Civil Liberties
Don't Blame 23andMe for the Federal Government's Lack of Clear Data Privacy Rules
A lawsuit against the genomics company "imposes top-down restrictions" rather than "establishing clear rules" or "letting companies equip individuals with better tools to manage their privacy," says one expert.
Big Business as Gun Control
Partly from coercion and partly by choice, many banks and social media businesses impose severe gun controls
Illinois Court Dismisses Defamation Suit Based on Allegations that Plaintiff Teacher Was "Anti-White" etc.
The court does, however, leave open the possibility that the plaintiff can file an amended complaint that can go forward.
No Pseudonymity for Vexatious Litigant, Even When She Is Alleging Sexual Assault
"[A]llowing plaintiff to proceed under a pseudonym could enable her to evade judicial oversight under the vexatious litigant rules by obscuring her litigation history and identity across multiple cases."
Appeals Court Blocks Louisiana Ten Commandments in Classrooms Law
"If H.B. 71 goes into effect, Students will be subjected to unwelcome displays of the Ten Commandments for the entirety of their public school education. There is no opt-out option," the court's opinion reads.
Trump's Unconstitutional Act of War
Plus: A criminal justice case that managed to unite Alito and Gorsuch.
Campaign Finance Laws Institutionalize Corruption
Powerful political allies get a pass, while dissenters are crushed with massive fines. This isn’t a flaw in the system—it’s the point.
No Preliminary Injunctions Against Penn's Sanctions on Prof. Amy Wax
"[W]hatever harm she claims, it is not imminent, irreparable harm. Her damages, if any, are monetary damages."
The 9th Circuit Says California's One-Per-Month Limit on Gun Purchases Is Unconstitutional
The appeals court concluded that the restriction impinges on the right to arms and is not consistent with the historical tradition of firearm regulation.
Abortion Rates Keep Rising After Dobbs
Strict abortion bans do not seem to be seriously stopping abortions.
The 20th Anniversary of Kelo v. City of New London
On this anniversary, I have posted two new articles related to one of the Supreme Court's most controversial decisions.
Did Elected Officials Violate First Amendment by Orchestrating Public Criticism of (and Racism Allegations Against) Their Critic?
"[P]ublic condemnations, op-eds, and official complaints ... through proxies are independent constitutional violations" if the officials "engaged in conduct that was motivated by the plaintiff's protected speech and had the requisite chilling effect on First Amendment activity."
Decisions to Restrict Online Access to Eviction Records Are for Judges, Not for Clerks of Court
So holds the Ohio Supreme Court.
Political Violence Surges Because Politics Matter Too Much
We’ve made government so powerful that people will fight rather than surrender control to the enemy.
A Judge's Order Freeing Mahmoud Khalil Is Yet Another Loss for the Trump Administration's Immigration Agenda
A federal judge didn't buy the Trump administration's claims about why it was keeping Khalil in an federal immigration detention center.
The 9th Circuit Rejects Trump's Audacious Claim That He Can Use the National Guard However He Likes
Although the appeals court said the president probably complied with the law he invoked to justify his California deployment, it emphasized that such decisions are subject to judicial review.
Court Rejects Lawyer's and Client's Libel Claim Over Inside Higher Ed's Coverage of Title IX Suits
The court appears unmoved by the claim that an earlier ruling sent the "wrong message ... that people of color (all the plaintiffs are Latino) do not have a chance to get their day in this Honorable Court."
Militarized Response to California Riots Seeks To Expand Federal Power
Militarized riot approach sets the nation on a dangerous course.
Florida Used a Nationwide Surveillance Camera Network 250 Times To Aid in Immigration Arrests
Flock Safety’s 40,000 cameras present in over 5,000 communities across the U.S. are being used to detain undocumented immigrants, many of whom have no criminal history.
Texas Legislators Say They Are Protecting Free Speech on Campus by Banning 'Expressive Activities' at Night
A bill awaiting the governor's signature represents a stark reversal from a 2019 law aimed at promoting "uninhibited debate."
Los Angeles Is Beating Trump by Not Punching Back: Dispatch from L.A.
Trump intends to win in L.A., but to do so, he needs an adversary willing to step into the ring he has devised. Two weeks in, L.A. residents remain unwilling to do so.
A Popular Spanish-Language Journalist Is in ICE Custody After Being Arrested at an Atlanta Protest
Mario Guevara built a following covering immigration arrests around Atlanta. Press freedom groups say police frivolously arrested him while he was covering a "No Kings" protest.
Trump's Immigration Crackdown Is Overwhelming ICE Facilities and Running Up Huge Bills
The cost of Trump's immigration crackdown keeps going up.
Writings on Juneteenth, its Meaning, and its Significance for American Liberty
Compendium of links to my writings about the holiday celebrating the abolition of slavery.
News Site Can Be Prosecuted for Publishing Home Addresses of Police, Prosecutors, and Judges
So the New Jersey Supreme Court unanimously held Tuesday; the decision allows civil liability as well as criminal punishment, once the government official demands that the newspaper (or anyone else) stop publishing this information.
Why MAGA Turned on Amy Coney Barrett
Plus: The Supreme Court upholds a state ban on transgender care for minors.
SCOTUS Upholds Tennessee Law Banning Medical Transition for Transgender Kids
With the culture war blazing, not even the Supreme Court could agree on the medical facts of the case.
Trump Argues That He Can Take Over a State's National Guard Whenever He Feels Like It
The government's lawyer told a 9th Circuit panel the president's deployments are "unreviewable," so he need not even pretend to comply with the statute on which he is relying.
Scott Barry Kaufman: Incels, Narcissists, and the Victim Mindset
Psychologist Scott Barry Kaufman joins Nick Gillespie to discuss toxic identity politics, the rise of grievance-based thinking, and why true self-actualization requires moving beyond victimhood.
Lighthiser v. Trump: Another Kids Climate Suit
This one claims that the Trump Administration's deregulatory efforts violate the Fifth Amendment.
Gun Owners Deserve Freedom To Enjoy the Sound of Silencers
Long restricted by federal law, suppressors are poised to be freed by litigation or legislation.
Federal Courts Shrug at Potentially Lethal Wrong-Door Raids
Cops should not be free to forgo the modicum of care required to make sure they’re in the right place.
Fighting Antisemitism Should Not Come at the Expense of the First Amendment
The Antisemitism Awareness Act threatens the First Amendment by empowering federal bureaucrats to police political and religious expression.
McCarthyism, Past—and Present?
Clay Risen's Red Scare book wrongly frames it as an exclusively conservative hysteria.
If Brendan Carr Cares About Free Speech, He Should Make These Changes at the FCC
Now is the perfect time for the FCC to change its precedent to comply with the First Amendment.
Restriction on Gun Possession Within 1000 Feet of School Constitutional, at Least When Possessor Is "Behaving Erratically and Menacingly"
The Fifth Circuit hands down a highly fact-specific decision in a Second Amendment challenge to a federal law.
Las Vegas Police Arrest TikTok Livestreamers and Tell Them 'You Should've Shut Your Mouth'
"You need to learn the rules," an officer says. "You run your mouth at me. Now you're on your face."
Israel Strikes Iran. Is Escalation Inevitable?
U.S. involvement in the new Middle East conflict, political violence at home, and the No Kings protests
