America Is Not as Racist as Jussie Smollet's Defenders Fear or White Supremacists Hope
We make a mistake when we think outliers somehow represent who we are as a country.
Civil Liberties
Defendant Has No First Amendment Right to Wear "Black Lives Matter" T-Shirt at Trial
So holds the Kansas Court of Appeals, in reasoning that applies equally to any clothing that displays a message; the defendant in this particular case was on trial for setting fire to a truck that was displaying Confederate flags.
"Cyberstalking" Ban Violates the First Amendment
So a federal district court in Washington just concluded, about a Washington statute that criminalized "anonymous or repeated" speech intended "to harass, ... torment, or embarrass."
Did Twitter Punish Criticism of Government Propaganda About Smokeless Tobacco?
After a harm reduction advocate slammed a hardy but misleading factoid, users who retweeted his message complained that they had been shadowbanned.
A Conservative Got Punched in the Face for Protesting Hate Crime Hoaxes
"Encouraging violence"
The Media's Covington Coverage Was Appalling, but Nick Sandmann's Libel Lawsuit Is Not the Answer
A teenager wrongly accused of harassing a Native American activist sues The Washington Post for $250 million.
Louisiana Mom Arrested Under 'Notoriety' Law for Posting Video of a School Fight
But what she did wasn't actually illegal.
"Free Speech Rules," My New YouTube Video Series -- Episode 2 (Hate Speech) Now Out
Please share it widely -- there will be at least nine more in the upcoming months.
How the Feds Are Using Civil Asset Forfeiture to Threaten Free Speech
Sex, publishing, and quasi-legal theft collide in the Backpage prosecution.
Illinois Police Admit That Oversight in a Background Check Allowed a Mass Shooter to Get a Gun
The problem isn't a lack of laws, but poor implementation of those laws.
Justice Thomas's Skepticism of New York Times v. Sullivan
First Amendment limitations on libel and other torts are complicated
SCOTUS Won't Hear Defamation Case Against Bill Cosby; Clarence Thomas Has Issues with Landmark First Amendment Ruling [UPDATED]
Thomas thinks the Supreme Court may have erred in its 1964 NYT v. Sullivan ruling.
The 3 Rules of Hate Speech and the First Amendment
Episode 2 of Free Speech Rules by UCLA Law Professor Eugene Volokh
A Guide to Surviving Your 15 Minutes of Hate
Here's how to navigate America's newest ritual.
Data Surveillance Shows Why We Need Cash, Cryptocurrencies
A cashless society is a monitored (and potentially controlled) society.
Democracy in Decline?
If its recent record is any indication, Winston Churchill might have been wrong about democracy.
Community College Bans Pro-Second-Amendment Banner with Picture of Rifles
A clear violation of the First Amendment -- and not even justified under the College's own stated reasons.
In a State of Emergency, the President Can Control Your Phone, Your TV, and Even Your Light Switches
Under a little-known regulation that dates back to the 1930s, the president has legal power over electronic transmissions.
Hyperlink Taxes? Meme Bans? E.U. Pushes Forward with Massively Terrible Copyright Regulations
The media are supposed to fight censorship. But to protect their financial interests, some European publishers want to mandate it.
Remembering Rushdie: 30 Years Ago, the Novelist Was Marked for Death by Ayatollah Khomeini
Jonathan Rauch says that the fatwa against The Satanic Verses author ushered in a new age of intolerance.
FCC Commissioner Wants to Ban E-Cigarette Ads, Because 'Public Interest'
Jessica Rosenworcel overlooks the statutory and constitutional obstacles to her plan.
One Year Later, Parkland Remains a Stunning Example of Police Incompetence
The mass shooting became a story about gun control. But it's also a story of incomprehensible government failure.
Last Year Saw 'Furthest-Reaching Attempt to Censor Online Speech' Since the 1990s, Say FOSTA Challengers
As the lawsuit against FOSTA hits appeals court, three essays about the law that everyone should read.
Another "Stop Talking About Him" Order -- Apparently Covering Even Republishing Police Report
"Defendant shall not post on the internet ... any information whatsoever regarding William Siegle."
Dark Law: Published Michigan Precedents on Protection Orders Missing from Westlaw
Three cases, including the two leading Michigan precedents on the First Amendment and restraining orders, are invisible to lawyers who rely on Westlaw. Lexis is also missing two of the three, but it's changing its policies to include them. And a federal statute is behind this.
Los Angeles Demanding That City Contractors Disclose Ties to the NRA
But the new ordinance violates the First Amendment, because it tends to deter (and deliberately so) association with an advocacy group.
'Sex Offenders Are Not Second-Class Citizens,' Says Judge While Nixing Alabama Rules on First Amendment Grounds
The decision rejects driver's licenses labeled "CRIMINAL SEX OFFENDER" and a broad demand for reports on internet use.
Zestimates, Estimates, and Opinions
Zillow has no obligation to take down (or revise) property value estimates to which the property owners object.
Facebook Is Calling the Cops on Sad Users: Reason Roundup
Plus: Rapper 21 Savage released from ICE custody and more details on how Homeland Security scammed immigrant students
Gitmo Preps for an Upgrade
This monument to the war on terror is still open, and it's costing taxpayers a fortune.
Portland Wants to Ban Hate Groups, Has No Idea How To Define 'Hate Group'
What constitutes a hate group isn't objective or easily defined, and Portland's resolution makes no attempt to clarify.
Here's Why Rand Paul Will Vote 'No' on AG Nominee William Barr
Paul cited Barr's past support for warrantless surveillance. He's right to be worried.
Lesson on Islam Didn't Violate Establishment Clause or Free Speech Clause
The Fourth Circuit rejects a challenge to a history class being shown a slide stating "Most [Muslims'] faith is stronger than the average [Christian's]," and being required to fill in the blanks in "There is no god but __ and Muhammad is the __ of Allah," as part of a worksheet on the "Five Pillars" of Islam.
Court Reverses Order That Barred Former Church Member from Saying Anything About Pastor
The order, entered under the Illinois Stalking No Contact Order Act, barred Chester Wilk from "communicating, publishing or communicating in any form any writing naming or regarding [Pastor Eric Flood], his family or any employee, staff or member of the congregation of South Park Church in Park Ridge."
London To Require GPS Trackers for Certain Residents Convicted of 'Knife Possession'
The latest in London Mayor Sadiq Khan's war on knife ownership.
San Francisco's Accidental Surveillance State and the Future of Privacy
Good intentions, private fears, and innovative entrepreneurs vying for government contracts are killing privacy in public places.
English Woman Reportedly Arrested, Partly for "Misgendering" Trans Activist, Ordered by Court to Stop
A judge "issued an interim injunction that bans [Kate Scottow] from posting any personal information about [Stephanie] Hayden on social media, 'referencing her as a man' or linking her to her 'former male identity.'"
Critiquing Israel Policy Worse Than White Nationalism, Says GOP Leader: Reason Roundup
Plus: Klobuchar and Warren join Democrat 2020 contest and AOC retracts "Green New Deal" draft.
The SUV That's About To Change Asset Forfeiture Rules Nationwide
The future of civil asset forfeiture law in the United States now revolves around a single Land Rover.
Right to Carry Guns in Public Headed for Ninth Circuit En Banc
A panel decision had said there is such a right to carry (though the state can decide whether people must carry openly or may carry concealed); the Ninth Circuit has just agreed to rehear the matter with an 11-judge panel.
Kavanaugh Gives Mixed Signals in First Supreme Court Abortion Ruling
In a 5-4 decision, the Court issued a temporary stay of a Louisiana law that could put abortion doctors out of business.
