Civil Liberties
ICE Tells Legal Observer, 'We Have a Nice Little Database, and Now You're Considered a Domestic Terrorist'
The video is the latest example of federal immigration authorities labeling anyone who opposes them a "domestic terrorist."
"Buckley and the Appearance of Corruption Standard," by David M. Primo
"What social science can tell us."
"American Democracy and the Actuality of Corruption," by Jeff Milyo
"Buckley v. Valeo confines campaign finance regulation to actual corruption, rather than amorphous claims about 'undue influence.'"
ICE Demonstrates Why We Need the Second Amendment
The right to keep and bear arms is about resisting tyranny.
ICE Turns Lawyers Away at Minneapolis Detention Facility
As arrests surge under “Operation Metro Surge,” attorneys say the Trump administration is again denying detainees meaningful access to counsel.
Executive Order Banning Flag-Burning Jeopardizes Flag-Burner's Prosecution for Illegal Fire Lighting in National Park
The Order raises the inference that his actions were targeted for their message; without the Order, there would have been a much stronger inference that he was prosecuted just for the illegal fire lighting (in violation of valid park safety regulations).
Border Patrol Seized Her $40,000—Without Charging Her With a Crime
"We created a monster," says Brad Cates, who helped write civil forfeiture laws as director of the Justice Department's Asset Forfeiture office.
Lawsuit Alleges New York Holds Juveniles in Solitary Cells Without Toilets
"Youth must ask to be released from their cells to use the bathroom or be forced to use garbage pails, water bottles, food containers, or buckets to relieve themselves," the lawsuit says.
Rand Paul Turns Against Section 230, Citing YouTube Video Accusing Him of Taking Money From Maduro
After Google refused to take down a video of him, the Kentucky senator suggested upending the legal framework undergirding the internet for three decades.
"The Enduring Legacy of Buckley v. Valeo," by Floyd Abrams
"Despite sustained criticism from all sides, Buckley's core principle persists: government cannot ration political speech."
Local Official Sues for Libel over Allegations That He Has "Severe Mental Health Issues"; Court Says …
"truth is an absolute defense."
SCOTUS Seems Inclined To Reject Hawaii's Default Rule Against Guns on Private Property Open to the Public
The state requires carry permit holders to obtain advance permission before bringing firearms into businesses.
Video Shows Miami Beach Detectives Questioning Woman Over Facebook Post Criticizing Mayor
FIRE condemned the police visit: "This blatant overreach is offensive to the First Amendment."
"The Buckley Principles," by Lee E. Goodman
"The core First Amendment principles of Buckley v. Valeo endure after fifty years."
Buckley v. Valeo: A Retrospective Series
The introduction to an Institute for Free Speech symposium, which I'll be cross-posting over the next couple of weeks.
This 1996 Law Protects Free Speech Online. Does It Apply to AI Too?
Excluding generative AI from Section 230 could stymie innovation and cut off consumers from useful tools.
How the FCC Became the Speech Police
The constitutionally anomalous status of broadcasting invites government meddling.
'We Cannot Be Afraid To Do Something Because the Left Might Do It in the Future'
Vice President J.D. Vance on the nature of power
Ohio State Student's Posts Urging "Resistance and Escalation" in Response to Israel's Actions in Gaza Protected by First Amendment
So holds a court, reversing student Guy Christensen's "disenrollment." The student also wrote, responding to the murder of two Israeli embassy employees in D.C. outside the Capital Jewish Museum, "I do not condemn the elimination of those two Zionist officials."
Federal Agents Used a Battering Ram to Enter a Minneapolis Home Without Valid Warrant, Video Shows
“Any American should be terrified by…such an egregious violation of the Fourth Amendment,” said the arrestee’s attorney.
Florida Governor Candidate Proposes 50 Percent Tax on OnlyFans Creator Revenue
"I will not allow a generation of smart and capable young women to sell their bodies online," said Republican gubernatorial hopeful James Fishback.
Multi-Billion Dollar Corporation Drops Suit Against Inter-American Development Bank, After Court Holds It Can't Sue as "Doe Corporation"
The case helps illustrate why the legal rules surrounding when parties can litigate under pseudonyms are so important.
19 States That Legalized Marijuana Use Nevertheless Say It Should Disqualify People From Owning Guns
They are joining the Trump administration in urging the Supreme Court to uphold a federal law that disarms "unlawful" drug consumers.
No, ICE Agents Do Not Have 'Absolute Immunity' From State Prosecution
How J.D. Vance misstated the law.
Video Shows Border Patrol Threaten Legal Observer in Key Largo for Following Him
Every federal circuit court that has considered the issue, including the one covering Florida, has upheld a First Amendment right to monitor and record the police.
Trump 2.0, Year 1: A Libertarian Nightmare
Trump's second term lurches forward, powered by monarchical authoritarianism
'Pregnant? Don't Want To Be?' Ads at South Dakota Gas Stations Spark First Amendment Battle
Mayday.Health ads that direct people to an informational website about abortion access are deceptive advertising and must be banned, the state argues. That’s unconstitutional, counters Mayday.
Google Missed Key Deadline in Suit Alleging Google's AI Libeled Business, Court Holds
A federal district court rules that the case should go back to Minnesota state court, rather than being in federal court.
Court Refuses to Seal Case Involving Government's Motion to Authorize Disclosure of Tax Returns
"The substantial public interests implicated by questions of the proper scope of Executive power and the statutory limits on access to tax information warrant public disclosure. While this case, and ... this decision, are now unsealed, the underlying Application and its supporting materials will remain under seal, at least while the investigation remains active ...."
First Amendment Protects Islam Expert's Post-Sept. 11 Speech Urging People to Join Taliban
So a Fourth Circuit panel held today, vacating the defendant's convictions from 2005.
Constitutional to Expel Law Student for Writing "[W]hatever Harvard Professor Noel Ignatiev Meant by … '[A]bolish the White Race by Any Means Necessary' … Must Be Done with Jews"
An Eleventh Circuit panel concludes (by a 2-1 vote) that this is likely the right result.
DHS Invokes Immigration Enforcement To Justify Gathering Americans' DNA
A proposed rule change would allow routine gathering of biometric data without a warrant.
Why Insulting Brigitte Macron Online Can Mean Prison Time in France
Ten Frenchmen were given fines, jail time, and social media bans for accusing their first lady of being a pedophilic gay man.
