Don't Let the Capitol Riot Become a 9/11-Style Excuse for Authoritarianism
Frightening events create openings for attacks on civil liberties.
Civil Liberties
42 People Now Face Federal Charges for the Capitol Riot
Plus: Happy birthday to Wikipedia, Airbnb's pandemic rebound, and more...
Impeaching Trump for his Role in Inciting the Attack on the Capitol Doesn't Violate "Established Free Speech Rights"
A rejoinder to Josh Blackman and Seth Tillman.
No, AOC, It's Not the Government's Job to 'Rein in Our Media'
The First Amendment doesn't come with an exception for "disinformation."
Is the Great Deplatforming of 2021 an Assault on Free Speech?
No, says Techdirt's Mike Masnick, but it is cause for expanding Section 230 and building a more decentralized internet.
District Attorney Candidates Win Big Against 'Tough on Crime'
During the last few election cycles, a wave of well-funded progressive candidates have run for prosecutor's offices in major cities. This time, quite a few reform-minded D.A.s won.
Prosecuting Trump for Incitement Would Set a Dangerous Precedent
Unlike the cancellation of Josh Hawley’s book, such criminal charges pose a real threat to freedom of speech.
How To Respond to the Great Deplatforming of 2021
We need an open digital commons, where individuals maintain ownership of their own identities and where speech is highly resistant to political pressure.
Did Trump Engage in 'Insurrection or Rebellion' Against the Constitution?
The impeachment article against the president cites a little-discussed section of the 14th Amendment.
A Libertarian Judge Champions Privacy Rights Against Warrantless Police Searches
Justice Clint Bolick dissents in Arizona v. Mixton.
DERBY-PIE Trademark Owner Can't Stop Newspaper from Discussing Other Derby Pies
An interesting illustration of the "non-trademark use" doctrine.
Millions of Users Are Flooding Encrypted Apps After Social Media Purges
Plus: Supreme Court declines more election challenges, Lisa Montgomery gets temporary stay of execution, and more...
Embattled Administration Pushes Midnight Controls on Financial Tech
Bureaucracy keeps on regulating through the chaos
"Trump Was Kicked Off Twitter. Who's Next?"
"We should be wary of corporate power over political speech."
Antifa Demands Powell's Stop Selling Andy Ngo's Book, Forces Store To Close Early
"This book will not be on our store shelves, and we will not promote it. That said, it will remain in our online catalogue."
The First Amendment Doesn't Protect Trump Against Impeachment for his Role in Inciting the Assault on the Capitol
High government officials don't have a First Amendment right to be protected from firing based on their political views. That applies to presidents facing impeachment no less than other officials.
Did Trump Commit a Crime When He Riled Up His Supporters Before They Rioted?
Under federal law, incitement to riot does not include "advocacy of ideas" or "expression of belief" unless it endorses violence, which Trump did not do.
FCC Won't Fulfill Trump Order for 'Regulations to Clarify' Section 230
Plus: Trump concedes on reinstated Twitter account, Cabinet resignations keep coming, and more...
In 2021, Politics Needs a 'Leave Us Alone' Coalition
Government is not reason. It is not eloquence. It is force. We could use a little less of that, please.
Don't Give the Capitol Rioters Power Over Tech and Policing Policy
Plus: National Association of Manufacturers calls on Pence to invoke the 25th Amendment, Trump's response to the riot, and more...
Record Gun Sales and Diverse Ownership Mean Rocky Prospects for Restrictions
New gun owners are unlikely to embrace disarmament schemes from a government they distrust.
Alex Winter: Frank Zappa's Ultra-Individualist Legacy
The rock legend fought for free speech and self-expression in ways that appealed to dissidents in America and communist countries alike.
The Fracturing of Communist Cuba's Propaganda Machine
"When I started my blog," says journalist Yoani Sánchez, "it was like an exorcism of something that was inside of me."
Online Criticism of Retirement Community + Picketing Lead to Ohio Criminal "Harassment" Prosecution
We’ve filed an amicus brief supporting a motion to dismiss the charges.
The Case Against Julian Assange Is Also a Case Against a Free Press
Contrary to what the judge who blocked his extradition implied, the Espionage Act does not include an exception for "responsible" journalism.
Can a Fighting Words Charge Lead to a Higher Sentence Because of the Defendant's Racial Motivation?
Yes, the Ohio Court of Appeals held Thursday.
District Court Reverses Own Right-to-Be-Forgotten-Like Decision
The judge had earlier ordered search engines and web sites to remove materials about a employment discrimination lawsuit.
Immunity Passports May Liberate Us From Lockdowns or Invite New Privacy Invasions
The idea is looking less like a Get Out of Jail Free card and more like a hall pass.
Latest Decision in Sarah Palin v. N.Y. Times: N.Y.'s New Anti-SLAPP Law Is Retroactive
If this decision stands, then the Supreme Court wouldn't have a chance to reconsider the N.Y. Times v. Sullivan "actual malice" requirement in this case (not that it was likely to in any event).
Strip Club Ban on Unaccompanied Women Spawns LGBT Rights Controversy
Plus: House votes on $2,000 stimulus checks, another win for Brooklyn churches challenging lockdown orders, and more...
Hunter Biden Laptop Repairman Sues Twitter for Labeling the Documents "Hacked"
Twitter's labeling, John Paul Mac Isaac contends, implicitly accused him of being a hacker, and was therefore libel.
No Injunction Against Using Person's Name/Likeness in Promoting Free Podcasts …
even when the podcast producer tries to make money from them.
Are These Vulgarity-Spouting Birds a Threat to Democracy?
Aaron Reynolds is just trying to make people laugh, but his content may have been flagged on Instagram for interfering with the election.
Suppressing 'Hate Speech' on Social Media Drives Users to New Platforms
The more that big social media companies act like they can control what people say, the more competition they encourage.
