To Enforce Social Distancing Rules, Cops Fined a Pennsylvania Woman Who Was Driving Alone
Not every apparent violation of a quarantine order is a risk to other people, and not all need to be (or can be) enforced equally.
Civil Liberties
Sixth Circuit Declines to Reinstate Ohio Limit on "Non-Essential" Abortions
On appeal, Ohio interpreted the limit (part of a temporary ban on all "non-essential" surgeries and procedures) as not banning abortions when "any delay will jeopardize the woman's right to obtain an abortion," but only as delaying earlier-term abortions that can be delayed—but it apparently hadn't made that argument in the trial court.
Candidate for Wisconsin S. Ct. (Judge Jill Karofsky) Seeks Preliminary Injunction Against Allegedly Libelous Campaign Ads
Today, Judge Judge Timothy M. Witkowiak refused to issue the injunction, partly on prior restraint grounds. The election is scheduled for tomorrow.
Before You Use Our GPS Travel Data To Formulate Coronavirus Policy, Make Sure You Understand the Data
Confusing travel distance with actual human mingling is no way to create smart policy.
Johnny Depp's Libel Claim Against Ex-Wife Amber Heard Can Proceed
Heard's Washington Post op-ed didn't mention Depp, but the judge concludes that in context it would be seen as implying factual assertions about him.
Anti-Trump Democrats Learn That Internet Censorship Blocks Them Too
Anyone who wants to restrict free speech should contemplate what it would be like if your enemy gets to choose what gets said.
Virginia Man Shoots an Active Robber in Store, Is Arrested Himself
The store owner thought his employee acted in reasonable defense of property and self. The police disagreed.
Another Trump-Appointed Judge Benchslaps the Trump Administration for Rewriting Federal Gun Laws
“The federal government forgot the Tenth Amendment and the structure of the Constitution itself.”
Can Police Task Forces Play Jurisdiction Games To Avoid Liability for Misconduct?
An innocent man was beaten up by a local police detective and an FBI agent. No one wants to take responsibility.
Will Pandemic Fears Grease the Way for Authoritarian Gun Controls?
Lawmakers are peddling restrictions on self-defense and other rights to a frightened public.
Will COVID-19 Kill the Constitution?
Politicians and the public are alarmingly willing to violate civil liberties in the name of fighting the epidemic.
The FBI Is Routinely Screwing Up FISA Warrants Targeting Americans
Carter Page was not an anomaly.
Seattle Police Chief Tells People To Call 911 If They Hear 'Racist Name-Calling'
Don't the authorities have better things to do with their time right now?
Wake Forest Dean Apologizes for Constitutional Law Professor's Quoting the Word "Nigger" from a Leading Supreme Court Case
A word that appears >10,000 times in court cases, in a wide range of fields -- yet some insist that law professors not be allowed to quote it.
U.K. Cops Remind Us Why We Should Resist the Government's Coronavirus Power Grabs
Threatening shops for selling chocolate Easter eggs and mocking people who are actually following the law undermines citizens’ trust.
COVID-Era Abortion Bans Blocked in 3 States—For Now
Plus: "Netflix for 3-D guns," viral authoritarianism, COVID-19 behind bars, and more…
L.A. County Sheriff Alex Villanueva Says Gun Dealers Are 'Nonessential.' The Department of Homeland Security Disagrees.
The county's ban on firearm sales is inconsistent with a new federal advisory as well as the Second Amendment.
Tear Up Your Census Form for a Better America
The government is perfectly capable of counting heads in a less-intrusive and more-hygienic way.
Child Custody Conditions Restricting Parents' Speech and Gun Storage
An interesting, though inconclusive, case involving preppers.
"Can ProctorU Be Trusted With Students' Personal Data?"
An interesting post by Paul Alan Levy (Public Citizen) on a demand letter ProctorU sent to UCSB.
When an Epidemic Spreads, So Do Rumors
The biggest thing our institutions could do to stop the spread of COVID-19 misinformation would be to spread less misinformation themselves.
Delaware Governor Changes Order, Allows Gun Shops to Remain Open,
though subject to stringent rules aimed at preventing coronavirus spread.
Do Gun Dealers Count As 'Essential' Businesses That Can Stay Open Under COVID-19 Lockdowns?
Or is the Second Amendment suspended for the duration of the epidemic?
No Suspension Without Hearing in University Student Disciplinary Proceedings
Plus "An accused student's rights must be guaranteed—not left open for interpretation."
Can an Epidemic Justify Temporarily Forbidding Abortions (Except to Protect Life or Health of the Woman)?
Can it justify temporarily forbidding people to buy guns?
Ring's Expanding Public-Private Panopticon Doesn't Actually Stop Crime
Despite broad claims from the company, available police reports don't support the idea that filming everything in front of people's doors stops much crime.
Is Wearing a Face Mask in Public To Ward Off COVID-19 a Crime?
It depends on the state where you live.
Can't Seal Police Abuse Settlement Amount Just Because Beneficiary is a Minor
The district court reasoned that sealing was justified because of "the child's privacy interest in being protected from financial predators or others who would harass the child simply because they know the amount received." No, said the Fifth Circuit.
My New "Atlantic" Article Making the Case for Strengthening Protection for Property Rights
It particularly emphasizes ways in which weak property rights harm the poor and disadvantaged.
Don't Let Temporary COVID-19 Restrictions Become Permanent
Emergency restrictions should always be lifted as soon as the crisis has sufficiently abated.
Texas, Ohio Officials Use COVID-19 as an Excuse To Restrict Abortion
Plus: the pandemic in prisons, pushback on Trump's prescription for economic rebound, and more...
China's Censorship Helped Start a Pandemic. Can Free Speech End It?
The contagious spread of information is in a race against the contagious spread of coronavirus.
Is the FBI Snooping on Political Groups and Ideological Publications?
They have a long history of spying on dissident political groups, from early 20th century socialists and mid-century civil rights leaders to modern environmentalists and Black Lives Matter.
Justice Department Reportedly Asks Congress for Indefinite Detention Powers To Fight Coronavirus
Congress should loudly and unanimously reject this insanity.
Owner of DERBY-PIE Trademark Can't Stop Kentucky Newspaper from Discussing Other Derby Pies
An important principle, which also applies to uses of trademarked terms in films, books, video games, and the like: "A party does not violate trademark law solely by using words another entity has trademarked."
Does the Takings Clause Require Compensation for Coronavirus Shutdowns?
Under current Supreme Court precedent, the answer is almost always going to be "no." But some compensation may be morally imperative, even if not legally required.
