Welcome to the Busing Election!
What the backward-looking Democratic debate tells us about contemporary education policy and woke politics
Civil Liberties
Purdue Student Expelled for Alleged Sexual Abuse Can Proceed With His Due Process and Sex Discrimination Claims
"Fairness can rarely be obtained by secret, one-sided determination of facts decisive of rights."
The Sinister, Unconstitutional Effort to Ban Secure Encryption Is Back
It’s the ‘90s all over again, and the White House is in no mood to humor tech companies right now.
Rape Claims, Speech Restrictions, and Consent
Noted political publicist Trevor FitzGibbon (who had represented Julian Assange) sues whistleblower lawyer Jesselyn Radack (who had represented Edward Snowden) -- a second time.
Antifa Mob Viciously Assaults Journalist Andy Ngo at Portland Rally
Masked activists attacked the Quillette editor with fists and milkshakes, sending him to the emergency room.
Government Officials So Sorry That Their Own Rules Make Them Leave Kids in Filth
Rules always seem to make officials do terrible things when they don’t want to do what is right.
Facial Recognition Tech Straight Out of 'Robocop' Could Be a Real Threat to Civil Liberties
As governments and law enforcement agencies rush to incorporate facial recognition tech, California lawmakers have a chance to slam on the brakes.
Facing Legal Challenge, Washington Weed Regulators Lift Ban on Cannabusiness Signs at Seattle Hempfest
The state's Liquor and Cannabis Board changed its policy after Hempfest and two marijuana retailers challenged it on constitutional grounds.
A Pregnant Woman in Alabama Was Shot in the Stomach and Miscarried. Now, Alabama Cops Are Charging Her With Manslaughter.
What the hell is going on with this state?
On Gun Control, Democratic Presidential Candidates Offer Nothing but Empty Promises
None of the participants in last night's debate had a credible answer to the question of what should be done about the hundreds of millions of guns that Americans already own.
No, Cory Booker, There Isn't a Study Showing That Licensing Gun Owners Cuts Gun Violence by 40 Percent
A flawed study continues to be repeated as if it proves something about the efficacy of gun permit laws.
Inside Hong Kong's Fight To Keep Chinese Authoritarianism at Bay
Activist and celebrity musician Denise Ho discusses the Hong Kong protests, her 2014 arrest, and the future of Hong Kong's autonomy from China.
First Amendment Limits Media Liability for Inducing Breach of Nondisclosure Agreement -- Now a Precedent in California
The Court of Appeal has ordered that the formerly nonprecedential decision, which I blogged about four weeks ago, will now be precedential.
When the Government Says You're Fake News
Countries across the world tackle political misinformation with authoritarian censorship.
For 2020 Dems, Your Right to an Abortion Doesn't Exist If You Have To Pay for It
And don't even try to pin Elizabeth Warren down on whether the procedure should be legal in the third trimester.
Will Any Democratic Debater Acknowledge Math?
Early debates actually tell us a good deal about where political parties are heading.
Minnesota Supreme Court Holds That Nonmedia Speakers Are Fully Protected by First Amendment
Prior Minnesota precedents had said that some First Amendment protections against defamation liability applied only to media speakers.
The War on Backpage.com Is a War on Sex Workers
The government's latest moral crusade shields traffickers, empowers pimps, and undermines free speech online.
Democrats Reveal Their Hostility to the Second Amendment
Most of the party’s presidential contenders show little or no concern for the right to armed self-defense.
A Social Media Platform Has Banned Support of Trump
It's Ravelry, and it's not just a "knitting site."
Attempt to Vanish Newspaper Articles About Elected School District Trustee Lynette Boggs-Perez
Boggs-Perez is the recently elected trustee of the San-Antonio-area Judson Independent School District, and the requests aimed to deindex columns about her in the Las Vegas Review-Journal and the San Antonio Express-News.
Backers of a Federal Ban on 'Gun Silencers' Claim Only Murderers Use Them
The bill would turn law-abiding gun owners into felons for possessing a product that is almost never used in violent crimes.
What If Widespread Disinformation Is the Solution to Fake News?
It may be time to hire a libel service.
Incensed by Warrantless Border Searches of Americans' Tech Devices? These Senators Have the Cure.
Ron Wyden and Rand Paul team up to stop Border Patrol from snooping in your stuff without good reason.
Sen. Ron Wyden: Conservatives Are 'Totally Wrong' About Political Neutrality Under Section 230
"Section 230 has nothing to do with neutrality. Nothing. Zip. There is absolutely no weight to that argument," Wyden says. He oughta know. He wrote the damn thing.
