$465 Million Judgment Against Johnson & Johnson Threatens Freedom of Speech
A brief supporting the company's appeal argues that its discussion of pain treatment was constitutionally protected.
Civil Liberties
No Sealing of Health Care Quality Review Report in Doctor-vs.-Hospital Lawsuit
"Plaintiff would have his allegations litigated in a star chamber with a jury of ordinary citizens presumably barred from discussing the case after their service in a closed courtroom."
Cops Clash with Protesters in America and Around the World
Plus: Pennsylvania restaurant wins lockdown lawsuit, Pakistan bans TikTok, and more...
The Federal Death Penalty Returns
State-level executions have been on the decline since 2000, but the federal government recently got back in the business of executing prisoners.
Divided Sixth Circuit Upholds Kentucky Abortion Regulations
The Sixth Circuit joins the Eighth Circuit in recognizing the import of Chief Justice Roberts' controlling opinion in June Medical Services
Minnesota Order Banning "False or Defamatory Statements" Limited to Knowingly False And Defamatory Statements
So says the Minnesota Court of Appeals, as to a "harassment restraining order."
The Complicated Truth About the Boogaloo Movement
These Hawaiian shirt-wearing, gun-toting Gen Z activists say they stand with Black Lives Matter, against gun control, and are preparing for total state collapse.
Milo Yiannopoulos Defends Basic Traditions of Journalism
A federal judge makes it clear: "the consumption of alcohol at a party does not vitiate journalistic intent"; hard-drinking reporters are as covered by the journalist's privilege as the abstemious. Other journalistic traditions that aren't disqualifying: bias, and bearing grudges.
Guns and Control
San Francisco writer Guy Smith finds little evidence that the availability of firearms explains differences in suicide and homicide rates.
If Trump Was Serious About Police Reform, He Would Have Addressed Qualified Immunity
The legal doctrine makes it considerably harder to hold cops accountable. Trump refused to address it.
Eighth Circuit Seals Published (Printed) Opinion, Later Grants Our Motion to Unseal
An attempt to protect litigant privacy meant that binding precedent was vanished from Westlaw.
These 7th Circuit Decisions Suggest Amy Coney Barrett Takes a Constrained View of Qualified Immunity
In several cases, the Supreme Court nominee voted to allow civil rights lawsuits against officers accused of misconduct.
Twitter Blocking a New York Post Article Was Dumb—but Not Illegal, Censorship, or Election Interference
Plus: 898,000 new jobless claims, and more...
Ira Glasser: Would Today's ACLU Defend the Speech Rights of Nazis?
The subject of the new film Mighty Ira explains why social justice warriors are wrong to attack free speech.
"Does Owning a Gun Make a Judge's Second Amendment Rulings Suspect?"
"Barrett says she owns a gun, but could fairly judge a case on gun rights" -- why the "but"?
Judging From His Grilling of Amy Coney Barrett, Sen. Richard Durbin Thinks Voting Is More Important Than Staying Alive
The senator thinks people with felony records should lose the right to armed self-defense but not the right to cast a ballot.
Does Owning a Gun Make a Judge's Second Amendment Rulings Suspect?
If that standard were applied to other constitutional rights, no one would be left to enforce them.
Cryptography vs. Big Brother: How Math Became a Weapon Against Tyranny
Part two of a four-part series on the history of the cypherpunk movement
Colorado Couple's Adoption Plans Wrecked by Child Neglect Charges for Briefly Letting a Kid Nap in the Car
"If you're on that registry, you're bad."
No, Amy Coney Barrett Isn't Part of a 'Dark Money' Plot To Overturn Gay Marriage and Abortion
Such theories are not based in fact.
Defending Amy Coney Barrett, Ted Cruz Highlights the Threats That Democrats Pose to Civil Liberties
The Texas senator notes the opposing party's blind spots on freedom of speech and the right to arms.
Justice Thomas Writes in Favor of a Narrow Reading of 47 U.S.C. § 230
He seems open to materially increasing Internet service and content providers' liability for libels posted by their users, and based on other user misconduct.
The Reawakening of the Black Gun-Rights Movement
"I believe that I'm channeling my ancestors," says Second Amendment activist Brent Holmes, who carries an assault rifle to protests in Richmond, Virginia.
No Preliminary Injunctions Against Libel
A good illustration of the modern rule, which allows some permanent injunctions against repeating specific statements found to be libelous at trial—but only after such a finding on the merits.
German-Style Internet Censorship Catches On Around the World
Inspired by Germany's notorious hate-speech law, more countries seek to impose steep penalties on platforms that don't comply with their censorship whims.
Should Facebook Have a Duty to Report Us to the Police for Felonies Potentially Revealed in Our Posts?
An Ohio judge suggests the answer should be "yes," and an Ohio statute seems to require that when Facebook employees learn of specific felonies revealed by posts that they might be monitoring for some reason.
Promoting On-Campus Discourse: Recommendations
Here are some ways to build a campus culture more open to free inquiry and discourse.
Supreme Court Won't Intervene (Yet) To Stop Abortion Pills From Being Prescribed Remotely
Plus: Trump says he plans to hold rallies despite lack of negative COVID-19 test, Biden won't answer question on court-packing, and more...
The Problem with Mandated Diversity Statements in Faculty Hiring and Promotion
Improving diversity is a worthy endeavor. But compelled “diversity statements” are a form of social engineering that, ironically, can be exclusionary.
House Antitrust Report Hits Apple, Amazon, Facebook, and Google
Plus: Tech companies respond, proposed H-1B visa changes, and more...
Why a Broad View of Academic Freedom Is Essential
Most things faculty publish don’t lead to a backlash. But that doesn’t mean that there’s not an academic freedom problem.
An Overdue Rebuke to Politicians Who Think Anything Goes in a Pandemic
Two courts say COVID-19 lockdowns in Michigan and Pennsylvania were unconstitutional.
Three Core Beliefs that Define the Boundaries of Free Inquiry and Discourse on Many Campuses
These beliefs shouldn’t be considered the only legitimate way to see the world.
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.
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.
