The Legal Complexities in Rotenberg v. Politico—#1332 Might Surprise You!
Remember: Lawyers’ true superpower is the power to turn all questions into questions about procedure.
Civil Liberties
When Is It Tortious to Report on Someone's Positive COVID Result?
A privacy controversy in a lawsuit by privacy advocate Marc Rotenberg (formerly of EPIC, the Electronic Privacy Information Center).
No Qualified Immunity for Cop Who Shot and Killed a Suicidal Man, Says Federal Court
“An officer violates the Fourth Amendment if he shoots an unarmed, incapacitated suspect who is moving away from everyone present at the scene.”
Ninth Circuit Lets #TheyLied Suit Against Lawyer Lisa Bloom Go Forward
The lawsuit was brought by casino developer Steve Wynn, over a press release put out by Bloom related to a sexual harassment claim that Bloom's firm brought on behalf of a dancer.
Free Speech Under Threat from E.U. Campaign Against 'Terrorist Content'
Civil liberties advocates warn that the legislation threatens activism, journalism, and satire.
The Right to an Abortion Isn't Going Away
While overturning Roe v. Wade would lead to new restrictions in many states, legal access to abortion would be unaffected in most of the country.
Do Nannies Have "Justifiable Expectation" That They Won't Be Audiorecorded at Work?
No, says the Pennsylvania Supreme Court, though over a dissent.
Amicus Brief in the Student Speech Case
"In Tinker, this Court held that "[i]t can hardly be argued that … students … shed their constitutional rights to freedom of speech or expression at the schoolhouse gate." Yet [the school district] argues that students shed much of their freedom of speech even outside the schoolhouse gate, so long as their off-campus speech is reasonably expected to reach campus."
Police Officers Brutally Beat an Undercover Cop During the St. Louis Protests. A Jury Declined To Hold Them Accountable.
Luther Hall was assaulted so severely he required a spinal fusion.
The Bump Stock Ban Highlights the Danger of Letting Bureaucrats Invent Crimes
A federal appeals court rejects a highly implausible redefinition of machine guns.
Journal of Free Speech Law Pre-Call For Papers: Student Speech and Associational Privacy,
in light of the Supreme Court's forthcoming Mahanoy and Americans For Prosperity cases.
Cops Tried To Force a Man To Delete a Video of Them Beating a Suspect. They Got Qualified Immunity.
The officers knowingly violated the First Amendment, said the court. But that doesn't matter.
Arkansas Lawmakers Interfere in Trans Teens' Medical Choices
A blanket ban on medical procedures for minors is not a prescription for human liberty.
25-Foot Rooftop Videocamera Peering Into Neighbor's Yard Must Be Taken Down
Sounds right to me.
New York City Ends Qualified Immunity for Police Officers
It is the first city in the U.S. to do so.
Pronouns in the University Classroom & the First Amendment
A federal appellate court lets a professor's First Amendment claim go forward, in an opinion that powerfully protects faculty academic freedom more broadly.
Trump's Bump Stock Ban Just Lost Big in Federal Court
“It is not the role of the executive—particularly the unelected administrative state—to dictate” the terms of criminal law, said the 6th Circuit.
Abolishing the Filibuster Is About Power, Not Anti-Racism
Even Joe Biden and Barack Obama were willing to acknowledge this basic fact just a few years ago.
Senator Elizabeth Warren Channels Her Inner Trump
Threatening government action to stop "snotty tweets" is not a good look.
Outrage Over Handcuffed Children Leads States To Consider Raising Minimum Age of Arrest
In 28 states, there's no minimum age for arresting kids.
Florida Cops Sued for Hassling People Over Crimes They Might Commit in the Future
Predictive policing lets authorities add a science-y gloss to hammering people who rub them the wrong way.
Divided Sixth Circuit Panel Rejects Chevron Deference for Interpretation of Criminal Statute
A long awaited decision in a challenge to the Trump Administration's "bump stock" ban tees up some interesting questions for the High Court's review.
The Media's Obsession With Boulder's Blocked 'Assault Weapon' Ban Defies Logic
The suggestion that the ordinance could have prevented Monday's mass shooting is utterly implausible.
No, It's Not Easier To Get a Rifle Than Vote
This awful gun control talking point won’t go away.
Assange Avoids Extradition—For Now
Under the First Amendment, the question of whether Assange qualifies as a legitimate journalist is irrelevant.
There's no time like the present to take a Second Amendment case
Thirteen years after Heller, it's time for the Supreme Court to settle whether the Second Amendment applies outside the home.
The 9th Circuit Says the Right To Bear Arms Does Not Extend Beyond Your Doorstep
According to the dissent, the appeals court "has decided that the Second Amendment does not mean what it says."
My "The Hill" Article on Cedar Point Nursery v. Hassid
My article considers the implications of a major takings case currently before the Supreme Court.
England Gave Police Temporary Power During COVID-19 To Shut Down Protests. Now British Cops Want to Keep It.
Cracking down on protesters angry about police violence doesn't exactly inspire civic trust.
NYPD Must Release Body-Cam Footage of Fatal Shooting of Woman,
but with "blurring images of [Susan] Muller's body and blood spatter."
For the First Time, a Majority of Republicans Support Same-Sex Marriage
Plus: Appeals court considers whether nonstop surveillance violate due process, Utah governor signs porn filter bill into law, and more...
Biden Threatens to Revive Kangaroo Courts in College Sexual Assault Cases
The president has ordered the Education Department to consider rescinding reforms aimed at protecting the due process rights of accused students.
Sidney Powell Says She's Not Guilty of Defamation Because 'No Reasonable Person' Would Have Believed Her 'Outlandish' Election Conspiracy Theory
The former Trump campaign lawyer insists her allegations about systematic voting fraud were not "statements of fact."
Biden's Gun Control Proposals Make Little Sense As a Response to the Mass Shooting in Boulder
It is hard to see how an "assault weapon" ban or expanded background checks could have prevented this attack.
Additional Issues in Cedar Point v. Hassid
In this post, I consider some additional issues that came up in the recent Supreme Court oral argument in an important takings case.
Universities Can't Selectively Enforce Nondiscrimination Policies Based on Student Groups' Viewpoints
That’s a clearly established constitutional mandate, the Eighth Circuit holds, so a university can’t get qualified immunity from liability in such a case.
Supreme Court Hears Oral Argument in Major Takings Case - Property Owners Seem Likely to Prevail
The Court seems likely to rule in favor of property rights in Cedar Point Nursery v. Hassid.
Government is Still the Biggest Threat to Free Speech
When Amazon won't sell your book, you can head to Barnes & Noble. When government cancels your expression, there's nowhere left to go.
