Ban on Guns Near Parks Violates the Second Amendment, Illinois Supreme Court Says
The state's 1,000-foot rule made accidental felons out of people carrying firearms for self-defense.
Civil Liberties
White House Releases Declassified Memo Alleging Bias in FBI Surveillance of Trump Campaign Staffer (UPDATE: Dem Memo Details Leaked)
Nunes report claims Democratic Party-origins of Steele dossier concealed from court.
More on the Secret Speech Restriction in the Barley House Case
Can an American court punish a speaker for his speech, on the theory that he breached an agreement not to speak -- all the while keeping the speech-restrictive agreement secret?
Felons Who Want Their Voting Rights Back Are Getting Unconstitutionally Screwed, Says Judge
The state uses a panel of partisan officials with absolute discretion to determine who gets to vote again
Get Yourself Ready for 'The Memo'—Will It Rock Your World or Put You to Sleep?
Trump has reviewed a document alleging FBI misconduct. It might be released Friday.
New Free Speech History Podcast (First Episode: Ancient Athens)
It's by Jacob Mchangama, and presented by (among others) the Foundation for Individual Rights in Education.
A Non-Terrible District Attorney Wins in Philly
But will he be able to follow through?
Middlebury Activist Who Published List of Alleged Rapists May Have Violated Title IX
"I could really give a f**k about protecting the privacy of abusers."
Neil Gorsuch and Samuel Alito Butt Heads Over the Fourth Amendment, Again
Gorsuch advances another property rights theory of the Fourth Amendment that Alito rejects.
Inserting People into Porn Movies: The First Amendment Textbook Problem (2005)
A prediction comes true, for better or worse ....
This Boring British Cops Clone May Show the Future of American Mass Surveillance
Mass surveillance is up and running on Britain's roads. Will ours be next?
Justifying Surveillance of Carter Page Would Have Been Pretty Easy
The FBI needed probable cause to believe he was an agent of a foreign power, a standard that is not hard to meet.
Poland's Holocaust Bill Is a Hate Speech Ban
The bill's backers say talking about Polish complicity in Nazi genocide is a form of group defamation.
National I.D. By Any Other Name Still Stinks
A patchwork of state-level systems accomplishes what Americans have specifically rejected, and perhaps far more.
Polish Bill Would Outlaw Statements That Accuse Poles of Complicity in Nazi Crimes
More censorship creep in Europe, which already forbids a wide range of claims about history.
Politicians, Media Freak Out Over Elon Musk's Flamethrowers
Just because something looks like a gun doesn't mean it needs to be regulated like one.
Everybody's Talking About 'The Memo' and Ignoring the Surveillance Debate
Partisan posturing drowns out important civil liberties concerns.
Arizona Bar Accuses Libel Lawyers of Suing Fake Defendants
"There is no notary in Fulton County named Amanda Sparks.... The notarization by Amanda Sparks is a forgery.... Connie Hood and Jesse Wood are not real. Connie Hood and Jesse Wood were fabricated in order to obtain a stipulated order of permanent injunction removing criticism of Adam Lynd from the internet.... Howard Marks is not real.... Robert Smith is not real.... Damon Lentz is not real...."
No, Russians Bots Aren't Responsible for #ReleaseTheMemo
But partisan Democrats tried to use a fake news scare to quash it anyway.
Tomi Lahren Thinks Tons of Teens Really Are Eating Tide Pods, Blames Liberals
Parents aren't neglecting to keep their kids safe from laundry detergent. If anything, teens are overprotected.
Trump's Immigration Crackdown Means ICE Will Track Your License Plate Even if You're Not an Immigrant
Think immigration crackdowns don't affect you? You're wrong.
Georgia's Campus Free Speech Bill Protects Some Students' Rights, May Threaten Others
State senator proposes mandatory minimums for repeat First Amendment violators.
NSA Gets Honest About Its Lack of Honesty
The surveillance agency's mission statement is updated to reflect reality: It doesn't answer to you.
Dianne Feinstein Ignores GOP Lawmakers, Blames #ReleaseTheMemo on Russians and Social Media Instead
Any excuse to try to censor the internet
Regulations Prevent Some People from Using Google Arts & Culture's Portrait-Matching Feature
Illinois and Texas think biometric identifiers are a lawsuit waiting to happen.
Government Will Protect Us From Bad Speech? That's the Fakest News of All.
When government officials suppress critics, they do so only to help themselves.
Your Social Media Post Does Not Have To Be Socially Useful
Critics of free speech use the same old arguments on new technologies.
The Limits of Textualism and the Union Agency Fee Case
I'm all for carefully reading the words of the Constitution, and applying the distinctions that it draws -- but we need to make sure we're understanding just what those distinctions are.
Our Largely Non-Libertarian Constitution
Many restrictions on liberty may be unwise and wrong -- but not unconstitutional.
Why There's No First Amendment Problem With Compulsory Union Agency Fees
Will Baude and I have cosigned a new amicus brief on this in Janus v. AFSCME.
D.C. Prosecutors Dismiss 129 Inauguration Day Protest Cases
The government now says it will prosecute only those it can prove committed specific criminal acts.
Meet the Republicans Who Care About Surveillance Abuse Only When Trump's the Target (UPDATE: Trump Signs 702 Bill)
They voted to expand federal snooping. Now they're outraged about how it's used.
The Originalist Case for Jury Nullification
Is there a place in our system for a jury to acquit because the jurors believe the underlying law is unconstitutional?
Contempt Proceedings to Enforce YouTube Personality's Secret Speech-Restrictive Settlement Agreement
The latest twist in the Barley House case -- and my attempt to intervene.
Photographing Someone Being Arrested Doesn't Count as "Stalking"
Because "there is a First Amendment right to videotape police officers while they are conducting their official duties in public," that right applies even over the objections of the people being arrested by the officers.
Jeff Flake Highlights Donald Trump's Rhetorical Kinship With Censorious Autocrats
The crucial difference is not temperamental but institutional.
No First Amendment Right to Display Van as "Lawn Ornament"
And that's so even if the van is red, white, and blue.
Does Jury Nullification Undermine the Rule of Law?
In theory, yes. But not in the world we actually live in, where law enforcement is already rife with numerous discretionary decisions made unavoidable by the fact that we have far too many laws.
What's Missing from John McCain's Criticism of Trump's Media Attacks
McCain and Jeff Flake are right to slam the president's juvenile rhetoric, but questionably blame Trump for global trends while neglecting the press crackdowns of his predecessor.
4th Circuit Approves Imprisonment of Sex Offender Convicted of a Nonexistent Crime
Although his conviction was invalid, the appeals court says, his civil commitment as a "sexually dangerous person" remains legal.
'Fake News' Is Not an Excuse to Regulate the Internet
Both Democrats and Republicans are missing the mark when they call for the government to control the flow of information on the internet.
Prosecute Former Spymaster James Clapper for Lying to Congress Now. Time is Running Out.
The former Director of National Intelligence lied under oath about warrantless NSA spying on American citizens.
18 Senate Dems Who Should Turn in Their '#Resistance' Membership Cards
Sen. Claire McCaskill and her Democratic colleagues had a chance to check the Trump administration's surveillance powers on Tuesday. They failed.
