Civil Liberties

Australian Politician and Trans Activist Bridget Clinch Files "Gender Identity Vilification" Complaint Against Critic

Clinch seeks "an apology," "an undertaking from you not to post anti-trans or vilifying posts in future, and to remove those that are currently on your public Facebook profile," "a further undertaking from you to remove any anti trans and vilifying posts made by other people from your public profile," and "for you to participate in training about vilification, and trans' issues."

Eugene Volokh |The Volokh Conspiracy | 6.15.2018 11:50 AM

Large image on homepages | Tashka2000 / Dreamstime.com

Encryption

Encryption Wars Ramp Up As Apple Improves Phone Security

Law enforcement is upset, but data security is vital to prevent crimes.

Scott Shackford | 6.14.2018 4:50 PM

Gun Rights

Andrew Cuomo Pushes Bill That Would Make It Easy to Take Away People's Gun Rights

New York's governor favors "extreme risk protection orders" that could be obtained by a wide range of people based on little evidence.

Jacob Sullum | 6.14.2018 2:35 PM

Supreme Court

SCOTUS Rules 7-2 Against State Law Banning 'Political' Attire at Polling Places

A big win for First Amendment advocates in Minnesota Voters Alliance v. Mansky.

Damon Root | 6.14.2018 11:55 AM

Free Speech

Ban on "Political" Clothing in Polling Places Is Unconstitutionally "Unreasonable"

But a more precise ban on clothing in polling places (which the Court treats as "nonpublic fora") that mentions candidates, parties, or ballot measures may be constitutional.

Eugene Volokh |The Volokh Conspiracy | 6.14.2018 10:14 AM

Large image on homepages | Institute for Justice

Campaign Finance

Victory in Lawsuit Over Colorado's System of Private Enforcement of Campaign Finance Law

Federal Judge Raymond Moore applies strict scrutiny to a system with the power to restrict political speech and finds it unreasonable to outsource that power to anyone and everyone.

Brian Doherty | 6.13.2018 4:30 PM

Free Speech

Katherine Mangu-Ward and I Podcasting About Crime-Facilitating Speech

My first foray into podcasting here at Reason, a discussion with Reason editor Katherine Mangu-Ward.

Eugene Volokh |The Volokh Conspiracy | 6.13.2018 4:28 PM

Large image on homepages | CHRIS MARTINEZ/LA OPINION/Newscom

Guns

Unable to Ban Guns, Lawmakers Want to Weaponize the ATF Against Gun Dealers

Once again, lawmakers propose to use the regulatory state to punish people they don't like.

J.D. Tuccille | 6.13.2018 2:00 PM

Reason Podcast

When Does Speech About Crimes Become a Crime?: Podcast

A conversation with Eugene Volokh about what's legal to publish and why-plus doxxing, lock picking, source protection, and more.

Katherine Mangu-Ward | 6.13.2018 12:20 PM

Large image on homepages | Public domain

Campus Free Speech

University of Michigan Realizes Facts Don't Care About Your Feelings, Changes Speech Policy

A day after DOJ joined free speech lawsuit, UM agreed to change policy that said "the most important indication of bias is your own feelings."

Robby Soave | 6.12.2018 5:15 PM

Department of Justice

Department of Justice Backs Free Speech Lawsuit Against University of Michigan Bias Response Team

"The United States has a significant interest in the vigilant protection of constitutional freedoms in institutions of higher learning."

Robby Soave | 6.12.2018 10:01 AM

Large image on homepages | M-sur / Dreamstime.com

Internet

The EU's New Privacy Rules Are Already Causing International Headaches

It's not just email spam; GDPR has led companies to shut down access to sites and games.

Andrea O'Sullivan | 6.12.2018 12:01 AM

Large image on homepages | STEPHEN LAM/REUTERS/Newscom

3D Printing

You'll Soon Be Able to Manufacture Anything You Want and Governments Will Be Powerless to Stop It

From DIY guns to designer drugs, classic-car parts, and human livers, 3D printing promises a dynamic and uncontrollable world.

J.D. Tuccille | 6.12.2018 12:00 AM

Harassment

N.Y. Set to Criminalize Much "Verbal" "Abuse" of Under-18-Year-Olds Online

The N.Y. Senate just unanimously passed a bill that would do that.

