Sanctions Imposed on Alleged "Copyright Troll"
for what the judge concludes are discovery violations, in a copyright case involving photos of model Emily Ratajkowski.
Civil Liberties
Imagining a World Without Qualified Immunity, Part V
Absent qualified immunity, government indemnification and budgeting would continue to dampen the effect of lawsuits on government decisionmaking—but eliminating the defense could exert other pressures on government to improve.
Here Are the Problems With the Attorney General's Plan To Expand Background Checks for Gun Buyers
It would not do much to protect public safety, but it would magnify the injustice of existing restrictions on gun ownership.
The First Amendment and Tax Exemptions for "Hate" Groups
Just testified this morning before the House Ways & Means Committee Oversight Subcommittee about this.
The Growing Right-Wing Threat to Campus Free Speech
Conservatives deploy state power to go after speech they don't like.
How the FBI Abets White Supremacists and Terrorists
Whistleblower Michael German's new book exposes how the FBI failed us on 9/11 and continues to endanger us all through racism, incompetence, and institutional inertia.
Climate Activists Around the World Will Take to the Streets on Friday. Will Their Protests Matter?
Or, will global leaders ignore them just like they did the People's Climate March in 2014?
Sandy Hook Promise Ad Hypes the Danger of School Shootings, Fostering Irrational Fears and Bad Policies
Official responses to these extremely rare crimes are grossly disproportionate in light of the risk they actually pose.
A Grieving Father Is Standing Trial for Criticizing a Judge on Facebook
Jonathan Vanderhagen believes a judge doomed his son to an early death. The judge says Vanderhagen's Facebook posts were intimidating.
DOJ Gives Edward Snowden's New Book Free Publicity With Lawsuit Demanding Its Proceeds
Snowden didn’t subject his autobiography Permanent Record to pre-publication review by the federal government that’s also trying to throw him in prison.
Corey Lewandowski, House Democrats Clash During Wild Trump Impeachment Prelude Hearing
Plus: Screen addiction is not really a thing and New Mexico embraces tuition-free college.
Imagining a World Without Qualified Immunity, Part III
Eliminating qualified immunity would decrease the average cost, complexity, and time spent adjudicating civil rights cases.
Imagining a World Without Qualified Immunity, Part II
Absent qualified immunity, the rate at which plaintiffs win would remain about the same.
States Take Antitrust Aim at Big Tech
Everybody’s going after Google and Facebook. But how do you prove they’re harming consumers?
Saturday Night Live Fires New Cast Member Shane Gillis for Using Offensive Language
Comedy, meet cancel culture
Freedom of Speech Protects Calligraphers' Right Not to Create Custom Same-Sex Wedding Invitations
So holds the Arizona Supreme Court.
Abortion Bans Failed in the 19th Century. They'll Also Fail in the 21st.
History provides a window into how abortion bans will play out if re-instituted.
Don't Narc on Kids' Nerf Guns Unless You Want Potentially Tragic Confrontations
America may be safer than ever, but residents of the Land of the Free seem set on raising their children in a climate of fear.
Imagining a World Without Qualified Immunity, Part I
What impact would abolishing qualified immunity have on civil rights litigation, police misconduct, and government accountability?
The Justice Department and Allegations Against Federal Officeholders
Hard to see what President Trump was referring to with regard to the New York Times story with new allegations about Justice Kavanaugh.
N.M. Abolishes Marital Communication Privilege, Based in Large Part on Feminist Arguments
New Mexico will apparently now be the only state in which spouses may generally testify about confidential statements made during the marriage.
The Second and Sixth Amendments
If a state criminal conviction leads to denial of gun rights under state law (not just federal law), the defendant must be given the option of a jury trial, rules the Nevada Supreme Court.
Kamala Harris Does Not Understand Why the Constitution Should Get in the Way of Her Gun Control Agenda
The presidential contender conspicuously fails to explain the legal basis for her plan to impose new restrictions by executive fiat.
Vicious Scapegoating Is the Whole Point of Beto O'Rourke's Gun Grab
The "assault weapons" that the presidential contender wants to confiscate are not especially deadly, but the symbolism of that policy is poisonous.
Remember the Vallejo Cop Who Tackled a Veteran for Filming Him?
Now he's being sued for another act of excessive force.
Beto O'Rourke: 'Hell Yes, We're Going To Take Your AR-15'
Advocating for gun control is no longer enough. On Thursday night, the Democratic presidential candidates promised gun confiscation.
Northeastern Illinois University Students Say Hosting Sean Spicer Promotes Violence
"Any platform he is provided...creates more space for right-wing extremists to escalate their attacks on our communities."
This Awful House Bill Would Promote Gun Confiscation Without Due Process
The bill would make the criteria for federal grants loose enough to accommodate even the worst "red flag" laws.
Hong Kong Protesters Want Democracy, Accountability, Autonomy, and U.S. Support
The formal withdrawal of a controversial extradition bill won't be enough to stop the protest movement.
Citing Safety, Some Students Oppose Removal of UT-Austin's 'Free Speech Zone'
They worry that letting speech flourish in the rest of the campus will make "students feel unsafe and unwelcome."
Why Suing for Less Money Might Be Better
If you want to stay out of federal court when suing someone from another state, ask for $75,000 or less at the outset -- as Eric Wedgewood / Heiko Julien, the creator of the Content Zone meme pages, has learned.
Politicians Want to Destroy Section 230, the Internet's First Amendment
Four myths about the law that made the modern internet possible.
Lawsuit Argues That San Francisco's Anti-NRA Resolution Violates the First Amendment
Going beyond criticism, the resolution would punish the NRA and its supporters by cutting off contractors with ties to the group.
The Supreme Court's Next Big Fourth Amendment Case
What’s at stake in Kansas v. Glover.
Shouting Down a Speaker Isn't "Lawful Activity"
"Approximately 2½ minutes after Ms. Oransky's group began chanting ... a representative of the Community Center announced that the facility was closing and that everyone had the leave the building. Ms. Oransky took credit for that announcement immediately telling a videographer 'we closed it down!'"
My New Article on the Supreme Court's Recent Decision in Knick v. Township of Scott - an Important Takings Case
The article is now available for free on SSRN.
Cops Prevent Students From Advertising Fake 'Pot' Brownies Outside Free Speech Zone
Western Illinois University clamps down on student speech.
Trump Mulls Orwellian Proposal to Stop Mass Shootings by Monitoring 'Mentally Ill People' for Signs of Imminent Violence
The program would try to develop a surveillance system based on predictive tests that don't exist.
Boston Judge Smacked Down for Overruling D.A. Who Tried To Drop 'Straight Pride' Protest Charges
Top justice rules that trying to push a criminal case forward over prosecutors’ objections is a violation of separation of powers.
Did You Download an App that Connects to Your Rifle Scope? If So, the Justice Department Wants to Know Who You Are.
Feds go fishing for private data in order to track down illegal exporters.
Don't Just Do Something
Who are the good guys? Who are the bad guys? Who knows? Do something!
San Francisco's Anti-NRA Policy Could Be Unconstitutional
The Supreme Court has said the First Amendment protects government contractors against termination based on their political views.
Alabama Dean Resigns After Conservative Snowflakes Publicize His Old Tweets
Right-wing cancel culture comes for Jamie Riley, who dared to criticize the American flag.
Mississippi Retreats on Stupid Attempts to Censor 'Veggie Burger' Labels
Nobody is being "confused" by vegetarian meat substitutes.
