Civil Liberties
The Costs of Monitoring Your Prescriptions
State databases that track the medications we take invade our privacy without reducing opioid-related deaths.
Congress Wants to Help Broker a Better Tech Deal for Big Media
Plus: psychedelics research bill moves forward, big companies push back against abortion bans, and more...
Why the Arkansas Law Aimed at Boycotts of Israel Is Generally Constitutional, Part II
Prof. Michael Dorf, who co-signed an amicus brief with me on this subject, adds more in response to an exchange with a law professor on the other side.
Customs and Border Protection Photo and License Plate Database Hacked
The agency is mum on how many people are impacted
Are Google and YouTube Evil? No, But Don't Let That Get in the Way of Your Feelings.
Despite scant evidence, everyone wants to believe that social media has a unique ability to control our thoughts and actions.
Santa Clara University Student Government Won't Recognize YAF, Says Conservative Speakers Make Campus 'Unsafe'
"The presence of YAF would further marginalize minority students on campus."
Trump's Mexican Standoff and the New Illiberal Right
When Tucker Carlson and Elizabeth Warren agree on trade, regulation, and social media, it's time to rethink a few things.
California Considering a Ban on Realtime Police Body Camera Facial Recognition
We can still say no to mass surveillance.
Washington Court Reaffirms That Florists Must Serve Same-Sex Weddings
The U.S. Supreme Court had sent the case back down to be considered in light of the (narrow) Masterpiece Cakeshop decision.
Don't Trust the FBI to Properly Use Its Massive Facial Recognition Database
You might consider buying a hat to cover your face—and hoping you’ll be allowed to wear it.
Becoming the Libs to Own the Libertarians: Tucker Carlson Praises Elizabeth Warren
Plus: Ashton Kutcher serves up "sex trafficking"-enabled surveillance, NYC Mayor Bill de Blasio goes after soft serve, and more...
YouTube Punishes Steven Crowder for Homophobic Speech, a Confused Approach to an Unsolvable Problem
The video platform temporarily demonetized a conservative comedian's channel, satisfying no one.
What the Battle To Publish Allen Ginsberg's 'Howl' Means to Today's Free-Speech Struggles
The People v. Lawrence Ferlinghetti explains how America embraced free speech—and how we're ready to throw it away.
Hempfest Sues Washington's Marijuana Regulators for Censoring Sponsors' Signs
The Seattle festival's organizers argue that banning signs referring to state-licensed cannabusinesses violates the state and federal constitutions.
Australian Police Raided a Newsroom and a Journalist's Home for Reporting on Government Secrets
The police conducted two searches in two days to track down who is leaking things leaders don’t want the public to know.
Mass Shooting Delusions
"We must act now" is not a gun control policy, let alone an argument.
Do You Feel Safer Knowing the FBI Has Access To 640 Million (!) Headshots?
Don't worry, a spokesman tells Congress, the agency has "strict policies" for using facial recognition technology.
The European Union May Order Facebook to Stop You From Calling Austrian Politicians 'Corrupt Oafs'
Censorship inevitably ends up being used to protect the powerful from criticism.
Justin Amash and Rand Paul Disagree About Impeachment, but Fight Together for Federal Surveillance Reform
Both still see surveillance abuse that needs fixing. They’re pursuing different paths to get there.
New Hampshire Resists the DEA's Demands for Warrantless Access to Patients' Prescription Records
An ACLU brief bolsters the state's case, arguing that people reasonably expect information about the medications they take will be kept confidential.
Defiance and Innovation Keep Abortion Available, If Not Legal
Restrictionists once again discover that draconian rules aren’t enough to overcome people unwilling to obey.
After Virginia Beach Shooting, a Quick Pivot to Squabbling About 'Silencers' and Trump's Golf Clothes
Plus: Spending bill includes pro-marijuana changes, State Department starts collecting social media accounts of visa applicants, and more...
Trump's Plan to Force Mexico to Lock In its Own People
The President's effort to coerce Mexico into blocking the emigration of its own people undermines the distinction between keeping people out and locking them in. It thereby makes US immigration policy analogous to the Berlin Wall.
The Supreme Court Should Take the Love Terminal Takings Case
A lower court decision the Supreme Court is currently considering reviewing has important - and dangerous - implications for property rights.
Facebook's Zuckerberg Was Right To Skip Canadian Show Trial
Abroad, legislators are in the mood to theatrically punish social media companies. CEOs shouldn’t play along.
What to Make of the Supreme Court's Latest Abortion Case
SCOTUS sidesteps the hard questions in Box v. Planned Parenthood of Indiana and Kentucky.
First Amendment Limits Media Liability for Inducing Breach of Nondisclosure Agreement
So holds a (nonprecedential) California Court of Appeal decision in the Jenni Rivera heirs vs. Univision case, though the decision is narrowly tied to these particular facts.
Subpoenas Seeking to Identify Illegally Absent Teachers Likely Don't Violate the First Amendment
"Students are expected to attend classes. If they fail to do so without a valid excuse, their absence is duly-noted and appropriate action is taken. But the teachers at the center of this controversy expect different treatment."
Unlike President Donald Trump, Justin Amash Actually Fights Against FISA Surveillance Abuse
The most absurd attack against the Michigan congressman involves ignoring his entire history in office.
First Amendment Group Sues the University of Illinois Over Bias Reporting System, Restrictions on Political Speech
"An elaborate investigative and enforcement regime designed to restrain, deter, suppress, and punish speech."
Why Instapundit Glenn Reynolds Thinks Twitter, Facebook, and Google Should Be Busted Up
The "blogfather" once touted the internet as the antidote to Big Government, Big Business, and Big Media. Now he wants the feds to crack down on social media.
Dissenting From a Decision Blocking a Retaliatory Arrest Claim, Neil Gorsuch Notes That 'Almost Anyone Can Be Arrested for Something'
The Trump appointee warns that "little would be left of our First Amendment liberties" if cops could punish people who irk them by finding a legal reason to bust them.
Planned Parenthood President Wrong on Illegal Abortion Deaths Pre-Roe
Plus: how the FDA is handling cannabidiol products, highlights from Harris and Amash town halls, and more...
No "Tone-Policing," Says a Court
Sound words from a federal district court decision handed down last year.
Now Microsoft Supports an American GDPR. Which Tech Giant Wouldn't?
Government-mandated privacy regulations will allow the most powerful companies to game it to their advantage.
First Amendment Protections for Anonymous Speakers Apply to Foreign Speakers
So holds a district court, in a copyright case brought by the Jehovah's Witnesses against a Reddit commenter.
Utah State Trial Judge Disciplined for Anti-Trump Remarks in Courtroom
The Utah Supreme Court upheld a six-month suspension without pay, based in part (though not entirely) on these remarks; the judge has a history of past discipline on other grounds as well.
Who Owns Your Life Story? Free Speech Rules (Episode 4)
Episode 4 of Free Speech Rules, starring UCLA law professor Eugene Volokh
Crossfit Deletes Facebook and Instagram After User Group Is Deplatformed
In the best of all possible worlds, such actions wouldn't be necessary. In the current climate, boycotting social media might spark a return to a robust marketplace of ideas.
New Julian Assange Indictment Crushes the Hopes of Journalists Who Thought Their Press Passes Would Save Them
Don't believe the Justice Department when it reassures journalists that the WikiLeaks founder is uniquely guilty of violating the Espionage Act.
Dangerous Precedent Looms in Espionage Indictment Against Julian Assange
Plus: Naomi Wolf has no clue (again), gun site wins Section 230 case, and more...
