Where Have You Been? Your Cellphone Knows and Is Willing to Tell
Your cellphone is tracking your movements and, despite legal protections, federal, state, and local officials are finding new and disturbing ways to use that information.
Civil Liberties
6th Circuit: This Man Can Sue the Cop Who Arrested Him for Defending His Daughter Against a Feral Cat
Dwain Barton says Officer Dean Vann illegally entered his home and used excessive force while arresting him without probable cause.
@UnsealieCourt, a New Twitter Feed for News About Public Access to Court Records
(and perhaps to other government records).
Last Monday: Second Circuit Fair Use Day (Drake + Sargon of Akkad)
Four Second Circuit judges gave fair use victories (separately) to rapper Drake and blogger Sargon of Akkad, concluding that defendants' uses of plaintiffs' work to comment on it and criticize it were fair use and thus not copyright infringement.
The Tear of Allah
The Chinese Communist Party confiscated a sacred meteorite from Muslim herders. They're suing to get it back.
Louisiana Prosecutors Say They Can't Be Sued Over the Fake Subpoenas They Used To Pressure Witnesses Into Testifying
In several cases, victims received higher bonds than criminal defendants and were forced to serve jail time.
Kesha Defamed Former Producer in Private Text to Lady Gaga About Rape, Says Judge
Plus: Maybe Buttigieg didn't win Iowa? Vermont considers decriminalizing prostitution. Customs and Border Protection gets a status change. And more...
Alexander Hamilton's Influence on Free Press Law: Free Speech Rules (Episode 10)
Episode 10 of Free Speech Rules, a video series by UCLA law professor Eugene Volokh
Judge Upbraids UConn for Unfair Investigation
The university disallowed the testimony of witnesses who would have undermined the accuser's credibility.
Australia Moves To Restrict Cash and Build Up Its Surveillance State
It’s all part of the international push by officials to monitor the public. You’re next.
New York City's Commission on Human Rights Thinks It Can Tell Prada What To Sell. Prada Agrees.
The city's overzealous commission has ordered the company to stop selling dolls some said were racial caricatures.
Meet Titania McGrath, the Wokest SJW on Twitter
"Say what you will about ISIS but at least they're not Islamophobic." Journalist Andrew Doyle has created the ultimate parody account.
Judge Orders Heavy Redaction of Motion to Recuse
If a motion to recuse argues that the judge has a conflict of interest because she owns particular property, can the judge order the redaction of all the details related to the location of the property?
China's Coronavirus Censorship Hurts Public Health
Efforts to control the flow of information fail, but they muddle the quality of what people share in defiance of the censors.
Elizabeth Warren Absolutely Wants the Government To Punish Facebook for Spreading Disinformation
"We need to stop this generation of big tech companies from profiting off of lies to the American people," the candidate told PEN America.
This Crackdown on a Jury Nullification Activist Violates the First Amendment
What’s at stake in Michigan v. Wood
Divorcing Spouses Forbidden from "Disparaging" Each Other to Their Employers
A clear First Amendment violation, I think -- but it's the law in Tennessee.
Michael Bloomberg's Claim About 'Children' Killed by 'Gun Violence' Is Off by 73%
Such inflammatory exaggeration seems designed to avoid a substantive discussion of the presidential candidate's gun control proposals.
Mike Bloomberg Just Lost My Vote With His Super Bowl Ad
The billionaire former three-term mayor of New York panders to Democratic loyalists rather than laying out a vision for a prosperous, tolerant America.
Lindsey Graham Wants to Use Mistrust of Big Tech To Destroy Your Right to Online Privacy
Online platforms would have to "earn" speech protections by compromising encryption—all in the name of fighting child porn.
What the Porn Industry Thinks of the New War on Porn
GOP attacks on internet smut are heating up, but the porn industry has more practical threats to worry about.
40 Privacy Groups Ask Federal Oversight Agency To Push for Suspension of Federal Facial Recognition Technology
40 privacy advocacy groups send open letter to agency
House Moves To Give Homeland Security More Power To Snoop
Plus: Santa Cruz decriminalizes shrooms, the feds target medical marijuana in Michigan, "the growing threat to free speech online," and more...
Citing National Security, the Trump Administration Says John Bolton Can't Publish His Book
The attempted muzzling of the former national security advisor is dubious.
Elizabeth Warren Wants To Make It a Crime To Give Out Fake Info About Voting
When politicians call to punish “disinformation,” we should worry about what that definition encompasses.
The Long Shadow of the Palmer Raids
A century ago, the Wilson administration cracked down on immigrant anarchists. The raids lasted three months, and their impact was felt for decades.
Virginia's Pending 'Red Flag' Law Includes Improvements but Still Falls Short of Due Process
The bill's requirements for "emergency" orders are loose, and it does not give respondents a right to a court-appointed lawyer.
Panic About Peaceful Protest Reveals Gun Controllers' Bigotry
Erroneous predictions of violence at the Richmond rally conflated civil libertarians with militant racists.
Ban Facial Recognition on College Campuses, Activists Say
"Facial recognition represents a dystopic advancement of the police state."
Journalists Might Be Felons for Publishing Leaked Governmental "Predecisional Information"
That's the logical implication of a recent Second Circuit panel decision (though one involving a non-journalist).
First Amendment Challenge to Restrictions on Use of Falcons in Videos and Commercials
A federal court has allowed the case to go forward, and is considering whether to preliminarily enjoin the restrictions.
Federal Judge Concludes UConn Sexual Assault Hearing Likely Violated Due Process,
orders university to temporarily reinstate accused student for Spring semester.
E-Verify: Making Life Harder for Workers and Small Businesses, With Enthusiastic MAGA Support
E-Verify makes life harder on immigrants who want to work, but it doesn't make things better for anyone—-even those who want to see those immigrants leave.
How a Fake Rationing Scare Highlighted the Absurdity of California's Actual Water Policies
No, Californians aren't banned from showering and doing laundry on the same day. But the fact that so many people believed that lie says something about how insane the state's real water laws are.
Lawmakers Say the FBI's Problematic Carter Page Warrants Require Congressional Surveillance Reforms
A bipartisan coalition wants to restrain secret snooping and create more independent oversight of the secretive FISA Court.
2 Women Filed Sexual Misconduct Complaints Against a Nigerian Immigrant a Day Before He Graduated From Harvard. He Never Got His Diploma.
Following an insider trading conviction and the collapse of his career, Damilare Sonoiki is suing Harvard.
Gabbard v. Clinton
Rep. Tulsi Gabbard is filing a defamation suit against Hillary Clinton
Molly Jong-Fast on Trump's Impeachment, Democratic Candidates, and Why Twitter Is Great
"I don't think you should do Twitter if you think you're better than Twitter."
Tulsi Gabbard Files Defamation Lawsuit Against Hillary Clinton Over 'Russian Asset' Comments
The lawsuit might be good politics, but it's bad for free speech.
Forthcoming Article on "Overturning a Catch-22 in the Knick of Time: Knick v. Township of Scott and the Doctrine of Precedent"
The article explains why the Supreme Court was justified in overruling longstanding precedent in this important recent constitutional property rights case.
