High School Boys Made the Nazi Salute in a Prom Photo. That's Terrible, But Not a Crime.
Social media can shame them and the school can punish them, but the police shouldn't intervene.
Social media can shame them and the school can punish them, but the police shouldn't intervene.
But what does that mean? Readers, tell me what you think, and how it fits with your general theory of constitutional interpretation (e.g., textualism, originalism, etc.).
... extends to public high school students, holds a federal judge in Wisconsin.
So reports the Times of London, which was the target of the purported order.
An interesting motion for a temporary restraining order, arguing based on the First Amendment, the dormant Commerce Clause, 47 U.S.C. § 230, and more.
Sessions was a staunch critic of consent decrees that forced police departments to reform unconstitutional practices.
The state has some of the nation's strictest firearm laws.
Whether it's Tucker Carlson or Don Lemon, violent threats are the wrong way to go.
The organization's lawsuit against New York's governor survives a motion to dismiss.
Outcoming Gov. Jerry Brown was no gun rights advocate, but if Newsom's voting record is any indication, he's likely to be even worse.
New York's governor is violating the First Amendment by pressuring banks and insurers to shun "gun promotion organizations."
The difference between exercising one's 2nd Amendment right and "looking very threatening and intimidating."
The NRA alleges that New York officials are trying to pressure banks and insurance companies not to deal with the NRA, because of the NRA's political activities.
The Supreme Court's call for supplemental briefing in Frank v. Gaos will lead it to a difficult question.
It just makes sense to let jurors know about their already established power to exercise discretion over bad laws and ill-considered prosecutions.
Banning ballot selfies to stop voter fraud is like "burning down the house to roast the pig" said the First Circuit Court of Appeals. But many states still do it.
"Once a matter is brought before a court for resolution, it is no longer solely the parties' case, but also the public's case."
Social media execs did themselves no favors by becoming so closely identified with the Democratic Party.
Trump's comments are not the same as the Nigerian Army's actions. But regardless of the nation, shooting protesters is bad.
Arkansas Supreme Court Justice Courtney Goodson was trying to block ads that criticized her and allegedly defamed her.
Jim Rutenberg's indictment of "the Incitement Industry" charges right-wing provocateurs with complicity in violence.
Anti-hate speech laws have gone too far.
Plus: New details on federal bullying of banks, a new fight over nutrition advice, and new migrant mania from President Trump
University Police issued a warning even after admitting that the student did nothing wrong.
The New York Times continues to push the myth that there is something uniquely deadly about the guns Dianne Feinstein wants to ban.
Politicians' demands for stricter laws are notably lacking in detail and logic.
A decade of surveillance from the civil rights era makes a technology and social-media-fueled return.
"Whatever differences the parties and their supporters have, they possess in common a passionate First Amendment interest in debating their futures. It seems very wrong that a court would take that from them."
Are we all just living through Elon Musk's dystopian simulation?
Justices are being asked yet again to argue about wedding cakes and whether the Civil Rights Act covers discrimination against gay and transgender people.
Facebook, Twitter, and other mainstream social networks have their issues. Are these 5 platforms viable alternatives?
Killers are responsible for their actions and the leap from rhetoric to action, along with all the blood they shed, is on their hands alone.
Plus: Brazil's worrisome new president, the long-tail of the housing crisis, and Brett Kavanaugh's replacement
How it happened and what (if anything) we can learn from such cases.
Friday A/V Club: A flimmaker fights a moral panic.
That's part of a broader doctrine under which European countries are still allowed to punish blasphemy.
Her statements may have been offensive. But that doesn't mean she shouldn't have a right to make them.
"We cannot adopt the trial court's preference to treat a [personal protection order], which in this case is a prior restraint on ... speech, as a means 'to help supplement the rules that we all live in society by.' The First Amendment ... demands that we not treat such speech-based injunctions so lightly."
The Colorado Supreme Court said "no" -- eleven federal circuits and many state high courts say "yes" -- the Supreme Court is being asked to review the case.
"Arnstein ... submitted the counterfeit orders, which appeared to be valid on their face, to Google and requested that Google de-index the websites containing the purportedly defamatory information."
Lawsuit wants to curb actions like "Operation Choke Point' in which bank regulators discourage banks from servicing certain customers, including gun and ammo dealers.
More than a year later, an arbitrator held the discipline was largely (though not entirely) improper.