Fired Harvard Dean Ronald Sullivan: 'Unchecked Emotion Has Replaced Thoughtful Reasoning on Campus'
The celebrated law professor lost his position as faculty dean after students demanded his firing.
The Moral Scolds of the New Illiberal Right Are Coming For Your Internet
From Sohrab Ahmari to Josh Hawley, what the new right really wants is to squelch free expression.
Facebook Posts Lewdly Insulting Elected Official Are Criminally Punishable (at Least If They Relate to a Private Dispute)
Such speech, whether about elected officials or others, is punishable, the court held, if it "[does] not express social or political beliefs or constitute legitimate conduct" and "could only serve to harass, annoy or alarm the complainant."
U.K. Appeals Court Overturns Ruling That Would Have Forced Mentally Disabled Woman To Get Abortion Against Her Will
Justice Natalie Lieven ruled it was in the woman's "best interests" because she has learning disabilities.
Knitting Website Ravelry Bans All Pro-Trump Content
"Support of the Trump administration is undeniably support for white supremacy."
Colorado Supreme Court Upholds a Decision That Forced a Teenager to Register As a Sex Offender for Swapping Nude Selfies
That result "may strike some as unfair," the court says, but it's what state law required at the time.
The Supreme Court Says Your Filthy Trademark Is Protected by the First Amendment
A 6-3 ruling says that the First Amendment protects brand names that are considered “immoral” or “scandalous.”
Facially Viewpoint-Based Statutes Are Unconstitutional Even if They Aren't "Substantially" Overbroad
So the majority held in today's decision about the exclusion of "immoral or scandalous" marks from trademark registration (the FUCT case).
Congress May Not Bar Registration of "Immoral or Scandalous" Trademarks -- But "Vulgar or Profane" Marks, Maybe
The Supreme Court rules that the bar on "immoral or scandalous" marks is viewpoint-based, but Chief Justice Roberts and Justices Breyer, Alito, and Sotomayor say that an exclusion of "vulgar or profane" marks would be viewpoint-neutral though content-based. (The other five Justices express no opinion on a hypothetical "vulgar or profane" mark ban.)
Oberlin Has Been Ordered to Pay $44 Million in a Defamation Lawsuit. The Punishment Doesn't Fit the Crime.
A local bakery accused the college of defamation after students launched a public campaign against the store for racial profiling. Oberlin mounted a free speech defense.
U.S. Government Says Migrant Children Deserve Dirty, Traumatizing Conditions
But isn't this really Obama's fault?
Rhode Island Court Issues Temporary Restraining Order Requiring Blogger to Take Down All Posts About a Person
According to the ACLU of Rhode Island, which is representing the blogger, the order was issued without any adversarial hearing at which the blogger could appear.
Guns Are for Everybody
Like America itself, gun owners are a varied bunch whose politics and experiences don't conform to any narrative.
Supreme Court Overrules Precedent that Created "Catch-22" for Property Owners Attempting to Bring Takings Cases in Federal Court
The close 5-4 ruling is an important victory for constitutional property rights.
Vets Who Use Medical Marijuana Shouldn't Have to Give Up Second Amendment Rights
"I think it’s ridiculous I would have to trade one of my rights," said veteran Joshua Raines.
Activists Want a Problematic Mural of George Washington Destroyed. It Will Cost a High School $600,000.
The artist wanted students to learn about Washington's flaws. How traumatizing.
How Europe Censors What Americans Say Online
Stanford Law professor and former Google attorney Daphne Keller says tech giants are facing pressure from governments worldwide to clamp down on content.
Almost No One Digs Josh Hawley's Internet Censorship Proposal, Thank Goodness
Plus: Immigration officials confirm Trump tweets about new raids, Elizabeth Warren talks sex work decriminalization, and more...
Why We Shouldn't Treat Survivors and Victims as Authorities on Policy Issues
The dispute over Harvard's decision to rescind the admission of Parkland shooting survivor/gun rights activist Kyle Kashuv should remind us of the reasons why we should not have given any special status to his views in the first place. The same goes for most others in similar situations.
Can California Ban Gun Shows From Public Fairgrounds?
A district judge says no, but don't expect the state’s gun-grabbing politicians to give up.
The U.K. Has Banned 'Harmful Gender Stereotypes' in Advertisements
The move is an assault on free speech.
House Votes Down Amash's Attempt To Stop Warrantless FISA Surveillance
Don't blame him for any FISA abuses. He's been fighting it for years.
