We've Got Good News…
A look at the victories we've won in the last half-century
Civil Liberties
Is the First Amendment Flourishing or Floundering in the 21st Century?: Podcast
Nadine Strossen, Eugene Volokh, and Stephanie Slade discuss freedom of speech, assembly, and religion at Reason's 50th anniversary.
Trump's Atrocious Saudi Statement Spurs Republican Resistance: Reason Roundup
Plus: U.S. support for gay speakers rose as support for racist speakers diminished.
E-Mails With Graphic Anti-Gun Messages, Sent to Gun Rights Activist, Weren't Threats
So holds a federal court, concluding that such e-mails with photos of gun crime victims, coupled with statements such as "Thought you should see a few photos of handiwork of the assault rifles you support," were protected by the First Amendment.
U.K. Anti-Terrorism Efforts Are Terrifying to Anybody Who Favors Free Speech
Clicking the "wrong" link can get you interrogated by the authorities-and the situation may soon get worse.
Suppressing Trump's Bigotry on Facebook Is Another Form of Bias
Censoring politicians' racist, sexist, and abhorrent behavior on social media does a big favor to racist, sexist, and abhorrent politicians.
Chinese Novelist Gets 10-Year Prison Sentence Because Her Homoerotic Books Sold Too Well
Yet under Chinese law, some rapists get only three years behind bars.
Will Supreme Court Reargument of the Knick Takings Case Come Down to the Federal Government's "Klingon Forehead" Argument?
The Supreme Court has ordered reargument in a crucial property rights case. The outcome could hinge on an extremely dubious theory put forward in an amicus brief by the federal government.
Denying Bail
The Arizona Supreme Court got it right: categorical denials of bail to persons charged with sexual assault violates the Constitution.
A Reminder About Rumsfeld v. FAIR
The statute in that case was a funding condition on federal money given to universities -- but the Court's decision held that the government could impose the same rule categorically, whether or not the universities got funds.
New Article on Compelled Speech, Forthcoming in the Texas Law Review
I'd love to have people's comments this week, since I owe the journal a final draft Saturday the 24th. [UPDATE: Just to be clear, the article aims to provide a coherent framework for understanding the current precedents, not to come up with new rules from scratch.]
The 5 Worst Supreme Court Rulings of the Past 50 Years
Cases in which a majority of the Court fell down on the job.
Rep. Eric Swalwell Thinks Gun Confiscation Will Work Out Fine Because Government Has Nukes
While Swalwell insists it was 'sarcasm' it's bad form to reply to a citizen aggrieved at openly threatening constitutional rights connected with self and civil defense with implied threat of mass murder.
Michael Bloomberg's Chances of Becoming President: Slim, None, and Fat
The latest trial balloon from the perennial White House Hamlet contains more lead than the paint of a New York public school.
Should Facebook and Twitter Censor Themselves? A Debate.
What should the culture of free speech, free expression, and ownership look like on our social media platforms?
Betsy DeVos Formally Unveils New Title IX Rules: 3 Ways They Will Strengthen Due Process on Campus
Cross-examination, stricter definition of misconduct, and greater flexibility
Charges Against Wikileaks Founder Julian Assange Accidentally Revealed by U.S. Prosecutors: Reason Roundup
Plus: the NRA versus New York Gov. Andrew Cuomo and CNN versus the White House
N.Y. Appellate Court Reverses Injunction Against Online Tabloid's Publishing "Images Depicting … Lynching in Association with Plaintiff"
The latest in the Brummer v. Wey (TheBlot) litigation, brought by Prof. Christopher Brummer, a former Obama nominee for the Commodity Futures Trading Commission.
Rutgers University Reverses Course, Affirms Free Speech Rights for Professor Accused of Anti-White Racism
"Any other result would have undermined the free speech and academic freedom rights of all Rutgers faculty members."
Portland City Council Rejects Mayor's Constitutionally Dubious 'Emergency Ordinance' on Protests
Believe it or not, authorities can maintain the peace while also respecting the First Amendment.
