Civil Liberties
Connecticut Passes Law Curbing Qualified Immunity - but with Loopholes
The law is a step in the right direction, but has significant limitations, that should be a warning sign for future reform efforts.
Ninth Circuit Affirms Dismissal of Stormy Daniels' Libel Lawsuit Against President Trump
Trump's Tweet ("A sketch years later about a nonexistent man. A total con job, playing the Fake News Media for Fools (but they know it)!") was opinion, and thus not actionable.
Is the Senate Filibuster a 'Jim Crow Relic' That Should Be Abolished in the Name of Democracy?
Politicians' opinions about the maneuver depend on which party is in power.
Lots of Talk But Much Less Action on Police Reform
Getting government officials to put their packs of enforcers on shorter leashes is the definition of an uphill battle.
Writer-Activist Hit With Licensing Complaint for Calling Himself an Engineer
Licensing laws can be weaponized to chill speech.
Do Plaintiffs from Conservative Cultural/Religious Groups (e.g., Muslims) Have More Right to Proceed Pseudonymously in Sex Assault Lawsuits?
That's what an Eleventh Circuit opinion seems to suggest, in a case where a Trinidadian Muslim plaintiff said she "come[s] from a strict Muslim household where under [their] cultural beliefs and traditions such a sexual assault would have the tendency to bring shame and humiliation upon [her] family."
2 Pro-Democracy University Employees in Hong Kong Fired as Beijing-Imposed National Security Law Takes Effect
"Academic staff...are no longer free to make controversial statements to the general public about politically or socially controversial matters," one of them writes.
California Man's Gun Seized, Apparently Because He Was a Racist Group Leader
Could such "gun violence restraining orders" likewise be used against people who talk about violence and a "pig problem" or "fascist problem" as opposed to "n■■■, k■■■, and h■■■ problem" (expurgation in news video)?
Congress Wants To Regulate Big Tech. They Still Don't Understand It.
Plus: Trump suggests election delay, and more...
Release Condition: "Defendant May Not Attend any Other Protests … or Public Gatherings in … Oregon"
Some people arrested in Portland for misdemeanor failure to obey a lawful order have had these conditions imposed as a condition of being released before trial. But the law related to such conditions is surprisingly complex.
Kansas Knife Statute Held Unconstitutionally Vague
The law banned convicted felons from possessing "a dagger, dirk, switchblade, stiletto, straight-edged razor or any other dangerous or deadly cutting instrument of like character"—"It is the very overbreadth of such laws that renders them impermissibly vague."
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.
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.
