The 1986 Plastic Gun Panic
How the gun control lobbies nearly tricked Congress into banning millions of ordinary guns.
Civil Liberties
N.J. Case Ordering Google to Stop Showing Picture of Plaintiff Removed to Federal Court
The same happened to the case against the Chicago Tribune, in which the judge orally ordered the Tribune to take down a post that contained the picture (though the written order failed to reflect that).
The Chinese Government Destroys Ai Weiwei's 'Zuoyou' Studio
"Free speech and free expression have simply never existed in China or in its artist communities."
Can It Be a Crime to "Intimidate" Police Officers by Threatening to Complain About Them?
No, says the Fifth Circuit, striking down as unconstitutionally overbroad a Louisiana statute that apparently bans threatening public employees with lawsuits or complaints -- and not just with violence -- "with the intent to influence [the employee's official] conduct."
Banning Alex Jones Isn't About Free Speech—It's About the Incoherence of 'Hate Speech'
No one will miss Infowars, but that's beside the point.
Downloadable Gun Designs Are Here To Stay, Whether Politicians Like It Or Not
Officials trying to stop people from sharing information online are still raging against Napster.
Major Internet Platforms Ban Alex Jones
Facebook, YouTube, Spotify, and Apple accuse him of violating their platforms' speech codes.
The Unknown History of State Constitutional Prohibitions on Government Actions that "Damage" Property without Compensation
Many state constitutions require the government to pay compensation when it acts in ways that "damage" private property. An important new article by legal scholar Maureen Brady reveals the previously ignored history of these provisions, and the lessons that can be learned from it.
'It's Not About Donald Trump Being Crappy, It's About the Government Being Crappy': Podcast
The podcast crew takes on the The New York Times' controversial new hire, Trump's trade war escalations, Medicare-for-all, and 3D-printed guns.
The Justice Department Didn't Charge Him With a Crime. It's Going to Take $39,000 from Him Anyway.
It's not a crime to travel with lots of cash. But you still might be treated like a criminal.
District Court Strikes Down Licenses for Tour Guides in Charleston
Prospective tour guides won't have to cough up nearly $100 and study for weeks to talk about their city anymore.
"Racial Ridicule" Is a Crime in Connecticut -- and People Are Being Prosecuted
There is no First Amendment exception for "hate speech," and the government can't specially target racist or religiously bigoted speech -- but some Connecticut prosecutors seem not to know that.
Bystander's Defensive Shooting of Titusville Shooter Has Nothing to Do with "Stand Your Ground"
As often happens, news reports misunderstand what "stand your ground" laws mean.
Videorecording Public Servants in Public
Most federal circuit courts have held that people generally have a right to record what police officers do in public places. But how far does that extend?
The ACLU Appears to Endorse a Ban on Catcalling, Despite Huge Free Speech Concerns
What a deleted tweet says about the direction of a civil liberties organization.
Pro-Life Conservatives Can't Win By Dissing Mothers
They should tread carefully before scrapping reproductive rights now that the possibility of overturning Roe v. Wade is real
What We Talk About When Talk About Russian Meddling: Talk
When Americans do it, it's called participating in democracy. When Russians do it, it's called undermining democracy.
Secret Surveillance of Americans Traveling by Air Found Nothing, Will Continue
Air marshals have snooped on about 5,000 of us since March-and not because they suspected any of those people of specific crimes.
An Oregon Deputy Steals and Sells a Dead Man's Guns
Sean Thomas Banks assured the family he was taking them for "safekeeping."
N.J. Court Orders Google to Vanish Plaintiff's Photo -- Published at the Chicago Tribune -- From Search Results
The "right to be forgotten" sneaking into American courts? Google has not complied with the court order -- and the plaintiff is now trying to get it held in contempt of court.
The Scaremongering Over 3D Guns Has Little to Do With Reality
It's never been illegal to make your own firearms.
The Important but Arcane Procedural Issue That Might Upend the Restraining Order Against Defense Distributed
Did the settlement with the distributor of home gun-making hardware and software remove computer files from the United States Munitions List or just temporarily stop treating them as affected munitions?