Eugene Volokh |The Volokh Conspiracy | 6.9.2018 12:20 PM

Free Speech

N.H. Criminal Libel Charges (for Allegedly Libeling Police Chief) Dropped

Eugene Volokh |The Volokh Conspiracy | 6.8.2018 7:07 PM

Free Speech

16-Year-Old Distributed Child Pornography—by Sending Sex Tape of Herself to Friends

So holds the Maryland Court of Special Appeals, affirming a juvenile court finding of responsibility.

Eugene Volokh |The Volokh Conspiracy | 6.8.2018 2:26 PM

Large image on homepages | Sergei Karpukhin/REUTERS/Newscom

Media

Trump Continues Obama's Pursuit of Leakers by Snooping on Media Contacts

Former Senate Intel Committee staffer charged with lying about relationships with reporters covering Carter Page investigation.

Scott Shackford | 6.8.2018 12:28 PM

Supreme Court

Anthony Kennedy Disappointed Everybody in Masterpiece Cakeshop. No Surprise, He's Done It Before.

The mercurial justice lets everybody down, again.

Damon Root | 6.8.2018 10:00 AM

Large image on homepages | Richard Griffin / Dreamstime.com

Brickbats

Brickbat: Not the Sharpest Knife in the Drawer

Charles Oliver | 6.8.2018 4:00 AM

Large image on homepages | Piotr Trojanowski/Dreamstime.com

Video Games

Video Game Company Valve's New Content Policy for Online Store Steam Is Amazing

The company's hands-off, user-centered approach is a model other content platforms would do well to emulate.

Christian Britschgi | 6.7.2018 11:50 AM

Free Speech

You Don't Need a Local Lawyer to Get a Case Unsealed

Each one of us has the right to access court records, so we can just sue pro se (though it helps to know the legal rules).

Eugene Volokh |The Volokh Conspiracy | 6.6.2018 5:47 PM

Free Speech

"What a Company Decides to Put on Their Vehicle Is a Matter of Free Speech and the Market"

A tiny free speech victory.

Eugene Volokh |The Volokh Conspiracy | 6.6.2018 1:26 PM

Twitter

Telling Trump to Stop Blocking Critics on Twitter Doesn't Affect the Platform's Rules

The First Amendment constrains speech regulation by the government, not by private parties.

Jacob Sullum | 6.6.2018 12:30 PM

Takings

Our Amicus Brief in Major Property Rights Case Currently Before the Supreme Court

I coauthored an amicus brief in an important takings case, on behalf of the Cato Institute, The National Federation of Independent Business, and several other organizations.

Ilya Somin |The Volokh Conspiracy | 6.6.2018 10:15 AM

Free Speech

Sealed Case with Sealed Emergency Speech-Restrictive Injunction

How much do you trust judges to make such decisions without public scrutiny?

Eugene Volokh |The Volokh Conspiracy | 6.6.2018 9:20 AM

Large image on homepages | Friso Gentsch/dpa/picture-alliance/Newscom

Edward Snowden

5 Years After Snowden, Has Anything Changed?

The government still snoops on its own citizens, but we're more aware of it-and we can push back.

Scott Shackford | 6.6.2018 8:30 AM

Libel

Criminal Libel Laws Are Constitutional If They're Limited to Deliberate Lies

There's a New Hampshire prosecution for criminal libel of a police chief -- and it may well be legally viable, at least if the defendant's statement is seen as a knowingly false factual claim. [UPDATE, June 8, 2018: Charges have now been dropped.]

Eugene Volokh |The Volokh Conspiracy | 6.6.2018 8:02 AM

Gay Marriage

SCOTUS May Yet Approve Gay Wedding Cake Demands

Despite its ruling in favor of a Colorado baker, the Court remains hostile to religious exemptions from anti-discrimination laws.

Jacob Sullum | 6.6.2018 12:01 AM

Free Speech

President Trump Apparently Unblocking Twitter Critics, Even While Appealing the Decision

The court decision was just a declaratory judgment, and thus not strictly legally binding.

Eugene Volokh |The Volokh Conspiracy | 6.5.2018 10:58 AM

Large image on homepages | Zim235 / Dreamstime.com

Brickbats

Brickbat: Well, Shoot

Charles Oliver | 6.5.2018 4:00 AM

Free Speech

First Amendment and Off-the-Job Political Speech Criticizing Black Lives Matter Movement and "Thugs"

An interesting opinion from three Georgia Supreme Court Justices.

