Divided Appeals Panel Slaps Federal Judge for Allowing Jury Nullification Defense
Jurors remain free to exercise judgment and mercy in a criminal justice system that often lacks both.
Civil Liberties
The Broader Meaning of the Trad-Cons' New War on Porn
They probably won't succeed in criminalizing Pornhub, but manifesto-wielding conservatives are trying to reshape the GOP into a movement against individualism.
Fiscal Analysis of Colorado's New 'Red Flag' Law Assumes Gun Confiscation Orders Will Be Granted 95% of the Time
Such a high approval rate reflects the threat these laws pose to due process and the Second Amendment.
Leftist YouTuber ContraPoints Explains Why Cancel Culture Mobs Should Drop the Pitchforks
"I have no faith left in call-out vigilante justice."
Although Cannabis Consumers Who Own Firearms Are Federal Felons, Illinois Says They Can Keep Their Guns
The Illinois State Police confirms that people who try newly legal marijuana are not considered "unlawful users" of narcotics.
"Essentially, [the City] Defendants Request That the Court Resolve This Case Entirely in Secret"
No dice, says the District Court.
A 'Good Guy With a Gun' Prevented a Texas Church Shooting From Becoming a Massacre
Two victims were killed at a church shooting in White Settlement, Texas. It would have been much worse had some parishioners not been armed.
The 2010s: When the Media Lost Their Gatekeepers
Media theorist Marshall McLuhan's work best explains how the world changed in the 2010s—and what we can expect in the decade ahead.
Retired Law Professor Sues Lawyer-Commenters on Law Blog
A company had a trademark canceled in a Trademark Trial & Appeal Board proceeding, based on what the Board described as the company's "delaying tactics, including the willful disregard of Board orders." The TTABlog posted about it, and some commenters criticized the company's lawyer, Ohio State Prof. Charles L. (Lee) Thomason—so he is suing them for libel.
Requiring Psychotherapists to Report Patients' Child Porn Use May Violate Constitutional Right to Privacy
So concludes the California Supreme Court (by a 4-3 vote), applying the California Constitution; it remands for further fact-finding on the law's practical costs and benefits.
Arizona Court Reverses Expulsion of ASU Student for Threesome with Allegedly Too-Drunk Classmate
"Other statements by Complainant ... along with undisputed other evidence, entirely disprove her bare assertions that she was incapacitated."
A Christmas Miracle: Washington Court Overturns Marijuana Sign Rules That Banned String Lights Spelling 'Pot'
A judge concluded that the restrictions violate the state constitution's free speech guarantee.
The Case for Creating "Constitutional Small Claims Courts"
Clark Neily's excellent proposal for addressing small, but troubling politice violations of constitutional rights.
First Amendment Doesn't Protect a Right to Smoke
Just in case you had any doubts about that.
No "Possess[ing]" "Copyrighted Material" When on Supervised Release
Now that's being tough on crime.
Libertarianism and Abortion: A Debate
Walter Block and Kerry Baldwin debate whether women should have the legal right to terminate their pregnancies.
Democrats Still Fundraising Off Citizens United, Still Wrong About What It Means
Plus: Christianity Today rejects Trump, retirement savings restrictions loosened, Nigerian sex work decriminalized, and more...
When Does the First Amendment Preempt Negligence Liability?
More on Doe v. Mckesson, the Baton Rouge Black Lives Matter case.
What's the Correct Libertarian Position on Abortion? A Soho Forum Debate
Walter Block and Kerry Baldwin debate whether pregnant women should have the legal right to evict a fetus.
Negligence Claims Brought Against Protest Organizers: More on the Tort Law Side of Doe v. Mckesson,
the Baton Rouge Black Lives Matter case (in which Judge Don Willett has just switched to dissenting, and in which a cert. petition has been filed with the U.S. Supreme Court).
The Weird Litigation Posture of the Doe v. Mckesson / Baton Rouge Black Lives Matter Protest Case
The case, in which Judge Don Willett has just switched to dissenting, should be an easy win for DeRay Mckesson—but on a theory that hadn't been asserted in court.
Elizabeth Warren Wants To Tax Lobbying
Her lobbying tax proposal is pseudo-policy, a veneer of wonky seriousness over dubious populist dogma.
Forged Court Order Used to Try to Vanish Online Magazine Article About L.A. Businessman
"Steve Farzam, chief operating officer of the Shore Hotel [in Santa Monica], ... [has] been charged with counterfeiting a Los Angeles County Superior Court seal."
The Feds Get Permission To Seize Edward Snowden's Book Profits
A judge rules whistleblower’s failure to subject Permanent Record to pre-publication review violates non-disclosure agreement.
Court Rules Federal Government Flooding of Homes During Hurricane Harvey is a Taking
The decision is significant in itself and has important implications for other cases where the government deliberately damages private property in the process of coping with natural disasters.
The FISA Court Wants Answers About the Problems with FBI's Carter Page Warrants
Judge demands to know what the agency will do prevent future “omissions” in the applications.
This Bicycle Registration Law Gives Police Yet Another Excuse To Punish Insufficiently Meek Citizens
A Montgomery County, Maryland, ordinance authorizes impoundment and misdemeanor charges for cyclists who lack the requisite sticker.
Can Jack Dorsey Reinvent the Internet by Making Twitter More Like Email?
The case for a technical free speech fix
Are California's New Data Privacy Controls Even Legal?
A new paper raises constitutional questions about expansive state-level regulations that reach beyond their borders.
If You Think Encryption Back Doors Won't Be Abused, You May Be a Member of Congress
In the middle of a scandal over FISA surveillance, leaders want still more power to snoop on your secret stuff.
It's Pretty Unlikely the Cadets Were Flashing a White Power Hand Symbol at the Army-Navy Game
This latest social media freakout has prompted a formal military investigation.
Was This the Decade We Hit Peak Free Speech?
Speech was more varied and vibrant than ever before—and then the backlash began.
En Banc Sixth Circuit to Consider Ohio Down Syndrome Abortion Ban
Ohio prohibits doctors from performing abortions if Down Syndrome is the reason. Does such a law impose an "undue burden" on the abortion right?
It's Bill of Rights Day. Do Americans Still Care?
The greatest threat to protections for our freedom may be people's fear that people who disagree with them are exercising their rights.
Right To Be Forgotten
Sharyn Rothstein's sharp new play is a smart and timely look at how to balance free speech and privacy in a wired age.
Trump's Order Aimed at Fighting Anti-Semitism Is Constitutionally Problematic, but It's Not Anti-Semitic
Erroneous reporting set off a bizarre backlash that obscured the real problem.
National Security Surveillance Apologists Are Starting to See the Light
Privacy advocates have long warned about potential abuses. Will the mishandling of the Carter Page investigation change some minds?
More on Seattle Public Library "Considering" Whether to Cancel Meeting of Trans-Skeptical Feminist Group
The ACLU of Washington speaks out.
High School Cancels Tarzan Musical Because Parents Said It's Racist
"I think if we decide we’re just going to immediately hair-trigger cancel anything that might make anyone uncomfortable, we’re missing a chance to teach.”
Iraqi Protests Are Yet Another Reason To End U.S. Intervention
America's exit from Iraq could benefit both Iraqis and Americans.
Seattle Public Library "Considering" Whether to Cancel Meeting of Trans-Skeptical Feminist Group
But any such cancellation would violate the First Amendment, because it would involve viewpoint discrimination in a place opened by the government to private speech.
The FBI Will Be Audited To See How Frequently They Screw Up Other FISA Warrants
Was what happened with Carter Page an anomaly or does the agency regularly leave out important information?