Free Speech and Computer Code -- 3-D Printer Gunmaking Files and Beyond
Three ways of thinking about the problem: 1. Software is like hardware. 2. Software is like instruction manuals. 3. Alexa, read this book and make me a gun.
The New York Times Shouldn't Fire Sarah Jeong for Racist Tweets About White People
Call out hypocrisy, but don't join the lynch mob.
Freedom of Speech Is Important, the ACLU's Top Lawyer Explains to So-Called Liberals
David Cole defends the First Amendment's viewpoint neutrality, obliquely rebutting critics who question his group's commitment to it.
3D-Printed Guns Are a Great Example of Technophobia in Media, Politics
They are years away (if ever) from becoming the choice of bad guys, who can already make untraceable weapons, so why all the fear-mongering?
Facebook Blocks Searches for Pages that Reference Marijuana—Even Those of Government Agencies
The platform is struggling to handle contradictory laws about legal and illegal use of pot
President Trump Is No Friend to 3D Printed Plastic Guns, Says WH Press Secretary
White House Press Secretary Sarah Huckabee Sanders touts President Trump's support for printed gun bans.
Cody Wilson Takes Gun Plans Offline After Judge Issues Restraining Order
But thanks to the internet, it may not matter.
Federal Judge Breaks Up Albuquerque's Car Theft Ring
A new ruling says the city's civil forfeiture program violates the right to due process.
3 Things People Don't Get About the Homemade Gun Making Story
The government's decision to settle a lawsuit with Defense Distributed doesn't change anything significant. It's not Trump's fault. And the underlying case was as much about free speech as it was about guns.
Facebook Removes More Fake Pages Trying to Make You Mad About Politics
If you were planning to attend an anti-right rally in D.C. next week, we've got some awkward news for you.
Kevin McCarthy Wants Twitter to Kick Out a Congressional Candidate
...after months of complaining that social media companies censor too much.
Colorado Police Mistakenly Kill an Armed Man Defending His Home
An officer with the Aurora Police Department is on paid leave after confusing an armed homeowner with the intruder he shot and killed.
Hundreds of Floridians Ordered to Surrender Guns Thanks to 'Red Flag' Law, Report Says
Critics say the "red flag" law is violating Floridians' constitutional rights.
8 States Sue Federal Government, Defense Distributed Over Gun-Making Computer Files
The states allege that the Feds decision to settle its lawsuit with Defense Distributed violates administrative procedure law and the states' 10th Amendment rights.
Likely Sarcastic Facebook Post Can't Justify Arrest of Author for Threats
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.
'Abortion Is Murder' Isn't a Winning Argument for Pro-Life Conservatives
It is both philosophically and strategically wrong.
What Janus Got Right -- and Wrong
Compelled Subsidies and the First Amendment -- a new article with co-blogger Eugene Volokh, forthcoming in the Harvard Law Review
Defense Distributed Sues New Jersey, Los Angeles Over Legal Threats
The authorities threatened the gun-making software and hardware company. Now the company is striking back, citing its First and Second Amendment rights.
Gun Control Groups Fail to Stop Distribution of Gun-Making Computer Files
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.
ACLU Accuses Memphis Police of Monitoring the Private Communications of Black Lives Matter Activists
Domestic surveillance in Tennessee.
Sacha Baron Cohen Duped Republican Lawmakers Into Saying Some Really Stupid Things
The Borat comedian's new "Kinder Guardian" videos put lawmakers in cringe-worthy light.
School District Provides $25K + Apology to Student Barred from Wearing "Trump Border Wall" T-Shirt
A follow-up to the May federal court decision holding that the school district's actions violated the First Amendment.
Twitter Sucks Because We Suck. Don't Blame @Jack
If social media feels like a cesspool, don't go swimming.
Cleveland City Councilman Got Order Requiring Two Citizen Critics to Stay 500 Feet Away from Him
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.
