Civil Liberties
Audio of Federalist Society Teleforum on Whether Enterprises Closed by Coronavirus Shutdown Orders are Entitled to Compensation under the Takings Clause of the Fifth Amendment
I debated Prof. F.E. Guerra-Pujol. Prominent takings lawyer Robert Thomas moderated.
Did COVID-19 Lockdown Orders Help Fuel Riots Nationwide?
Millions of people out of a job and stuck at home for months is a recipe for civil unrest.
Clearing Out Lafayette Park for Trump's Church Photo Op Was Wrong, Even If Cops Didn't Use Tear Gas
The right to peacefully protest is sacrosanct: Government curfews and press conferences are not.
Interesting Public Access Decision as to the R. Kelly / Drea Kelly Divorce Case
"The mere fact a person may suffer embarrassment or damage to his reputation as a result of allegations in a pleading does not justify sealing the court file."
Those Curfews Sure Didn't Work
Plus: George Floyd's death ruled "homicide caused by asphyxia," and more...
What Should We Do If YouTube Censors on Behalf of the Chinese Communist Party?
Technological—not political—solutions will secure true freedom of speech online
Are People Allowed to Use Deadly Force to Defend Property?
It depends, whether as to looting or other threats to property.
"Leave the Community Alone," from the Sheriff of Polk County (Florida)
"The people of Polk County like guns, they have guns."
Protesters Tear-Gassed, Arrested, Buzzed With Military Helicopters During Another Night of Protests in D.C.
Tonight's anti-police protests in the nation's capital saw fewer incidents of fires and vandalism, but also a heavy dose of aggressive police tactics.
Violent Enforcement of Curfews Will Perpetuate the Cycle of Police Violence
The U.S. already has a major problem with overcriminalization.
Trump Urges Governors To 'Dominate' Protestors With More Aggressive Tactics
Meanwhile, Sen. Tom Cotton is asking the military to commit war crimes against American citizens. Trump approves!
Riots May Be Destructive, but Abusive Policing Is Tyranny
"Rioting is a form of tyranny," Tucker Carlson said on his Fox News show. He's wrong.
Australian Court Rules Media Outlets Are Responsible for Facebook Users' Comments
Online censorship is coming, and it’s going to be bad news for everybody.
Videos Show Police Aggression Against Protesters Across the Country. Here Are Two Ways To Help It Stop.
Plus: the return of the "outside agitator" narrative, Trump can't designate Antifa a terror group, and more...
Trump Can't Designate Antifa a Domestic Terrorist Group, and It's a Bad Idea Anyway
The radical left is an occasionally violent nuisance, not an existential threat.
Libel Lawsuit Leads Court to Ban Even True Statements About Plaintiff's "Sex Offender Status"
Fortunately, the Michigan Court of Appeals has just reversed that injunction.
How to Curb Police Abuses - And How Not to
Much can and must be done to curb police brutality. The task is difficult, but far from hopeless. But riots and looting are both wrong in themselves, and likely to have counterproductive results.
D.C. Cops Kept Herding Protesters Into Harm's Way
They still were a lot better-behaved than officers elsewhere.
Police and Rioters Get Violent at Protests in Cities Nationwide
Mayors are imposing curfews and governors are deploying the National Guard in response to anti-police-abuse protests.
Police Unions and the Problem of Police Misconduct (Updated)
The available evidence suggests that police unions are a major obstacle to holding rogue police officers accountable.
Black Civilians Arm Themselves To Protest Racial Violence and Protect Black-Owned Businesses
They're using their Second Amendment rights to protect local businesses from riots and looting.
The Supreme Court Has a Chance To End Qualified Immunity and Prevent Cases Like George Floyd's
The Supreme Court could announce as early as Monday that it's revisiting qualified immunity, a doctrine that shields rotten cops from civil rights lawsuits.
Are the COVID-19 Lockdowns Constitutional?
Several courts have invalidated elements of state shelter-in-place orders. Constitutional law Professor Josh Blackman says that the longer they continue, the less legal they become.
Minnesota Police Arrest CNN Reporters for the Act of Doing Journalism During George Floyd Protests
So much for the First Amendment.
Donald Trump vs. Joe Biden vs. Twitter vs. Facebook
Thank god for the First Amendment and the feuds among powerful politicians and platforms that will keep free speech alive.
Trump's Illegal, Impossible Plan to Teach Twitter a Lesson
Plus: unrest in Minneapolis, Twitter labels Trump tweet, and more...
Court Orders: Stop Tweeting About Your Ex-Friend's Criminal Conviction—Though Tweets Didn't Use the Man's Name
Fortunately, the Florida Court of Appeal reversed the order.
Minneapolis Police Killed George Floyd, Then Failed To Protect Property Owners From Riots
Police departments exist to protect people's persons and property. The Minneapolis Police Department has failed to do either.
Platform Immunity and "Platform Blocking and Screening of Offensive Material"
"Good faith," "otherwise objectionable," and more.
If the Government Bans Viewpoint Discrimination by Social Media Platforms, That Would Also Protect Pro-Terrorist Content
Government action protecting speech must itself be viewpoint-neutral, I think -- and this makes it much less likely that such viewpoint discrimination requirements will indeed be adopted.
Surveillance Bill Yanked After Trump Tweets Veto Threat. Will It Be Changed for Better or Worse?
Weak reforms to the government’s power to secretly snoop on Americans wasn’t enough for the president. What happens next?
Trump's Executive Order on Twitter Is a Total Mess
Plus: the weird new battle lines on warrantless surveillance, more CDC incompetence, Minneapolis on fire, and more…
Edward Snowden, the Surveillance State, and the 'Dark Mirror' Still Watching Us All
National security journalist Barton Gellman talks about "the surveillance-industrial state," the possibility of a Biden presidency or a second Trump term, and his gripping new book.
How Edward Snowden Revealed the 'Dark Mirror' of the Surveillance State
Barton Gellman's new book is a riveting account of exposing NSA excesses to the light of the day.
House May Blow Its Chance To Protect Americans' Browser History From Federal Snooping
Sen. Wyden withdraws support for amendment due to fears it has been weakened too much.
Twitter Fact-Checks Trump. Trump Threatens To Shut Down Twitter.
Plus: Police brutality protest in Minnesota ends in more police brutality, and more...
Amendment Revived to Protect Americans' Internet Search Records From Warrantless Collection
The House will consider a surveillance reform proposal that failed in the Senate by just one vote.
Liberals Have Rediscovered the 10th Amendment's Value During the Coronavirus Pandemic
Will they keep it in mind even if Joe Biden becomes president?
2 Men Arrested for 'Destroying Property' by Doing Donuts in D.A. Candidate's Illegal Rap Video
Plus: Supreme Court considers church reopenings, GOP proposes back-to-work bonuses, Libertarian Party picks 2020 ticket, and more...
"The Question Is Whether Delta [Airlines] Can Bring the Court a Dispute to Adjudicate in Secret"
"The answer to that question is clear."
Sen. Ron Wyden Wants To Stop the Government From Spying on Your Internet Searches
The Wyden-Daines Amendment would've prohibited warrantless monitoring of web activity, but it lost by one vote in the Senate. Will Nancy Pelosi bring it back in the House?
