Two Lawyers Walk Into an 'Anarchistic Jurisdiction'
Perspectives on the proposed federal classification of Portland and other cities in crisis.
Civil Liberties
Gun Control Puts Your Life at Risk
In the 20th century, far more people were murdered by genocidal governments than by armed criminals.
USC Faculty Reaction to the Great USC Chinese Homonym Panic
"Scathing comments" from an anonymous faculty survey (reported by the Chronicle of Higher Education), plus an article in the Atlantic. You can't buy publicity like that, as they say, or faculty morale like that.
SCOTUS Contender Amy Coney Barrett's Mixed Record in Criminal Cases
While the 7th Circuit judge is often skeptical of the government's position, some of her conclusions will give pause to civil libertarians.
The Justice Department Sees 'Anarchy' Overtaking New York City. If Only That Were Remotely True.
The Big Apple is practically a black hole of overpolicing and regulation.
The Death of Ruth Bader Ginsburg and the Future of the Supreme Court
What's next for SCOTUS?
Ruth Bader Ginsburg, RIP
The passing of a feminist heroine, and a giant of American jurisprudence.
Petition to "Impose Further Disciplinary Actions" on University Students for TikTok Singalong
The students are at Florida International University, "Miami's first and only public research university."
Video Game Developers Have First Amendment Right to Base Characters in Part on Real People
So the Third Circuit held yesterday.
Trump Administration Formally Bans TikTok, WeChat Apps From Online Stores in U.S.
There’s nothing good about censoring communication platforms citizens want to use.
Court Rejects Columbus Dispatch's Argument in Favor of Sealing
Newspapers often argue against the sealing of court records; here the newspaper argued in favor.
Japan's Supreme Court Legalizes Non-Medical Tattooing
Before, tattoos could apparently be done only by M.D.s.
Surveying the Federal Government's Kafkaesque System of Legalized Larceny, the 5th Circuit Sees No Due Process Problem
Gerardo Serrano, whose truck was seized over five forgotten handgun rounds, waited two years for a hearing he never actually got.
Creating a Version of a Work Solely for "Artistic Experimentation and to Seek License Approval from the Copyright Holder" = Fair Use
So holds Judge Virginia A. Phillips (C.D. Cal.) in Tracy Chapman's lawsuit against Nicki Minaj.
In 2020, We Have Forgotten How To Leave People Alone
Shopping at Target. Dining outdoors. No activity these days is too mundane for protesters to shout at you for it.
Trump May Tank TikTok Deal With Oracle Because Government Doesn't Get a Cut
Plus: Bill Barr has lost his mind, Salt Lake City officer who ordered dog to bite black man charged, and more...
Judge Upholds Pseudonymity of Cincinnati Police Officer Who Is Suing His Critics for Libel
The question remains pending before the Ohio Court of Appeals.
Attorney General Bill Barr Encourages Federal Prosecutors To Charge Violent Protesters With Sedition
The Wall Street Journal reports that Barr told prosecutors to pursue federal charges, including sedition charges, whenever possible.
Virginia Democrats Declined To End Qualified Immunity. Police Unions Are Alive and Well.
Another example of how powerful the law enforcement lobby is
New FCC Nominee Has Already Been Helping Trump Try To Censor Social Media
Plus: America's global prestige continues to drop, marijuana law enforcement is still racist, Wisconsin and Minnesota voters prefer Biden, and more...
The Justice Department's Investigation of John Bolton Seems Like a Witch Hunt
The Trump administration should discredit the former national security adviser's ideas, not subject him to a retaliatory investigation.
Cuties and Its Critics Both Decry the Sexualization of Children
That point seems to have escaped many people who have not actually watched the controversial film, some of whom think it should banned.
Court OKs Deportation of Hundreds of Thousands of Immigrants, Another Says Homeland Security's Head Might Have No Legal Authority
Plus: Trump threatens Iran, Pennsylvania pandemic restrictions are unconstitutional, sex workers call out Kamala Harris, and more...
"Due Process in a Fee Driven State"
A very interesting law review article from Profs. Glenn Harlan Reynolds (Instapundit) & Penny White.
Federal Court Holds Pennsylvania's Shutdown Order Unconstitutional: Limits on Public Gatherings
It also strikes down the stay-at-home order and business closings, but I'll discuss that in separate posts.
Contrary to What Ted Cruz Thinks, Prepubescent Twerking Does Not Make Cuties Illegal
The federal definition of child pornography does not encompass risqué dancing by clothed 11-year-olds.
The Julian Assange Case Threatens All Journalists Who Scrutinize Government Conduct
U.S. officials claim their espionage laws apply to the world, but constitutional protections do not.
The Messy TikTok Sale Is What Happens When Governments Get Involved in Social Media
Plus: More red states may get legal weed, antitrust action against Google expected this week, the Cuties controversy, and more...
Why Hong Kong's Protests Turned Violent
The escalation is part of a strategy to unmask China's abuses before the world.
Libel Lawsuits Against Federal Government Officials (E.g., Senator Warren or President Trump)
Under the Westfall Act, the Justice Department can generally take over the defense of many such cases—and then get them dismissed.
The NFL Is Back. So Is the National Anthem Controversy. And Now There Are Two Anthems.
American society is grappling with complex, nuanced issues connected to race and political power. If we have to filter that debate through the binary of choosing to stand or sit for a national anthem, we'll never get much resolved.Â
COVID-19 Outbreak and Death Result of ICE Agents Using Immigrants To Mobilize in George Floyd Protests
A preventable coronavirus outbreak and death occurred after ICE used immigrant transfers as an excuse to fly to D.C.
Why Violent Protests Backfire
Martin Luther King explained why they are "socially destructive and self-defeating."
Rule 11 Sanctions in "Quackwatch" Libel Case
Plaintiffs claimed that defendants had libeled them to foreign officials—but didn't have enough evidence that the defendants had actually said anything to those officials.
The COVID-19 Pandemic Keeps Proving Deadly to Liberty
As the pandemic rages on, nominally free countries are sliding down a path blazed by authoritarian regimes.
There Is No Defense for Looting
It is one thing to peacefully march against injustice, and quite another to burn down what others built up.
Massachusetts Abandons Its Puzzling Public Health Distinction Between Casinos and Video Arcades
A week after being sued over his arbitrary COVID-19 policy, Gov. Charlie Baker says he will allow arcades to reopen.
SCOTUS Contender James Ho Combines Respect for Free Speech and Gun Rights With a Troubling Deference to Cops
The 5th Circuit judge is a mixed bag from a libertarian perspective.
China's Dark Turn
A country that was once making strides toward freedom slides further into oppression and authoritarianism.
Are Video Arcades More Dangerous Than Casinos During a Pandemic?
A federal lawsuit argues that the distinction drawn by Massachusetts is unconstitutional.
Disney Thanks Chinese Labor Camp Authorities in Mulan Credits
Plus: California is burning because of a "gender reveal" party, Irish brothel law backfires, and more...
