Prof. Eric Segall (Georgia State) and I on Segall's Supreme Myths Podcast
We talk about blogging, social media and free speech, the Religion Clauses, and federalism and individual rights.
Civil Liberties
The New York Times Is Protected by Freedom of the Press. So Is James O'Keefe.
The newspaper wrongly implies that press freedom is limited to "real" journalists.
The ACLU Thinks Kyle Rittenhouse's Civil Liberties Got Too Much Protection
The American Civil Liberties Union should not cavalierly take the side of prosecutors against the concept of self-defense.
Kyle Rittenhouse Has Been Acquitted on All Charges
The trial became an upside-down microcosm for the polarized debates about the U.S. criminal justice system.
Should We Lower the Voting Age to Six?
British political scientist David Runciman says the answer is "yes." And he makes a stronger case than you might think.
Excessive Force and Stops of Armed Civilians by Out-of-Uniform Sheriff's Deputies in Unmarked Vehicles
This stop was a Fourth Amendment violation, holds a federal court.
Court Rejects Sealing Request by United Network for Organ Sharing
“UNOS’s reasoning boils down to a desire to keep indiscreet communications out of the public eye, which is not enough to satisfy our standard for good cause.”
"Yes, This Is a Witch-Hunt: A University's Office for Access and Equity Launches a Full-Scale Persecution Campaign"
From leading liberal constitutional law professor Andrew Koppelman (Northwestern), in the Chronicle of Higher Education.
Don't Worship an FBI That Took the Steele Dossier Seriously
Why trust an agency that conceals information from judges but prosecutes us for lying to it?
Court Strikes Down School Board Restrictions on "Irrelevant," "Abusive," "Offensive", "Intolerant," "Inappropriate," or "Otherwise Inappropriate" Public Comments
"Representatives of a public entity taking the opportunity to squelch plaintiffs' views as apostasy"; the squelching was partly based on claims that certain remarks are "abusive and coded in racist terms, also known as 'dog whistles,'" and that "comments about the District's equity survey" were "'irrelevant' to the meeting agenda item of the District's equity policy."
Can the Government Hide Its Misdeeds as 'State Secrets'?
A surveillance case will determine whether officials can be sued for "national security" rights violations.
A (Belated) Final Word on Principles and Texas SB 8
A delayed, but hopefully still helpful final rejoinder to Stephen Sachs.
Cops Thought Sand From Her Stress Ball Was Cocaine. She Spent Nearly 6 Months in Jail.
And now an appeals court has ruled the cops who arrested her aren't entitled to qualified immunity from her lawsuit.
Jury Deliberations Begin in Kyle Rittenhouse Trial After Judge Tosses Gun Charge
Plus: Yale University faces an interesting lawsuit, the ACLU takes a stance on student loan debt, and more...
Wisconsin Court Reverses Conviction for Alleged Threat
Defendant had posted three photos to Instagram showing (1) a movie ticket, (2) ammunition, and (3) the inside of a theater, and also one to Snapchat showing (4) a handgun.
Originalism and the Result in Dobbs
Would the outcome in Dobbs put originalism in doubt?
From Akhil Amar, David Lat, and Simon Lazarus on TrapHouseGate and the Broader Climate at Yale Law School
Amar: The Yale Law School administration has been "dilatory, duplicitous, disingenuous, downright deplorable."
Communism Destroyed Russian Cooking
Soviet rule promised abundance. Instead it brought misery and starvation.
Cop Kills 8-Year-Old Girl; Two Teens Charged With Her Murder
Fanta Bility's death has revived an under-the-radar debate about the doctrine of transferred intent.
Emerson College Conduct Board Finds "China Kinda Sus" Stickers to Be Forbidden "Discriminatory Conduct"
Appalling that an American university, which had publicly committed itself to free expression, would thus censor criticism of a foreign government (whether China, Israel, or any other).
Court Rejects Negligence Lawsuit Against Armslist Over Murder Using Gun Bought in Armslist-Facilitated Transaction
The court takes a narrow view of 47 U.S.C. § 230(c)(1), but rejects liability as a matter of state law: “public policy [with regard to how gun sales can be arranged] is more properly determined by the peoples’ elected representatives rather than by the courts.”
Government Regulation of Social Media Won't Protect Free Speech
Sen. Amy Klobuchar wants to put HHS Secretary Xavier Becerra, the former California attorney general with a reputation for being a partisan hack, in charge of "health disinformation" online.
"Court Should Start with a Presumption That Art Is Art, Not a Statement of Fact"
When should rap lyrics (or other works) be admissible as evidence on the theory that they reflect real events?
Alec Baldwin's Gun Proposals Will Not Make Hollywood Sets Safer
Despite a tragic on-set death, there is no need to involve police officers in still more aspects of people's lives.
FBI Raid of James O'Keefe's House Is a Blow to Press Freedom
Plus: Consumer prices surge, a Virginia school district talks openly about burning books, and more...
Kyle Rittenhouse's Call of Duty Habit and Post-Arrest Silence Aren't Evidence of His Guilt
Judge Bruce Schroeder rightly reprimanded Assistant District Attorney Thomas Binger for what he called a "grave constitutional violation."
Nicholas Christakis: How To End the Covid Pandemic
Misinformation and bad policy can only be defeated by robust, open debate in the public square.
New York Treats a Second Amendment Right As a Crime
The Supreme Court should reject a law that bars ordinary people from carrying guns for self-defense.
Panel Discussion on Qualified Immunity Next Week
An online event hosted by the Harvard Federalist Society
