Police generally need to investigate matters further, to see if the post was really a threat or sarcasm -- and if they don't investigate further, and don't have a good reason for the immediate arrest, they can be sued for a Fourth Amendment violation, and be denied qualified immunity.
It is both philosophically and strategically wrong.
Compelled Subsidies and the First Amendment -- a new article with co-blogger Eugene Volokh, forthcoming in the Harvard Law Review
The authorities threatened the gun-making software and hardware company. Now the company is striking back, citing its First and Second Amendment rights.
The previously prohibited computer files related to making guns at home are now legally available in resolution of long-standing lawsuit involving Cody Wilson and Defense Distributed.
Domestic surveillance in Tennessee.
The Borat comedian's new "Kinder Guardian" videos put lawmakers in cringe-worthy light.
A follow-up to the May federal court decision holding that the school district's actions violated the First Amendment.
If social media feels like a cesspool, don't go swimming.
Yet the order (narrowed on appeal to 50 feet, but still unconstitutional) seems to have been based on pretty normal -- if acrimonious -- local political debate. We're asking the Ohio Supreme Court to review the decision upholding it.
Nice to see that the nation's top law enforcement officer is aware of "innocent until proven guilty."
The ACLU stunt is intended to warn against using tech to identify suspects.
Trump used Twitter to blast Twitter for allegedly censoring several prominent conservative leaders.
The government wouldn't abuse us if we'd stop making it upset, according to the one-time civil liberties advocacy group.
Devin Nunes gets the Richard Spencer treatment.
The 9th Circuit has endorsed a distinction that does not jibe very well with modern attitudes.
The Ninth Circuit had earlier held -- citing D.C. v. Heller -- that the Second Amendment doesn't secure a right to concealed carry, but the panel now holds that it secures a right to carry openly (though it reserves the possibility that a state might be able to choose whether to allow open carry or to allow concealed carry).
"I know that it's fun and that it can feel good, but step back and think about what you're accomplishing when you do this-are you persuading anyone?"
"Donald Trump doesn't believe anyone can tell him how to speak," said Sessions.
Tenants are challenging a HUD rule that requires local public housing authorities across the country to prohibit people from smoking in their homes.
The New York senator is scared that people will build semi-automatic weapons from the comfort of their homes.
The Happy Camper provoked demonstrators' wrath by continuing to serve federal immigration officials.
Cornell law professor Michael Dorf asks whether Clarence Thomas would vote to strike down federal laws restricting abortion, on federalism grounds. The answer might well be yes. But the issue would have to be presented to him in the right way.
Heavily redacted report shows the FBI believed former Trump aide was helping the Russians.
Check out how the majority and the dissent describe one aspect of the California disclosure rules.
House Committee on Un-American Activities
Sometimes censorship is a public-private partnership.
Reason's Robby Soave and Mike Riggs debate whether Mark Zuckerberg's should de-platform haters such as Alex Jones and Infowars to improve the user experience.
Federal prosecutors have indicted two men for attacking Leagle (an online repository of court opinions), RipOffReport (a consumer gripe site), and JaburgWilk.com (the site of a law firm that sometimes represents RipOffReport).
Censorship is "nefarious." Unless it's being carried out by the government.
San Bernardino County investigator called Rep. Maxine Waters "a loud-mouthed c#nt" and mocked the victim of a police shooting. The DA appears unconcerned.
Indeed, Facebook shouldn't set itself up as the arbiter of historical truth (or scientific truth or moral beliefs) -- and doing that even as to Holocaust denial would just yield pressure for much more.
A former congressman suggests that homemade plastic guns can be banned because they did not exist in 1791.
Silencing hate isn't the same thing as squelching it.
This Arizona state Senate candidate says he killed his mother in self-defense more than 50 years ago. But does his story really add up?
Catherine Bernard doesn't ask jurors to "nullify" the laws. She just urges them to perform the full range of their powerful jobs.
In a settlement reached Tuesday night, two residents of Mount Dora, Florida, will receive $15,000 and permission to keep their Van Gogh-inspired paint job.
Gun owners can now enjoy First and Second Amendment safeguards.
The panel concludes that the district court didn't abuse its discretion in issuing the injunction -- though the decision is non-binding.
Entrapment prosecution of bitcoin exchangers highlights government's war on privacy.
You can't make the world a better place, he says, if you silence "those who aren't like you because they are white or they are male."
The Times had published material from a plea agreement that was supposed to be sealed, but had been erroneously released by the court.
"Haven't presidents been killed in the United States? Have you forgotten about-well, has Kennedy been killed in Russia or in the United States? Or Mr. King?"
Lots of government officials enjoy legal immunity with a wink and a nod. But in Arizona, immunity is actually official.
That's what Illinois prosecutors are trying to do by charging Timothy Trybus with hate crimes for objecting to a woman's Puerto Rican flag shirt.
The Kentucky Republican is worried about Kavanaugh's record on the Fourth Amendment.
"We remind respondent -- and all other colleges and universities, particularly state-affiliated institutions -- of their unwavering obligation to conduct student disciplinary proceedings in a manner that comports with fundamental notions of due process for the accused, that renders determinations consistent with the facts, and that respects the presumption of innocence to which all students are entitled."
