Supreme Court Rules, 6–3, That LGBT Workplace Discrimination Violates Civil Rights Act
Justice Neil Gorsuch's majority decision offers a textualist argument for the ruling.
Civil Liberties
Art History Professor Condemned by Stanford Undergraduate Senate
Her crime? Spelling out what the rap group N.W.A. stands for, and quoting one of their lyrics.
"No Official, High or Petty, Can Prescribe What Shall Be Orthodox"
"in politics, nationalism, religion, or other matters of opinion."
Requirement of Licensing and Test for Tour Guides Violates the First Amendment
"An individual's right to speak is implicated when information he or she possesses is subjected to restraints on the way in which the information might be used or disseminated."
The Former Cop Who Killed George Floyd Will Get $50K Annual Pension Even if Convicted of Murder
The family of George Floyd probably won't be able to successfully sue Derek Chauvin in civil court because of qualified immunity, but they will help pay for the killer cop's retirement.
Criminal Justice Divides the 'Conservative' Judiciary
Pundits often speak of the judiciary in terms of liberal or conservative judges issuing liberal or conservative opinions. The reality is far more complicated.
Another Judge Rules That Ohio's COVID-19 Lockdown Is Illegal
The decision says the "unbridled and unfettered consolidation of authority in one unelected official" violates due process and the separation of powers.
A Cop Shot a 10-Year-Old and Got Qualified Immunity. Tom Brady and 1,400 Other Pro Athletes Want To Fix That.
Citing work from Reason, players and coaches from the NFL, NBA, and MLB are urging Congress to end qualified immunity.
Chicago Cops Nap and Snack in the Ruins of Riots
If this is what cities are paying billions for, no wonder people are calling for defunding.
How 2020 Demolished the Case for Gun Control
For those who have been advising Americans for years that we should lay down our own weapons and trust armed government employees, this year has been a massive reality check.
Federal Aircraft Accused of Tracking Protesters
Plus: Breonna’s Law bans no-knock raids in Kentucky, Amazon's third-party problem, new findings on metabolism, and more...
"Vocational Training Is Speech Protected by the First Amendment"
Ninth Circuit allows plaintiffs to challenge California statute that bars students from attending some for-pay trade schools unless the students have a high school diploma, have a GED, or can pass a government-prescribed test.
Both Left and Right Should Stop Blithely Wishing for a New Civil War
All that accomplishes is encouraging us to view our fellow Americans as enemies, to see ourselves as members of warring tribes rather than citizens of a nation.
With 1 Republican Cosponsor, Rep. Justin Amash Gains Tripartisan Support To End Qualified Immunity
Rep. Tom McClintock (R–Calif.) announced he will support the Ending Qualified Immunity Act.
Microsoft and Amazon Adopt Temporary Bans on Police Use of Their Facial Recognition Tech. That's Not Nearly Enough.
Both companies need to join IBM and others in entirely abandoning the development of this mass surveillance technology.
Will the Cops Who Killed Kenneth Chamberlain After Illegally Breaking Into His Apartment Ever Be Held Accountable?
Responding to a medical alert they knew was erroneous, White Plains officers killed the man they supposedly were trying to help.
Cops Who Shot Homeless Man 22 Times While He Lay on the Ground Are Not Protected by Qualified Immunity, Appeals Court Rules
It's a perverse kind of progress, but it's progress all the same.
These Judges Defend Qualified Immunity as 'a Deferential Rule' That Protects the Police
“Officers don’t have the time to pull out law books and analyze the fine points of judicial precedent.”
Prof. Randall Kennedy (Harvard Law) on Accurately Quoting Racial Epithets
"For me, demands for silence, for avoidance, or for bowdlerization will be offered no deference."
Trump's Bump Stock Ban Is Under Fire From His Own Judicial Appointees
This unilateral executive action has been scrutinized by both Supreme Court Justice Neil Gorsuch and U.S. District Judge Brantley Starr.
Senate Republican Police 'Reforms' Won't Touch Qualified Immunity
With Trump opposed too, there's little hope that a serious police reform bill will get through Congress anytime soon.
Seattle Protesters Establish 'Autonomous Zone' Outside Evacuated Police Precinct
Is the Capitol Hill Autonomous Zone a brave experiment in self-government or just flash-in-the-pan activism?
California Ammunition Raids Put Innocent People at Risk of Police Violence
The state boasts of blocking 754 illegal purchases, but it wrongly tagged 101,047 law-abiding people as prohibited. Any of them could have been targeted.
Leaders of 'Rogue Regimes' Have Some Thoughts About Police Brutality in America
Statements by China, Iran, Russia, Venezuela, and North Korea use U.S. violence against protesters and journalists to point out American hypocrisy on the global stage.
Cops Who Allegedly Assaulted and Arrested a Man for Standing Outside His Own House Are Protected by Qualified Immunity
The 6th Circuit Court of Appeals' decision is "a precedent-setting error of exceptional public importance," writes dissenting judge.
Should We Stop Streaming Gone With the Wind?
No, we should interrogate its persistent popularity and our relationship to it as forcefully as possible.
It's Time to End Qualified Immunity for College Administrators, Too
The doctrine lets courts allow public universities to get away with eroding their students’ speech rights.
Maybe Cops Should Be 'Pulling Back'
Abolishing qualified immunity is a crucial step in holding police accountable for violating our rights.
No Routine Sealing of Names of Officers Who Arrested Molotov-Cocktail-Thrower
"Absent some concrete threat to the officers, which has not been suggested here, there is no principled way to discern why this case would justify redactions while others would not."
Does City's Painting of Messages on City Streets Require It to Give Equal Access to Other Messages?
No, if the city endorses the messages as its own.
'Defund the Police' Should Include Federal Cops Too
Federal spending on policing has quadrupled since the 1980s, while state and local spending has increased by about one-third.
Citing Misleading OANN Story, Trump Claims Injured Buffalo Protester Could Be 'ANTIFA Provocateur'
There's no evidence to support the claim that 75-year-old Martin Gugino is part of antifa.
May the Law Ban Calls to Government Offices "Using Indecent Language" "With Intent to Harass or Embarrass"?
With a special cameo appearance by Eric Holder.
The Attorney General's Overblown Fears About Scrapping Qualified Immunity
It's not likely to have the chilling effect he expects. Unfortunately, it might not do as much as criminal justice reformers expect either.
Court Allows Subpoena of Media for Unpublished but Nonconfidential Interview Outtakes
An interesting illustration of the qualified privilege that many courts recognize in such cases.
What 9/11 and the Financial Crisis Teach Us About COVID-19
Sometime in 2021, the American people will be presented with a reorganized and newly empowered federal public health bureaucracy. As time passes, it will grow in size and scope.
What Would It Mean for President Trump to Declare Antifa a "Domestic Terrorist Organization"?
Not much as a legal matter, as best I can tell. [See UPDATE.]
UCLA Poli Sci Department Condemns Lecturer for Reading MLK's Letter from Birmingham Jail, Showing Video About Lynching
UCLA says complaints -- about the fact that both the excerpt read from King's letter and the video included the word "nigger" -- have "been shared with UCLA’s Office of Equity, Diversity and Inclusion for review."
A Lot More Ice Cream Trucks, a Lot Fewer Humvees at D.C.'s Largest Protest Since George Floyd's Death
Saturday afternoon's protests in the nation's capital saw huge crowds, few police, and no violence.
