus.
The Government Loves To Grab New Powers in the Name of Your Safety
From protests to the coronavirus, it thinks it can protect you from anything.
The Indianapolis Shooting Highlights the Shortcomings of 'Red Flag' Laws
Although police seized the perpetrator's shotgun when he was deemed suicidal, he was never identified as a potential murderer.
Can Schools Punish Kids for Off-Campus Snapchats?
"The notion that a school can discipline a student for that kind of...non-harassing expression is contrary to our First Amendment tradition."
Court Refuses to Seal Case That Plaintiff Wanted to Hide from Potential Employers
Unsurprisingly, the court also refuses to order private caselaw repositories and search engines to hide the information.
Do Mass Shootings Inspire More Mass Shootings? If So, What Can Be Done About That?
Both advocates and skeptics of the copycat theory recommend self-restraint by the news media.
Florida's 'Anti-Rioting' Bill Gives the Government New Powers That Have Nothing to Do With Riots
Among other things, it calls for online censorship to shield identities of public officials and lets the governor control city police budgets.
Pharma Co. Demands Preliminary Injunction to Take Down Anesthesiology Journal Articles
Pacira Biosciences' redacted brief supporting the motion for the preliminary injunction is now available—but it says nothing about the First Amendment, or about how the injunction could escape the prior restraint doctrine.
Conservatives Embrace Their Own 'Wokeness' With Attacks on Private Businesses
Remember when Republicans believed private businesses had a right to exercise free speech?
Pharma Co. Suing American Society of Anesthesiologists, Seeking Removal of Criticisms in Anesthesiology Journal + Retraction
Pacira Biosciences, Inc. is suing over allegedly "false and misleading statements made about EXPAREL, a pain medication drug."
Threat of Frivolous but Reputation-Damaging Lawsuit Can Be Criminal Extortion,
if it's used as an attempt to get a settlement, the Ninth Circuit rules .
3 Reasons Why Banning 'Assault Weapons' Is a Terrible Idea
A ban won’t stop mass shootings, but it will hinder self-defense.
When Everything Is 'Systemic Racism,' People Will Tune Out the Term
Leveling that grave accusation at every aspect of American life will produce disengagement, alienation, and reaction.
More Than A Dozen States Are Trying To Nullify Federal Gun Control
Conservative state legislators are taking a page from the playbook of pro-immigration activists and the marijuana legalization movement.
University of Oklahoma Diversity Training Forces Students and Faculty To Affirm the School's Political Views
The mandatory online training requires users to select the “right” speech before they finish.
Georgetown Law Prof. Lama Abu Odeh on the "Progressoriat" and "Georgetown's Cultural Revolution"
"Terror and dread fill academic workers, professors, and staff alike, and it is everywhere."
Biden's Gun-Limitation Schemes Make a Mockery of His 'Unity' Message
The president is picking fights with much of the population and further dividing the country.
Contrary to What Biden Says, Gun Show Sales Aren't Exempt From Background Checks
Plus: GOP gender policing in North Carolina, marijuana legalization mistakes, and more...
Cops Are Using Facial Recognition Technology More Than Previously Revealed
The surveillance state is available as a plug-and-play solution for any cop interested in a free trial period.
Can Places of Public Accommodation Exclude People Based on Their Politics?
It all depends on where you are.
Joe Biden Learns To Love Gun Control by Presidential Fiat
The president's unilateral restrictions are legally dubious and unlikely to "save lives."
Some Thoughts on Google v. Oracle, from Prof. Rebecca Tushnet (Harvard)
"Categories, microworks, and market circularity."
Ex-Rep. Katie Hill's Revenge Porn Lawsuit Against Daily Mail (UK) Dismissed
"Defendant has established that the images are a matter of public concern, as they speak to Plaintiff's character and qualifications for her position as a Congresswoman, allegedly depicting an extramarital sexual relationship with a paid campaign staff member, the use of illegal drugs by a sitting Congresswoman, and a tattoo similar to the symbols formerly used by white supremacists."
N.Y. Appellate Court Upholds Semester Suspension for Attending Unmasked/Undistanced Off-Campus Parties During Epidemic
“While the penalty of suspension is very harsh, it is not shockingly disproportionate to the offense. It does not shock the conscience for a university, acting during a pandemic, to enforce rules designed to prevent the spread of the virus with the penalty of suspension.”
Names of Police Officers Involved in Defensive Shooting of Suspects Aren't Public Records
So holds the Florida Court of Appeal, interpreting the Florida Constitution's crime victims' rights provision. ("If a prosecutor determines that the officer was not a victim and instead charges the officer for his conduct," the names would be released, but no such determination was made here.)
Backpage Judge Accused of Bias Will Remain on Case
Plus: Effort to decriminalize psychedelics gains traction in California, crony capitalism at its worst, and more...
