Civil Liberties
Right of Access to Court Hearings During Epidemics
Court hearings may be physically closed to the public for health reasons, if the public can watch them via video.
$1M+ Award for Law Professor Libeled by Ex-Girlfriend's Rape Accusation
"The Court's belief in the veracity of Wright's testimony dwindled while the trial progressed, as evidence of her inconsistent and questionable conduct was revealed piece by piece.... She lied about her advanced degrees. She signed e-mails as Dr. Wright when she is not a doctor. Her testimony and medical records conflicted time and time again ...."
Why Did Arizona Democrats Kill a Bill Protecting Citizens From Police Overreach?
It’s all about the revenue. Civil forfeiture brings in money, and lawmakers are more worried about their budgets than residents’ due process and property rights.
A Huge Blow to Hongkongers' Freedoms
New legislation proposed in Beijing signals the likely end of the "one country, two systems" policy that has allowed Hong Kong to flourish.
Requiring Creation of Computer Code Doesn't Violate the First Amendment
Seems right to me, at least as a general matter.
Joe Biden's 'Bold' Thinking Shredded Civil Liberties and Destroyed Lives
On crime, drugs, immigration, and foreign policy, his 44-year policy record is a cautionary tale of bipartisanship in response to perceived crises.
Judge to FBI: You Should've Gotten a Warrant Before Turning On That Phone
Plus: Virginia decriminalizes marijuana, it's not Trump's call whether we close the country again, and more…
N.C. Trial Court Holds Preliminary Injunctions Against Alleged Libel Are Unconstitutional
But permanent injunctions after a full trial on the merits might be a different story.
That Time the Libertarian Party Debated the Private Ownership of Nuclear Weapons
Friday A/V Club: Great moments from the C-SPAN archive
Do Tattoo Shops Have a First Amendment Right To Remain Open During a Pandemic?
The idea is not so far-fetched.
Ohio Judge Deems the State's COVID-19 Lockdown 'Arbitrary, Unreasonable, and Oppressive'
The ruling says the state's top health official exceeded her statutory authority by ordering "nonessential" businesses to close.
Justice Department Warns California Not To Leave Churches Behind in Its Reopening Plans
Allowing schools and malls to reopen, but not places of worship, would raise civil rights issues
A Pandemic Does Not Suspend the Rule of Law
Courts are beginning to recognize that public health powers, while broad, are not a blank check.
Two Cops Were Given Qualified Immunity After Allegedly Stealing $225,000. SCOTUS Won't Hear the Case.
But the high court may consider other cases that could overturn the outrageous legal doctrine.
Supreme Court Won't Hear Suit Saying Facebook Helped With Hamas Attack
Hamas "used and relied on" Facebook "as among its most important tools to facilitate and carry out its terrorist activity," the plaintiffs claimed.
Justice Department Attempts To Blame Encryption for Terrorist Attack Feds Failed To See Coming
The FBI and attorney general want to ruin everybody's data security and draft Apple into compromising your safety.
The Michael Flynn Unmasking Fight Is Another Chance for More Transparency About Secret Government Surveillance
People insisted the wiretapping of Carter Page was perfectly normal. That turned out to be wrong.
COVID-19 Contact Tracers or Cootie Cops?
Tracing where people have been and who they’ve met can be effective for battling disease. But, oh boy, does it lend itself to abuse.
Wisconsin Supreme Court Says the State's COVID-19 Lockdown Violated the Rule of Law and the Separation of Powers
A seemingly arcane dispute about administrative law has profound implications for the limits of public health authority.
Senate Renews FBI Surveillance Powers With Modest Reforms
An effort by Sen. Rand Paul to forbid warrantless investigation of citizens was soundly defeated.
Tennessee May Finally Reform Draconian Drug-Free School Zone Laws
Too often, minor drug crimes turn into mandatory minimum offenses with lengthy sentences despite the fact these types of cases rarely involve drug dealing to minors.
Senate Votes Down Protections Against Warrantless Government Collection of Americans' Browser and Search History
The amendment lost by one vote. Absent from today's vote? Sen. Bernie Sanders.
Court in Devin Nunes Libel Lawsuit: "The Tedious and Laborious Exercise …
of dissecting each of the sixteen bullet points illustrates the deficiency of plaintiffs’ complaint."
Will SCOTUS Revoke Its License for Police Abuse?
This week the justices are considering 13 petitions involving the pernicious doctrine of qualified immunity.
Lockdown Lawsuits Ask How Long a Public Health Emergency Can Last
An Illinois resident obtained a TRO by citing a 30-day limit, while a New Hampshire hair salon owner says the goal of her state's lockdown has been achieved.
Sen. Mitch McConnell Looks To Undermine Efforts to Protect Americans From Secret FBI Surveillance
An amendment to a FISA renewal bill would let the FBI snoop on your online browser history.
How Fashion Designers Are Thwarting Facial Recognition Surveillance
Privacy activists say we should be alarmed by the rise of automated facial recognition surveillance. Transhumanist Zoltan Istvan says it's time to embrace the end of privacy as we know it.
How Supreme Court Doctrine Protects Cops Who Kill (or Otherwise Use Excessive Force)
A Reuters report suggests changes in qualified immunity doctrine have immunized police officers sued for misconduct.
Prager University and Tulsi Gabbard Lose Censorship Suits Against Google
Forcing Google to behave like a public utility would probably not serve the interests of those demanding that designation—or the rest of us.
Did Louisiana Enact a Bogus Health Law as a Pretext for Banning Abortion?
The Supreme Court will consider the constitutionality of a Louisiana law that requires physicians who perform abortions to have admitting privileges at local hospitals.
Anti-Porn Groups Target Websites' Ability to Accept Credit Card Payments
We've seen this before...
Courts Grant Qualified Immunity to Cops in More Than Half of Cases When Invoked
A Reuters investigation reveals courts "growing tendency" to grant cops immunity from civil rights lawsuits.
We Need Economists, Civil Libertarians, and Epidemiologists in the COVID-19 Discussion
The tradeoffs among considerations of health, prosperity, and liberty are catching up with us even if we don't want to acknowledge them.
Court Strikes Down Injunction Banning Divorcing Parents from Disparaging Each Other
An important decision from the Massachusetts high court.
FISA Surveillance and Possible Reforms Are Back on the Senate's Agenda
The USA Freedom Act expired in March. Some senators are pushing for better privacy protections before the renewal vote.
Supreme Court Can Put a Stop to Rule Compelling Anti-Prostitution Speech From Anti-HIV/AIDS Groups
The anti-prostitution pledge is unconstitutional when applied to U.S. nonprofits. But the feds say it's still OK to compel speech from these groups' foreign affiliates.
Biden Vows To Destroy Campus Due Process Again If Elected
Plus: Homeland Security has detained thousands of pregnant women, Ginsburg wrong about "seamless" contraception coverage, and more...