Rep. Devin Nunes's $250M Lawsuit Against Twitter Will Go Nowhere
The defamation (and negligence) claims against Twiter are blocked by 47 U.S.C. § 230.
Civil Liberties
Supreme Court Gives Feds a Long Leash To Detain Immigrants With Criminal Records
Conservative majority declines to consider constitutional concerns of holding noncitizens without hearings.
Sen. Menendez Calls for Twitter to Stop Spreading Software That Can Help Make Weapons
Press release from Jersey senator asks Twitter to censor specific user @ivanthetroll12.
Devin Nunes Milks Fake Cow Account on Twitter For Nonsense Lawsuit
Plus: SCOTUS declines Hawaii lesbian case, UC stands by professor in free speech standoff, and ACLU warns of "privacy Trojan horse."
Montana Criminal Libel Statute Struck Down
The statute doesn't require that the defendant knew the statement was false or likely false, and is thus inconsistent with Supreme Court precedent.
Trump Keeps Wondering Why People Are Allowed to Make Fun of Him on TV
The "equal time" rule does not mean what the president thinks it means.
Can Victims' Rights Go Too Far?
The rapid spread of Marsy's Law could undermine due process across the country.
A Tattooed Libertarian on the Arizona Supreme Court: Clint Bolick's Long Fight for Freedom
Q&A with the co-founder of Institute for Justice about immigration, his legal philosophy, his battles with Sheriff Joe Arpaio, and that tattoo.
Lawsuit Against Suppliers of the Rifle Used in the Sandy Hook Massacre Will Proceed
The Connecticut Supreme Court rejects an absurdly broad definition of "negligent entrustment" but allows a claim based on "unfair trading practices."
The U.S. Must Stop Supporting War in Yemen, Says Senate
Plus: a Rand Paul add-on makes sure measure doesn't inadvertently authorize new wars, Dick's stores are dropping guns, campus art controversy, and good 8A news
Free as a Bird: Showing Middle Finger to Police Officer = Constitutionally Protected Speech
Every reasonable officer should know that, says the Sixth Circuit.
Maybe Now We Can Finally Read This Star Trek/Dr. Seuss Mash-Up
Federal judge's ruling in a fair-use lawsuit "is a big win for the First Amendment."
Facebook Had Every Right to Reject Elizabeth Warren's Crappy Ad
Nobody in the media should be supporting an elected official trying to control what speech online platforms allow.
Expedited Appeals of Anti-Libel/Anti-Harassment Injunctions
If your client has been ordered not to say things about someone, here are the precedents supporting your right to an expedited appeal.
The E.U. Wants to Censor 'Terrorist Content' Online. What Could Go Wrong?
There's no room for errors and online platforms face huge fines, likely encouraging overly broad takedowns.
Yes, You Can Get Kicked Off Twitter for Saying 'Learn To Code'—Even If It's Not Harassment
"I'm more confused than angry about all of this."
If the Feds Have Stopped Snooping on Our Phone Records, Watch Out for the Anti-Encryption Propaganda
Backdoors into your texts and private message provide far more information than your phone metadata.
Florida Bill Would Make It a Crime for Minors to Post Pictures of Guns on Social Media
Clearly unconstitutional, of course.
When the Fat Lady's Cat is Singing to the Genie, and the Bottle Has Fallen Out of the Bag …
An interesting decision called United States v. Suppressed.
No Preliminary Injunctions Against Libel
Another court opinion reinforces this principle -- even if repetition of libelous statements can be forbidden after a trial on the merits at which the statements are found libelous, it can't be preliminarily enjoined before such a trial.
23-Year-Old Coleman Hughes Is Reframing the Discussion on Race: Podcast
Meet the undergrad who is recovering the legacy of gay, socialist civil-rights activist Bayard Rustin while explicating Kanye West's conservatism.
Preventing Government Facial Recognition Oppression
Pervasive real-time police surveillance is not just theoretical anymore.
Feds Used a Secret Database to Track Journalists Covering the Migrant Caravan: Reason Roundup
Plus: Facebook says it's pivoting to privacy, and congressional Democrats want to "save the internet."
Media Outlets Spread Fake News About TSA Seizing 'Rocket-Propelled Grenade Launcher'
They're just helping the TSA push its scaremongering narrative.
Securing Free Speech on Campus, Part II
Universities should be proactive about articulating, defending and protecting the free exchange of ideas on campus
Securing Free Speech on Campus, Part I
If universities do not take steps to address their campus free speech problems, politicians will do it for them
Colorado and Baker End Fight Over Whether He Can Be Forced To Make a Transgender Cake
Both sides agree to stand down. First Amendment precedents were on the baker's side.
The NSA Has Apparently Stopped the Domestic Surveillance Program Snowden Exposed
For years, security state advocates fought to maintain the authority to snoop on your phone records. Are they really giving up?
Sacramento Police Detain Reporter Covering Stephon Clark Protests, Tie Hands Behind His Back
Police allegedly shoved a photographer to the ground with a baton as well.
Sneak-and-Peek Warrant for Hidden Cameras at Florida Massage Parlors Faces Scrutiny
We were told this sort of spying would only be used to stop terrorists. And yet...
Popular Defiance Will Kneecap Gun Laws in New Mexico, As It Has in Other States
Following the lead of their rebellious constituents, local officials say they won't enforce despised rules.
Federal Government Has Shared Watchlist Info with 1,400 Private Groups
Due Process Concerns Abound
At CPAC, the Culture War Matters More than Politics or Policy
Even for conservatives who believe in individualism, group identity trumps all.
Sen. Josh Hawley Rails Against 'Big Tech,' Anti-Conservative Bias, and Section 230
"Google and Facebook should not be a law unto themselves. They should not be able to discriminate against conservatives."
Knock It Off, Lazy News Outlets. 'Momo' Isn't Telling Kids To Hurt Themselves.
When absurd ghost stories are passed off as actual journalism
Can a Person Be Banned from Posting Anything About Someone Else, Because His Past Speech Supposedly Stems from a "Vendetta"?
Yes, said an Ohio Court of Appeals majority opinion, reasoning that the speaker's past speech "was not engaged in for a legitimate reason, but instead for an illegitimate reason born out of a vendetta seeking to cause mental distress to his mother and sister and to exact personal revenge." No, argue the EFF, Prof. Aaron Caplan, and I in a brief we've just filed with the Ohio Supreme Court.
What Politicians Must Do When Protesters Attack
Learning from Robert McNamara's mistakes and magnanimity
Court Ordered Divorcing Husband Not "to Post Anything on Facebook … in Regards to This Action"
Fortunately, the California Court of Appeal has just reversed the decision, on First Amendment grounds.
"Libertarianism and Its Limits": Podcast
Nick Gillespie is interviewed by Spiked's Brendan O'Neill about the Enlightenment, free speech, and crony capitalism.
Here Is What's Wrong With the Gun Control Bills the House Is About to Pass
Two bills dealing with background checks would criminalize innocent behavior and unjustly interfere with the exercise of Second Amendment rights.
A Harvard Law Professor Is Representing Harvey Weinstein. Students Say This Makes Them Unsafe, Demand His Resignation.
Ronald Sullivan's choice of clients is "not only upsetting, but deeply trauma-inducing," according to activist students.
No, the NRA Is Not Urging Its Members to Assassinate Gun Control Supporters, Culture War
A lame headline provokes even lamer charges of incitement to violence.
