Is the Right to Bear Arms Limited to Guns in Plain Sight?
The 9th Circuit has endorsed a distinction that does not jibe very well with modern attitudes.
Civil Liberties
Ninth Circuit: Second Amendment Secures Right to Carry Guns in Public
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).
Nikki Haley Warns Young Conservatives Against 'Owning the Libs'
"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?"
Attorney General Jeff Sessions Rails Against Campus Bias Response Teams
"Donald Trump doesn't believe anyone can tell him how to speak," said Sessions.
National Ban on Smoking in Public Housing Is Unconstitutional, Lawsuit Says
Tenants are challenging a HUD rule that requires local public housing authorities across the country to prohibit people from smoking in their homes.
Schumer: 'Sounding an Alarm' on 'Scary,' 'Dangerous' 3D Guns
The New York senator is scared that people will build semi-automatic weapons from the comfort of their homes.
Portland Food Cart Shuts Down Following Harassment by Occupy ICE Protesters
The Happy Camper provoked demonstrators' wrath by continuing to serve federal immigration officials.
Abortion, Clarence Thomas, and the Commerce Clause
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.
Secret Carter Page Surveillance Warrant Documents Released
Heavily redacted report shows the FBI believed former Trump aide was helping the Russians.
Statistics in NIFLA v. Becerra, the Crisis Pregnancy Center Disclosure Case
Check out how the majority and the dissent describe one aspect of the California disclosure rules.
House Committee on Un-American Activities
The Life and Death of a Hollywood Blacklist
Sometimes censorship is a public-private partnership.
Should Facebook Ban Holocaust Deniers and Professional Trolls?: Podcast
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.
"Indictment: Man Behind Cyberattacks Was Working for Wichita Lawyer"
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).
Mark Zuckerberg's Sister Simultaneously Rejects and Defends Facebook Censorship
Censorship is "nefarious." Unless it's being carried out by the government.
Do Offensive Social Media Posts Impugn the Criminal Justice System?
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.
Mark Zuckerberg Speaks Out Against Removing Holocaust-Denying Speech
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.
The Framers Did Not Know From 3D-Printed Guns. So How Can They Be Covered by the Second Amendment?
A former congressman suggests that homemade plastic guns can be banned because they did not exist in 1791.
In Defense of Mark Zuckerberg Letting Holocaust Deniers Use Facebook
Silencing hate isn't the same thing as squelching it.
'Good Guy With a Gun,' or Too Good to Be True?
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?
A Strategy for Jury Nullification Victories in Georgia
Catherine Bernard doesn't ask jurors to "nullify" the laws. She just urges them to perform the full range of their powerful jobs.
Florida Couple Gets to Keep Home's 'Starry' Paint Job; Mayor Must Publicly Apologize for $10,000 Fine
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.
When Code Is Speech, Tech Like 3D-Printed Guns Sees Greater Protection from Censorship
Gun owners can now enjoy First and Second Amendment safeguards.
Second Amendment Injunction Against California Ban on Large-Capacity-Magazines Kept in Place by Ninth Circuit
The panel concludes that the district court didn't abuse its discretion in issuing the injunction -- though the decision is non-binding.
Why Shouldn't a Free American Carry Hundreds of Thousands of Bucks in a Trader Joe's Paper Sack?
Entrapment prosecution of bitcoin exchangers highlights government's war on privacy.
Former President Obama Criticizes Leftist Shutdown Culture
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."
Judge Rescinds His Order That Had Required L.A. Times to Alter Story
The Times had published material from a plea agreement that was supposed to be sealed, but had been erroneously released by the court.
Putin Invokes JFK and MLK Assassinations in Weird U.S./Russia Comparison
"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?"
Laws Are for the Little People
Lots of government officials enjoy legal immunity with a wink and a nod. But in Arizona, immunity is actually official.
Should This Obnoxious Drunk Be Punished for His Political Views?
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.
'Concerned' Rand Paul Isn't Sure How He'll Vote on Kavanaugh Confirmation
The Kentucky Republican is worried about Kavanaugh's record on the Fourth Amendment.
Court Feels "Compelled to Express … Dismay at [SUNY Buffalo's] Cavalier Attitude Toward Petitioner's Due Process Rights"
"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."
"Judge Orders LA Times to Alter Story About Glendale Cop"
A brewing First Amendment controversy, triggered by newspaper's publishing information about a plea agreement in the policeman's prosecution -- the agreement was intended to be sealed, but was inadvertently briefly released unsealed on the docket.
Stormy Daniels Was Arrested Because of a Terrible Law That Threatens Free Expression
When you give law enforcement a tool that can be used to target someone who has unpopular views, they will use it.
Pepe the Frog Meets the Copyright Cops
When alt-right activists adopted this amphibian as their own, were they stealing a cartoonist's property or exercising free speech?
Religious Leader Demands Suppression of "Blasphemous" Plays
So report Czech media.
New Calls for the Supreme Court to Reconsider Qualified Immunity
Some unusual amicus briefs filed in support of cert. in Allah v. Milling
Kyle Kashuv, Parkland Survivor Turned Conservative Activist, on Gun Rights and Free Speech
"I get a lot of death threats, I don't even think I notice them anymore."
Yes, 'Hate Groups' Can Hold Meetings in Libraries, Too
The American Library Association is facing criticism for reaffirming First Amendment rights.
Citing 'Public Safety,' University of Kansas Removes Flag Artwork That Made Republicans Upset
"This display has generated public safety concerns for our campus community."
Judge Kavanaugh and Justice Kennedy's Free Speech Legacy
Justice Kennedy was the most speech-protective justice on a speech-protective court. What happens to free speech once he is replaced?
First Circuit Holds Most Anti-Libel Injunctions Are Unconstitutional
Federal and state courts are divided on whether such injunctions are constitutional, and the U.S. Supreme Court has not weighed in.
Will New Mom Cardi B Raise an Insurrectionist Army Against Government Tyranny?
Probably not, but the new mom does support the "insurrectionist" theory of Second Amendment rights as a bulwark against tyranny.
Lawyers Say Michelle Carter Had a First Amendment Right to Tell Her Boyfriend to Kill Himself. They're Right.
"Carter's words encouraging Roy's suicide, however distasteful to this Court, were protected speech."
College Football Player Who Lost Scholarship Over YouTube Videos Can Sue School, Court Rules
Donald De La Haye says the University of Central Florida violated his First Amendment rights.
Owen Wilson Got Fat! And More Fake News That Shouldn't Be Regulated
We headed to the Venice Beach boardwalk to test the bullshit detectors of passersby.
FBI Agent Who Accidentally Shot Someone While Dancing Gets to Keep His Gun
An agent who accidentally shot someone while dancing can't be around alcohol, but can keep his gun.
