After Gay Wedding Cake Ruling, Supreme Court Punts Floral Arrangements Case
Washington State told to revisit ruling against Arlene's Flowers.
Civil Liberties
A Quick Due Process Lesson for the President
It is well-established that everyone within the United States, even those who may have entered illegally or over-stayed a visa, are entitled to Due Process.
ACLU's David Cole Responds About ACLU and the Freedom of Speech [UPDATED with comments from former ACLU leaders Nadine Strossen and Ira Glasser] [FURTHER UPDATED with link to Kaminer's reply]
Is the ACLU becoming less committed to protecting free speech, especially speech that some view as "imped[ing] progress toward equality"?
Neil Gorsuch Joins Sonia Sotomayor in Questioning the Third-Party Doctrine
In a case involving cellphone location data, Gorsuch says entrusting information to someone does not mean surrendering your Fourth Amendment rights.
Huge Win for Everyone With a Cellphone (and for the Fourth Amendment) at the Supreme Court
SCOTUS rejects warrantless cellphone location tracking in Carpenter v. United States.
13-Year-Old Charged with Felony for Recording Conversation with School Principal
"If I do go to court and get wrongfully convicted, my whole life is ruined."
Stare Decisis and Judge-Made Law
What today's decision in South Dakota v. Wayfair might tell us about the future of qualified immunity
Leaked Internal Memo Reveals the ACLU Is Wavering on Free Speech
"Our defense of speech may have a greater or lesser harmful impact on the equality and justice work to which we are also committed."
How to Fight Inhumane Immigration Policies? Better Smugglers
Improving smuggling efforts isn't ideal, but it's better than just watching kids get torn from their families.
Upset About Facebook Invading Your Privacy? Be Glad You Don't Live in China
The dangers of government surveillance.
This Libertarian Community Organizer Wants To 'Free the People': Podcast
Matt Kibbe explains why "beer is freedom," and talks about his new documentary series with Rep. Thomas Massie, Off the Grid.
N.Y. Court Rejects Libel Lawsuit Based on Lawyer's Post on Harvard Law School's SHARIAsource Blog
It all began with a jurisdictional dispute over an Egyptian divorce proceeding and a New York divorce proceeding.
The Southern Poverty Law Center's Apology to Maajid Nawaz Is Bad News for Free Speech
Frivolous defamation lawsuits undermine the First Amendment.
The Year of the Punt, or At Least of the Bunt
Very narrow decisions -- or decisions not to decide -- in some more of the Supreme Court's most watched cases.
Can Police Arrest Person Carrying Gun Without First Checking If He's Licensed?
No, says the Illinois Appellate Court.
Australian Politician and Trans Activist Bridget Clinch Files "Gender Identity Vilification" Complaint Against Critic
Clinch seeks "an apology," "an undertaking from you not to post anti-trans or vilifying posts in future, and to remove those that are currently on your public Facebook profile," "a further undertaking from you to remove any anti trans and vilifying posts made by other people from your public profile," and "for you to participate in training about vilification, and trans' issues."
Encryption Wars Ramp Up As Apple Improves Phone Security
Law enforcement is upset, but data security is vital to prevent crimes.
Andrew Cuomo Pushes Bill That Would Make It Easy to Take Away People's Gun Rights
New York's governor favors "extreme risk protection orders" that could be obtained by a wide range of people based on little evidence.
SCOTUS Rules 7-2 Against State Law Banning 'Political' Attire at Polling Places
A big win for First Amendment advocates in Minnesota Voters Alliance v. Mansky.
Ban on "Political" Clothing in Polling Places Is Unconstitutionally "Unreasonable"
But a more precise ban on clothing in polling places (which the Court treats as "nonpublic fora") that mentions candidates, parties, or ballot measures may be constitutional.
Victory in Lawsuit Over Colorado's System of Private Enforcement of Campaign Finance Law
Federal Judge Raymond Moore applies strict scrutiny to a system with the power to restrict political speech and finds it unreasonable to outsource that power to anyone and everyone.
Katherine Mangu-Ward and I Podcasting About Crime-Facilitating Speech
My first foray into podcasting here at Reason, a discussion with Reason editor Katherine Mangu-Ward.
Unable to Ban Guns, Lawmakers Want to Weaponize the ATF Against Gun Dealers
Once again, lawmakers propose to use the regulatory state to punish people they don't like.
When Does Speech About Crimes Become a Crime?: Podcast
A conversation with Eugene Volokh about what's legal to publish and why-plus doxxing, lock picking, source protection, and more.
University of Michigan Realizes Facts Don't Care About Your Feelings, Changes Speech Policy
A day after DOJ joined free speech lawsuit, UM agreed to change policy that said "the most important indication of bias is your own feelings."
Department of Justice Backs Free Speech Lawsuit Against University of Michigan Bias Response Team
"The United States has a significant interest in the vigilant protection of constitutional freedoms in institutions of higher learning."
The EU's New Privacy Rules Are Already Causing International Headaches
It's not just email spam; GDPR has led companies to shut down access to sites and games.
You'll Soon Be Able to Manufacture Anything You Want and Governments Will Be Powerless to Stop It
From DIY guns to designer drugs, classic-car parts, and human livers, 3D printing promises a dynamic and uncontrollable world.
N.Y. Set to Criminalize Much "Verbal" "Abuse" of Under-18-Year-Olds Online
The N.Y. Senate just unanimously passed a bill that would do that.
16-Year-Old Distributed Child Pornography -- by Sending Sex Tape of Herself to Friends
So holds the Maryland Court of Special Appeals, affirming a juvenile court finding of responsibility.
Trump Continues Obama's Pursuit of Leakers by Snooping on Media Contacts
Former Senate Intel Committee staffer charged with lying about relationships with reporters covering Carter Page investigation.
Anthony Kennedy Disappointed Everybody in Masterpiece Cakeshop. No Surprise, He's Done It Before.
The mercurial justice lets everybody down, again.
Video Game Company Valve's New Content Policy for Online Store Steam Is Amazing
The company's hands-off, user-centered approach is a model other content platforms would do well to emulate.
You Don't Need a Local Lawyer to Get a Case Unsealed
Each one of us has the right to access court records, so we can just sue pro se (though it helps to know the legal rules).
"What a Company Decides to Put on Their Vehicle Is a Matter of Free Speech and the Market"
A tiny free speech victory.
Telling Trump to Stop Blocking Critics on Twitter Doesn't Affect the Platform's Rules
The First Amendment constrains speech regulation by the government, not by private parties.
Our Amicus Brief in Major Property Rights Case Currently Before the Supreme Court
I coauthored an amicus brief in an important takings case, on behalf of the Cato Institute, The National Federation of Independent Business, and several other organizations.
Sealed Case with Sealed Emergency Speech-Restrictive Injunction
How much do you trust judges to make such decisions without public scrutiny?
5 Years After Snowden, Has Anything Changed?
The government still snoops on its own citizens, but we're more aware of it-and we can push back.
Criminal Libel Laws Are Constitutional If They're Limited to Deliberate Lies
There's a New Hampshire prosecution for criminal libel of a police chief -- and it may well be legally viable, at least if the defendant's statement is seen as a knowingly false factual claim. [UPDATE, June 8, 2018: Charges have now been dropped.]
SCOTUS May Yet Approve Gay Wedding Cake Demands
Despite its ruling in favor of a Colorado baker, the Court remains hostile to religious exemptions from anti-discrimination laws.
President Trump Apparently Unblocking Twitter Critics, Even While Appealing the Decision
The court decision was just a declaratory judgment, and thus not strictly legally binding.