Eugene Volokh |The Volokh Conspiracy | 6.4.2018 9:10 PM

Large image on homepages | Javier Rojas/ZUMA Press/Newscom

Campus Free Speech

After Stanford's Niall Ferguson Controversy, Free Speech Conservatives Need to Practice What They Preach

"Slowly, we will continue to crush the Left's will to resist, as they will crack under pressure."

Robby Soave | 6.4.2018 6:20 PM

Libel

Candidate for Oklahoma Legislature Sues Over Sealed Mystery Libel

A libel lawsuit in which the alleged libel is sealed is like Hamlet without the Prince -- or maybe like Othello with Iago's slanders redacted.

Eugene Volokh |The Volokh Conspiracy | 6.4.2018 6:04 PM

Free Speech

What Does the Masterpiece Cakeshop Decision Say About the Free Speech Claim?

Four Justices opined on this issue, with Justices Thomas and Gorsuch saying that requiring bakers to make cakes for same-sex weddings is an unconstitutional speech compulsion, and Justices Ginsburg and Sotomayor saying the opposite.

Eugene Volokh |The Volokh Conspiracy | 6.4.2018 4:52 PM

Large image on homepages | Ivonne Wierink | Dreamstime.com

Gay Marriage

Supreme Court Rules for Baker in Gay Wedding Cake Case But Carefully Avoids Central Debate

This 7-2 ruling is more about Colorado's biased enforcement of discrimination law than freedom of expression.

Scott Shackford | 6.4.2018 11:55 AM

Volokh Conspiracy

The Masterpiece Cakeshop Decision Leaves Almost All the Big Questions Unresolved

Eugene Volokh |The Volokh Conspiracy | 6.4.2018 10:49 AM

Volokh Conspiracy

Chelsea Manning Loses Wikileaks First Amendment Appeal

"[A] soldier who willfully communicates information relating to the national defense 'is not entitled to invoke the First Amendment as a shield to immunize his act of thievery.'"

Eugene Volokh |The Volokh Conspiracy | 6.1.2018 5:17 PM

Volokh Conspiracy

Minister Has Sex with Married Parishioner—Can Church Be Liable for Saying the Parishioner Committed Adultery?

No, says the Iowa Supreme Court, rejecting the claim that such statements (labeled "counterculture practices" by the plaintiffs) were libelous or negligent.

Eugene Volokh |The Volokh Conspiracy | 6.1.2018 11:23 AM

Planned Parenthood

Trump Wants to Control Planned Parenthood, Not Defund It

His sneak attack on the reproductive rights of women.

Shikha Dalmia | 6.1.2018 11:01 AM

Large image on homepages | SMG/ZUMA Press/Newscom

Ivanka Trump

Samantha Bee Apologizes for Insulting Ivanka Trump After Right and Left Play 'We're Offended' Tit-for-Tat

Conservatives want to hold the left to the Roseanne standard.

Robby Soave | 5.31.2018 5:35 PM

The Fifth Column

How the Right Abandoned Free Speech in Europe

The center-right Danish government, whose members defended the Mohammed cartoons, has passed more laws restricting free speech than any government since World War II, says free-speech podcaster Jacob Mchangama.

Matt Welch | 5.31.2018 5:19 PM

Volokh Conspiracy

Liberty Comes to Liberty High School—"Trump Border Wall" T-Shirt Allowed

But it took a federal court order.

Eugene Volokh |The Volokh Conspiracy | 5.31.2018 12:30 PM

Reasontv

YouTube Won't Host Our Homemade Gun Video. So We Posted It on PornHub Instead.

Our video is awesome. But nothing in the First Amendment says YouTube has to run it.

Katherine Mangu-Ward, Todd Krainin, and Jim Epstein | 5.31.2018 10:50 AM

Large image on homepages | Liberty Justice Center

Mark Janus

Mark Janus Doesn't Want to Join a Union

Nick Gillespie | 5.31.2018 6:30 AM

Large image on homepages | Silver Screen Collection/Getty

Jury Nullification

How to Get on a Jury

What you do once you're there is up to you.

Mark Bennett | 5.31.2018 12:00 AM

Large image on homepages | Joanna Andreasson

Freedom

When You're Done Reading This Issue of Reason, You Might Want to Burn It

We offer how-tos, personal stories, and guides for all kinds of activities that can and do happen right at the borders of legally permissible behavior.

Katherine Mangu-Ward | 5.31.2018 12:00 AM

Reasontv