Paycheck Protection Program Exclusion of Nude Dancing Establishments Upheld
The Second Circuit held that this was a permissible viewpoint-neutral restriction on a subsidy program.
Civil Liberties
A Promising Qualified Immunity Decision From a Potential Biden SCOTUS Nominee
Judge Ketanji Brown Jackson denied qualified immunity to the officers involved in Patterson v. United States.
Anti-Riot Act Partly Upheld, Partly Struck Down
The Ninth Circuit decides a case involving "Rise Above Movement" white supremacists who participated in riots in California.
Global Freedom Is Losing Ground
Democracies are going to have to do better at exercising their core liberal values to prove their worth and win back support.
California's Requirement That Nonprofits Disclose Donor Information Poses a Grave Threat to Freedom of Association
A broad coalition of groups is asking the Supreme Court to overturn the state's policy.
Government, Not Big Tech, Is the Biggest Threat to Free Speech
One bill would require lengthy disclaimers on all online political ads.
Democrats Demand Social Media Users Talking Politics Disclose Certain Foreign Connections
Plus: The era of sovereign influencers, a new experiment in universal basic income, and more...
Pseudonymity Controversy in Kevin Spacey Sex Abuse Case
May plaintiffs alleged sexual assault proceed pseudonymously, when the defendant is being publicly named?
Texas Court Reverses $1.2 Million Libel Decision Based on Yelp Review Complaining About Earlier Unpaid Judgment
The libel claim, the court held, was foreclosed by an agreement settling the lawsuit that had indirectly led to the review.
Biden Should Nominate Judges Who Battled the Government in Court
More criminal defense lawyers, public defenders, and civil rights litigators may soon be appointed to the federal bench.
After the Cops Seized Her Car, the Government Waited Five Years Before Giving Her a Chance To Get It Back
In Massachusetts, Malinda Harris argues, civil asset forfeiture routinely violates the right to due process.
New Colorado Bill Would Create Commission to Restrict "Hate Speech," "Fake News," "Conspiracy Theories" on Social Media Platforms
The bill was introduced by Colorado Senate president pro tem Kerry Donovan (who is also running for Congress).
Ayanna Pressley Revives Justin Amash's Bill To End Qualified Immunity
The Ending Qualified Immunity Act of 2021 would no longer let state actors violate your rights without consequence.
The Washington Supreme Court Just Decriminalized Simple Drug Possession. Legislators Shouldn't 'Fix' the Overturned Law.
The court said criminalizing unknowing possession violates the right to due process.
Attorney Fees Motion Can't Be Decided with the Attorney Fees Sealed
"[O]nce a matter is brought before a court for resolution, it is no longer solely the parties' case, but also the public's case."
The All-American Arms Dealer
Samuel Cummings built a global weapons empire in Washington, D.C.'s shadow.
Beauty Pageant Has First Amendment Right to Exclude Male-to-Female Transgender Contestants
So a federal district court apparently held in Green v. Miss United States of America, LLC.
Plaintiff Loses Libel Appeal Against Above The Law
The statements about former law student Jonathan Mullane were either a fair report of court proceedings or protected by the First Amendment.
Rand Paul, Ron Wyden Want To End Endless National Emergencies
Under a bill the two senators reintroduced on Friday, all presidential emergency declarations would expire after 72 hours unless Congress votes to allow them to continue.
A California Man Died After Cops Knelt on His Neck During a Mental Health Call. Then the Department Tried To Hide It.
Angelo Quinto's family has filed a wrongful death claim.
The LGBT Equality Act Puts Polarizing Politics Over Good Policy
The anti-discrimination law seems designed to divide when compromise would better serve to expand federal protections.
As the 9th Circuit Takes Another Look at California's 10-Round Magazine Limit, It Should Demand More Than Speculation From the Law's Defenders
The state's ban on "large-capacity magazines" is easy to justify, as long as you assume its benefits and ignore its costs.
In June Some House Moderates Voted To Abolish Qualified Immunity for Cops. Now They're Not So Sure.
Strategic politicking, police union influence, or both?
So Long as You Carry a Cellphone, the Government Can Track You
A phone in your pocket may as well be a GPS beacon strapped to your ankle.
SCOTUS Rules Against an Innocent Man Who Was Choked and Beaten by Cops, but He May Still Get His Day in Court
The justices did not address one of James King's key arguments, which the 6th Circuit will now consider.
Federal Suit Seeks Damages for Men Illegally Recorded at Florida Massage Parlors, Falsely Smeared as Sex Traffickers
Two women still face felony charges, though the cases against all male defendants were dropped.
Libel Lawsuit Over "Son of a Hitman" Podcast [UPDATE: The Lawsuit Has Been Dismissed]
The podcast is about Charles Harrelson (actor Woody Harrelson's father), who had been convicted of murdering a federal judge
Tennessee Republicans Call on University Presidents To Punish Student-Athletes for Kneeling
These demands obviously violate the First Amendment.
Clare Locke's Letter to Twitter About Suspension of @TheOvalPawffice
(Clare Locke LLP is one of the top plaintiff's-side libel law firms, though this isn't a libel case.)
Conviction for Praising Prostitutes (as "Promoting Prostitution") Upheld
Not sure that paying for sex makes you an "extraordinary gentleman," even if you do try to "give something back" by providing expert consumer reviews.
'Ghost Gun' Bans Are Doomed from the Start
The DIY firearms movement specifically evolved to put personal armaments beyond the reach of the government.
States Can Provide Their Own Civil Remedies for Police Abuse
They need not wait for the Supreme Court or Congress to restrict or abolish qualified immunity.
George Zimmerman v. Pete Buttigieg & Elizabeth Warren
An interesting decision on a motion to dismiss in this libel lawsuit.
A New Report Shows Elijah McClain Was Killed by a Cascade of Constitutional Violations
An independent panel concludes there was no legal justification for stopping, frisking, arresting, or assaulting McClain.
A Prison Guard Who Pepper-Sprayed an Inmate Without Provocation Got Qualified Immunity. SCOTUS Disagreed.
An encouraging sign from the Supreme Court
The Best Way for Florida to 'Take on Big Tech' Is to Keep Welcoming the Crypto Community
Platform censorship results from centralized design. Cryptocurrency techies are building decentralized alternatives.
Computer Fraud & Abuse Act Lawsuit for … Posting Reviews That Allegedly Violate Terms of Service
Plastic surgeon David Shifrin is suing commenters who posted negative reviews based on an ex-patient's critical YouTube video. (There are also libel claims in the lawsuit as well.)
Supreme Court Ducks Opportunity to Clarify Regulatory Takings Doctrine - Over a Strong Dissent by Justice Thomas
Thomas is right that the doctrine is a mess. But the Court may not be in any hurry to clean it up.
Dominion Makes Good on Threat to File Defamation Suit Against Mike Lindell
The election systems company is taking its fight to the conspiratorial My Pillow CEO.
Lawmakers to Cable Providers: Why Are You Letting News Channels Say These Things?
This misguided effort to combat "misinformation" is a brazen assault on free speech.
Supreme Court Rejects Opportunity to Reconsider Penn Central
Justice Thomas dissented from denial of certiorari by himself to urge a revamp of Takings Clause jurisprudence.
