Should an Originalist Justice Support Overruling Kelo v. New London?
The general assumption that the Fifth Amendment bars takings for economic development purposes rests on shaky ground.
Civil Liberties
Why Didn't COVID-19 Kill the Constitution?
We can thank judges who were prepared to enforce constitutional limits on public health powers.
Is NYT v. Sullivan the Real Problem with Libel Law? (Updated)
Glenn Reynolds suggests it's how that landmark decision was applied and expanded that has created the real problem.
Clarence Thomas, the Supreme Court's Most Conservative Justice, Trashes Qualified Immunity Again
The Court has "failed to justify our enacted policy," he wrote.
Justice Thomas Takes Another Shot at Qualified Immunity
He repeats his concern that QI doctrine rests on "shaky ground" and imposes a "one-size-fits-all doctrine" that is "an odd fit for many cases," including those involving university administrators.
He Died After He Was Shot in the Back by a Cop. Will Anyone Be Held Accountable?
Salaythis Melvin's family says they want justice.
SCOTUS Rules That California Violated the First Amendment by Routinely Demanding Donor Information From Advocacy Groups
Six justices agreed that the state's "dragnet for sensitive donor information" imposes "a widespread burden on donors' associational rights."
Journal of Free Speech Law Call For Papers: Symposium on the Freedom of Association and Disclosure Requirements
We'll be ready to publish articles on this subject as early as September, if you submit them by August 1.
S. Ct. Strikes Down California Requirement that Charitable Organizations Disclose Major Donors to State AG
"The gravity of the privacy concerns in this [case] is further underscored by the [amicus briefs supporting the challenge].... [T]hese organizations span the ideological spectrum ...: from the [ACLU] to the Proposition 8 Legal Defense Fund; from the Council on American-Islamic Relations to the Zionist Organization of America; from Feeding America—Eastern Wisconsin to PBS Reno."
Florida's Social Media Bill Was Supposed To Protect 'Free Speech.' A Judge Says It Violates the First Amendment.
Plus: How Trump lost in 2020, Amazon seeks recusal of FTC chair, and more...
San Jose Wants to Force Gun Owners to Carry Insurance and Pay Fees
The fees would be used to reimburse the city for the public costs of gun violence.
Federal Law Enforcement Is Running Roughshod Over Facial Recognition Privacy, Says GAO
Civil liberties advocates call for a moratorium on federal facial recognition.
A New Case Gives the Supreme Court a Chance To Defend Gun Rights
It's likely that soon, almost all Americans will be legally able to carry guns.
Assignments Aimed at "Requiring a Statement" of Ideological Belief from Students May Violate First Amendment
So holds a Fifth Circuit panel (by a 2-to-1 vote), in an assignment requiring the writing of the Pledge of Allegiance, but the same argument would apply, I think, to compelled statements of other ideologies, whether related to patriotism, race, sex, sexual orientation, or anything else.
He Died After Cops Shackled Him and Held Him Facedown. A Court Said That Was Constitutional. SCOTUS Isn't So Sure.
The officers might receive qualified immunity, however.
Lawsuit Over Nieman Journalism Lab (at Harvard) Outing Commenter Can Go Forward
The plaintiff is Francesca Viola, who wrote the comment when she was a journalism professor at Temple University.
Court Refuses Jail Guard's Request to Seal Civil Lawsuit Brought Against Him by Prisoner
"Bartolotti alleges that 'anytime you search [his] name on [the internet, he is] affiliated with this case,' which 'has affected [his] personal and professional lives [and] has become a safety issue at times as well.'"
Unanimous Supreme Court Ruling Bolsters Right to File Federal Takings Cases Against State and Local Governments
The Court clarified that the challenged policy need only be a "de facto final" decision, and that property owners are not required to exhaust all possible state bureaucratic procedures before filing a federal takings case. The Court also emphasized that Takings Clause property rights have "full-fledged constitutional status."
This Suicidal, Gasoline-Drenched Man Burned to Death After Cops Tased Him. A Federal Court Says That's Reasonable Force.
"In what legal universe is it not even plausibly unreasonable to knowingly immolate someone?" asks dissenting judge
Interpreting 47 U.S.C. § 230(c)(2)
The statute immunizes computer services for "action voluntarily taken in good faith to restrict ... availability of material that the provider ... considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected"—but what exactly does that mean?
New York Appeals Court Catalogs Rudy Giuliani's Election Lies As It Suspends His License to Practice Law
The suspension is based on "demonstrably false and misleading statements" that Giuliani made as Donald Trump's lawyer.
Fifth Circuit Certifies Questions in Doe v. Mckesson to Louisiana Supreme Court
This is the case against DeRay Mckesson, brought by a police officer who was injured in a protest that Mckesson allegedly organized.
Appeals Court Rules Aerial Police Tracking of Citizens Violates Fourth Amendment
Baltimore kept tabs on citizens' movement across 90 percent of the city, without a warrant, to investigate crimes.
Sixth Circuit Takes Bump Stock Case En Banc
What seems like a gun rights case actually presents some important questions of administrative law.
Cops Say Encryption Hinders Investigations. These Documents Say Otherwise.
Law enforcers have plenty of tools; they just want to paw through our data without effort or expense.
Biden's Gun Control Plans Won't Do Much To Address Surging Homicides
Cracking down on "rogue gun dealers" and enforcing background checks won't stop criminals from arming themselves.
Florida's College Intellectual Diversity Survey Is Good, Actually
No, it’s not an attempt to monitor faculty and student views. It’s an attempt to make sure they’re allowed to express them.
Trigger Warning Now Counts as Violent Language at Brandeis University
A way of warning someone they might feel offended is itself offensive?
Judge Orders FBI To Halt Forfeiture of Cash, Jewelry From Safe Deposit Boxes
The FBI provided "no factual basis for the seizure," Judge R. Gary Klausner wrote.
Hong Kong's Free Press Is Dying
After Chinese authorities conducted newsroom raids and arrested top editors, pro-democracy publication Apple Daily realized it could no longer safely operate.
This Cop Conducted 3 Warrantless Searches in Under 3 Years. He Gets To Keep His Job.
Once again, it shows just how hard it is to hold bad officers accountable.
Does a New Florida Law Require State Universities to Monitor Faculty and Student Beliefs? (Updated)
Why is straight reporting on educational reform measures so difficult.
My "The Hill" Article on Cedar Point Nursery v. Hassid
The article assesses today's important Supreme Court property rights ruling.
Journal of Free Speech Law Call For Papers: Symposium on the First Amendment and Student Speech
We'll be ready to publish articles on this subject as early as September, if you submit them by August 1.
