Two Justices Really Want To Revisit Gay Marriage Ruling. Let's Not Panic, Please.
Clarence Thomas and Samuel Alito worry about the future of religious freedom. That’s not the same as a call to overturn the decision.
Civil Liberties
How Social Media Have Changed Campus Climate
The dynamics of the information ecosystem have impacted research and teaching.
"Unassailable Ideas: How Unwritten Rules and Social Media Shape Discourse in American Higher Education"
Profs. Ilana Redstone and John Villasenor are guest-blogging this week about their new book.
No Temporary Restraining Order Against Airing of Discovery's The Lost Lincoln
A federal district court rejects the argument that the documentary will violate trade secret rights related to "a long-lost photograph that purportedly depicts Abraham Lincoln lying wounded on the night of his assassination."
Interesting Custody Case Involving a Child and His Grandparents vs. the Father
As usual, at this point in the litigation the key questions focus on procedure.
Nevada S. Ct. Vacates Preliminary Injunction Against "False or Defamatory" Speech
The injunction, the court held, is an unconstitutional prior restraint.
Retaliatory Arrest for Content of Chalking May Violate the First Amendment
And that's true even if state graffiti law provided probable cause for the arrest, so long as there's evidence that chalking with other messages almost never leads to arrests.
The New York Times Runs Apologia for China's Hong Kong Crackdown
Regina Ip spins a fantasy of a just government restoring order to Hong Kong.
SCOTUS Could Use More Skeptics Like Amy Coney Barrett
The 7th Circuit judge’s track record suggests she would frequently be a friend of civil liberties.
Trump Pushed To Condemn White Nationalist Proud Boys, Instead Tells Them 'Stand Back and Stand By'
Leaders of the organization reportedly see this as tacit approval.
Reputation Repair Service Costs as Measure for Damages in a Libel Case
An interesting decision, on a motion for default judgment.
Don't Sell Weapons to the UAE
Selling weapons to the UAE would stamp brutality and extremism abroad with American approval.
The #FinCENFiles Shine a Spotlight on How Banks Are Ordered to Snoop on You
Why does media coverage conclude the problem is that the government hasn’t done a good enough job of spying?
Mother's "Islamophobic" Remarks About School Board Member Yield Ban from School District Property
(at least unless she gets case-by-case permission to enter that property). But a federal district judge has correctly held that this likely violated the First Amendment.
Amy Coney Barrett Condemns Purdue University's 'Fundamentally Unfair' Adjudication of Sexual Assault Claims
The opinion, which suggests a strong concern about due process, will nevertheless be cited as evidence of the SCOTUS nominee's "uniformly conservative" record.
Are You Ready for a Second Round of Pandemic Lockdowns?
Politicians are poised to tighten the screws, even though voluntary action offers more promise.
Court-Appointed Lawyer Ordered for Junior High Schooler's First Amendment Lawsuit
"The Croziers allege that the teacher 'lied to intentionally defame and label A.C. as a 'racist who said the N-word.'"
"Judges Propose Making Disclosure of Their Personal Details a Crime"
This would include group membership, information about where a spouse works, and more.
Prisoners Have the Right to Access Court Records in Their Own Cases
So concludes the Louisiana Supreme Court, in allowing a prisoner access to the jury vote breakdown in his case—quite important given the U.S. Supreme Court's ruling rejecting Louisiana nonunanimous convictions.
Amy Coney Barrett Thinks the Second Amendment Prohibits Blanket Bans on Gun Possession by People With Felony Records
The SCOTUS contender's 2019 dissent will alarm gun control supporters but reassure people who want judges to take this constitutional provision as seriously as others.
Amy Coney Barrett Demolishes the Qualified Immunity Claim of a Detective Accused of Framing a Man for Murder
The case is an encouraging sign that the SCOTUS contender is not the sort of judge who bends over backward to shield cops from liability for outrageous misconduct.
Section 230's Latest Attacker: The Justice Department
A new DOJ proposal aims to bring the internet communications law in line with Trump's personal interpretation of it.
Resolve the 'Anarchist Jurisdictions' Dispute With Less Government Meddling
Peace will come only from leaving other people alone on the condition that they do the same for us.
Pouring Water on Speaker's Head During Press Conference Doesn't "Constitute[] Protected Speech"
A trial court said this pouring (without the target's consent) was indeed constitutionally protected; it took a 2-1 Texas Court of Appeals decision to reverse that.
Florida Gov. Ron DeSantis Unveils Bill To Stiffen Penalties for Protesters and Punish Towns That Cut Police Budgets
The parts that aren't constitutionally dubious are brainless culture-war fodder.
Belarusian Dictator Orders Polish and Lithuanian Borders Closed
So far, they don't seem to have actually closed the borders. But his threat probably has a different aim.
Two Lawyers Walk Into an 'Anarchistic Jurisdiction'
Perspectives on the proposed federal classification of Portland and other cities in crisis.
Gun Control Puts Your Life at Risk
In the 20th century, far more people were murdered by genocidal governments than by armed criminals.
USC Faculty Reaction to the Great USC Chinese Homonym Panic
"Scathing comments" from an anonymous faculty survey (reported by the Chronicle of Higher Education), plus an article in the Atlantic. You can't buy publicity like that, as they say, or faculty morale like that.
SCOTUS Contender Amy Coney Barrett's Mixed Record in Criminal Cases
While the 7th Circuit judge is often skeptical of the government's position, some of her conclusions will give pause to civil libertarians.
The Justice Department Sees 'Anarchy' Overtaking New York City. If Only That Were Remotely True.
The Big Apple is practically a black hole of overpolicing and regulation.
The Death of Ruth Bader Ginsburg and the Future of the Supreme Court
What's next for SCOTUS?
Ruth Bader Ginsburg, RIP
The passing of a feminist heroine, and a giant of American jurisprudence.
Petition to "Impose Further Disciplinary Actions" on University Students for TikTok Singalong
The students are at Florida International University, "Miami's first and only public research university."
Video Game Developers Have First Amendment Right to Base Characters in Part on Real People
So the Third Circuit held yesterday.
Trump Administration Formally Bans TikTok, WeChat Apps From Online Stores in U.S.
There’s nothing good about censoring communication platforms citizens want to use.
Court Rejects Columbus Dispatch's Argument in Favor of Sealing
Newspapers often argue against the sealing of court records; here the newspaper argued in favor.
Japan's Supreme Court Legalizes Non-Medical Tattooing
Before, tattoos could apparently be done only by M.D.s.
Surveying the Federal Government's Kafkaesque System of Legalized Larceny, the 5th Circuit Sees No Due Process Problem
Gerardo Serrano, whose truck was seized over five forgotten handgun rounds, waited two years for a hearing he never actually got.
Creating a Version of a Work Solely for "Artistic Experimentation and to Seek License Approval from the Copyright Holder" = Fair Use
So holds Judge Virginia A. Phillips (C.D. Cal.) in Tracy Chapman's lawsuit against Nicki Minaj.
