Civil Liberties
Comedian Ordered Not to Post Anything "That Would Suggest to Prospective Employers That They Should Not Hire … or Book" Her Comedian Ex
The California Court of Appeal reversed, in an interesting case about allegations of physical abuse—and claims that the allegations were themselves a form of "abuse."
Don't Expect Millions To Die From Coronavirus, Says Richard Epstein
The NYU Law professor thinks we're in for a mess of bad epidemiology, ineffective stimulus, and misguided quarantines.
Will Aggressive COVID-19 Control Measures Cost More Than They Are Worth?
Politicians seem to be proceeding on the dangerous assumption that cost-effectiveness does not matter.
Why I'm Not (Yet?) Much Worried About the Civil Liberties Restrictions Flowing from the Coronavirus Response
The restrictions are less dangerous precisely because they are so broad and onerous.
Federal Lawsuit Against Pro-Palestinian / Anti-Semitic Protesters Outside Synagogue
The plaintiffs are claiming, among other things, "group libel."
The EARN IT Act Is the New FOSTA
The new bill takes aim at internet freedom and privacy under the pretense of saving kids.
COVID-19 Reminds Us: Social Media Is Good, Actually
Will coronavirus help rehabilitate tech's rep?
Adjudication Outside Article III (part one)
Why there are no "exceptions" to Article III
Ross Douthat: 'When They Take the Porn, You Can Curse My Name'
New York Times columnist and Decadent Society author defends prohibitionism in a conversation on The Fifth Column.
Champaign (Ill.) Emergency Order Doesn't Ban Guns, But Does Authorize (Likely Unconstitutional) Emergency Gun Bans
The order activates a pre-existing ordinance, which authorizes a wide range of actions, including curfews, alcohol sales, gun sales, property seizures, and more.
China Bans Pandemic Video Game From App Store and Steam
Plague Inc. simulates the spread of coronavirus.
Sealing Court Filings Drawn from Discovery Requires More Than Just General Assertions of Confidentiality
A case decided Monday reaffirms this principle, especially in the Seventh Circuit.
Over Objections From Privacy Advocates, Tame Surveillance Bill Sails Through the House
Some Republican senators are working hard to get Trump behind stronger fixes.
Accusations of Trying to "Hit on Underage Girls" Aren't Defamatory Without Proof of Actual Damage,
at least under the Illinois "innocent construction" rule, under which "a nondefamatory interpretation must be adopted if it is reasonable"—"a reasonable reading of Lorenz's article is that although Wedgewood communicated with underage girls, he never meant to take things further."
Do You Have a First Amendment Right to a Slayer-Themed License Plate?
A new lawsuit is challenging the California DMV's rejection of allegedly offensive personalized license plates.
Would Italian-Style Lockdowns to Curtail the Spread of Coronavirus Pass Legal Muster in the U.S.?
The extent of state and federal quarantine powers is surprisingly unsettled.
A Compromise Bill on Domestic Surveillance Reform Aims to Do Just Enough to Shut Trump Up
Privacy activists on the left and the right decry a limp set of proposed changes to the USA Freedom Act.
Can Law Ban False Reporting About Coronavirus?
Probably, if it's limited to knowing falsehoods (or perhaps statements where the speaker knows they are probably false).
Rocker Nick Cave Defends Old Songs From 'Perpetually Pissed Off Coterie of Pearl-Clutchers'
"I would rather be remembered for writing something that was...offensive, than to be forgotten for writing something bloodless."
The Bloomberg and Steyer Fiascoes Should Give Pause to Speech Restrictionists
No amount of money can buy victory for candidates who fail to persuade voters.
Biden Likens Owning an AR-15 to Falsely Shouting Fire in a Crowded Theater
The presidential contender has trouble explaining why the guns he wants to ban fall outside the Second Amendment.
New Jersey Security Guard Arrested for Gun He Has Permit to Carry
When it comes to guns, pretty much nothing is legal in New Jersey, according to their police.
Manhattan Federal Court Coronavirus-Related Restrictions
In light of this, should the presumptive First Amendment right of access to court cases require the court to provide video coverage of hearings?
Will We See Real Surveillance Reform This Week?
The USA Freedom Act is about to sunset. Who will decide how and if it will be changed?
Senators Push Sneaky Anti-Privacy Bill
The EARN IT is an attack on encryption masquerading as a blow against underage porn.
Would a Ban on Handshaking Be Constitutional?
Not that I'm suggesting it, but it's an interesting con law hypo.
Criminal Libel Conviction for Anti-Nixon Cartoon
An interesting 1969 case (based on a publication right after the 1968 election), reversed on appeal in 1974; thanks to Jacob Gershman (Wall St. J.) for letting me know about it.
The Trump Campaign Sues Another Newspaper
Plus: Judge rejects Gabbard's Google lawsuit, Bloomberg drops out, and more...
She Said He Said He Saw Demons. Then He Had to Give Up His Guns.
A bizarre Florida “red flag” case shows the importance of safeguards that protect people’s Second Amendment rights.
No, Google Didn't Violate Tulsi Gabbard's First Amendment Rights, Federal Judge Rules
"Google is not now, nor (to the Court's knowledge) has it ever been, an arm of the United States government," wrote District Judge Stephen Wilson.
More on Steve Farzam, L.A. Businessman Accused of Using Forged Court Order …
to try to vanish online magazine article about him.
Cops Arrested and Handcuffed a 10-Year-Old Boy for Pointing a Toy Gun at a Car
"I was, at the time, very scared."
Husband of Embattled Los Angeles D.A. Pulls Gun on Protesters at Their Door
District Attorney Jackie Lacey faces re-election today against a tough field calling for more criminal justice reforms.
Brett Kimberlin (Speedway Bomber) Loses Attempt to Vacate Long-Past Convictions
Kimberlin is also known for having accused Dan Quayle of having bought marijuana from him, and has since become a frequent litigant, including against bloggers Patrick Frey (Patterico), Aaron Walker, and others.
SCOTUS Denies Certiorari in Bump Stock Case (But Justice Gorsuch Blasts Lower Court's Reasoning)
A high-profile gun case actually presents meaty questions of administrative law
Are Quarantines a Proportionate Response to the Coronavirus?
While the use of force can be justified to curtail the spread of communicable diseases, the threat has to be weighed against the burdens on potential carriers.
Gorsuch Throws Shade at Trump Administration for Rewriting Federal Gun Laws Without Congressional Approval
“Why should courts, charged with the independent and neutral interpretation of the laws Congress has enacted, defer to such bureaucratic pirouetting?”
"Once the Cat Is Out of the Bag, the Ball Game Is Over"
It's often very hard to get court filings retroactively sealed.
Interesting Official Privilege Case,
stemming from a dispute about picketing and open carry.
After He Found California's Indefinite Detention of Sex Offenders Wasn't Working, the State Shut Him Down and Destroyed His Research
Psychologist Jesus Padilla was forbidden to complete research that could have set many indefinitely committed people free. He died with the work unfinished.
'Conservatives Will Cease To Exist Online': CPAC Speakers Fret About the Tech Bogeyman
Some panelists at the conservative conference want to give the government more power over social media.