Facebook Supported 'Sex Trafficking' Law FOSTA to Cozy Up to Republican Critics: Reason Roundup
Plus: Trump endorses sentencing reform and Bitcoin's value continues to fall.
The 'Frightening and High' Factoid About Sex Offender Recidivism Still Stalks Courts Across the Land, Completely Untethered From Actual Numbers
Justice Anthony Kennedy's bogus 2002 claim figures prominently in defenses of an Arizona bail ban.
My Review of "Property and Human Flourishing"
A link to my review of an important new book on property rights by Cornell law Professor Gregory Alexander.
Anti-Porn Republicans Haven't Gone Anywhere
The porn wars haven't died, they're just packaged differently.
The Sorry State of FOIA
More than 50 years later, it is a wheezing, arthritic artifact of more optimistic times.
High School Boys Made the Nazi Salute in a Prom Photo. That's Terrible, But Not a Crime.
Social media can shame them and the school can punish them, but the police shouldn't intervene.
N.H. Constitution Now Protects "Right to Live Free from Governmental Intrusion in Private or Personal Information"
But what does that mean? Readers, tell me what you think, and how it fits with your general theory of constitutional interpretation (e.g., textualism, originalism, etc.).
Right to Wear T-Shirts That Depict or Mention Guns
... extends to public high school students, holds a federal judge in Wisconsin.
Forged U.K. Court Order Aimed at Vanishing Newspaper Article About English Businessman Mason Soiza
So reports the Times of London, which was the target of the purported order.
Lawsuit Challenging New Jersey Ban on Distributing "Digital Instructions" for 3D Printing of Guns
An interesting motion for a temporary restraining order, arguing based on the First Amendment, the dormant Commerce Clause, 47 U.S.C. § 230, and more.
As His Final Move in Office, Jeff Sessions Limits Use of Court Settlements to Reform Rotten Police Departments
Sessions was a staunch critic of consent decrees that forced police departments to reform unconstitutional practices.
California's 'Reasonable Regulation' of Guns Did Not Stop the Thousand Oaks Shooting
The state has some of the nation's strictest firearm laws.
Threatening Cable News Hosts Doesn't Help Anyone
Whether it's Tucker Carlson or Don Lemon, violent threats are the wrong way to go.
Federal Judge Says It's Plausible That Andrew Cuomo Violated the First Amendment by Pressuring Banks and Insurers to Shun the NRA
The organization's lawsuit against New York's governor survives a motion to dismiss.
New California Gov. Gavin Newsom Has Been 'Vocally Anti-Gun Every Chance He Gets'
Outcoming Gov. Jerry Brown was no gun rights advocate, but if Newsom's voting record is any indication, he's likely to be even worse.
Andrew Cuomo's Unconstitutional Assault on the NRA
New York's governor is violating the First Amendment by pressuring banks and insurers to shun "gun promotion organizations."
For Many Pro-Gun Republicans, Gun Ownership Is Skin Deep
The difference between exercising one's 2nd Amendment right and "looking very threatening and intimidating."
NRA's Free Speech Claims Against N.Y. Officials May Proceed
The NRA alleges that New York officials are trying to pressure banks and insurance companies not to deal with the NRA, because of the NRA's political activities.
Is a Privacy Violation an "Injury"?
The Supreme Court's call for supplemental briefing in Frank v. Gaos will lead it to a difficult question.
Federal Judge Advocates Jury Nullification After Being Shocked by Overzealous Child Pornography Prosecution
It just makes sense to let jurors know about their already established power to exercise discretion over bad laws and ill-considered prosecutions.
Is Your Ballot Selfie Legal?
Banning ballot selfies to stop voter fraud is like "burning down the house to roast the pig" said the First Circuit Court of Appeals. But many states still do it.
Libel Case Can't Be Litigated with the Alleged Libel Sealed, Says Federal Court
"Once a matter is brought before a court for resolution, it is no longer solely the parties' case, but also the public's case."
