Civil Liberties
The Limits of Textualism and the Union Agency Fee Case
I'm all for carefully reading the words of the Constitution, and applying the distinctions that it draws -- but we need to make sure we're understanding just what those distinctions are.
Our Largely Non-Libertarian Constitution
Many restrictions on liberty may be unwise and wrong -- but not unconstitutional.
Why There's No First Amendment Problem With Compulsory Union Agency Fees
Will Baude and I have cosigned a new amicus brief on this in Janus v. AFSCME.
D.C. Prosecutors Dismiss 129 Inauguration Day Protest Cases
The government now says it will prosecute only those it can prove committed specific criminal acts.
Meet the Republicans Who Care About Surveillance Abuse Only When Trump's the Target (UPDATE: Trump Signs 702 Bill)
They voted to expand federal snooping. Now they're outraged about how it's used.
The Originalist Case for Jury Nullification
Is there a place in our system for a jury to acquit because the jurors believe the underlying law is unconstitutional?
Contempt Proceedings to Enforce YouTube Personality's Secret Speech-Restrictive Settlement Agreement
The latest twist in the Barley House case -- and my attempt to intervene.
Photographing Someone Being Arrested Doesn't Count as "Stalking"
Because "there is a First Amendment right to videotape police officers while they are conducting their official duties in public," that right applies even over the objections of the people being arrested by the officers.
Jeff Flake Highlights Donald Trump's Rhetorical Kinship With Censorious Autocrats
The crucial difference is not temperamental but institutional.
No First Amendment Right to Display Van as "Lawn Ornament"
And that's so even if the van is red, white, and blue.
Does Jury Nullification Undermine the Rule of Law?
In theory, yes. But not in the world we actually live in, where law enforcement is already rife with numerous discretionary decisions made unavoidable by the fact that we have far too many laws.
What's Missing from John McCain's Criticism of Trump's Media Attacks
McCain and Jeff Flake are right to slam the president's juvenile rhetoric, but questionably blame Trump for global trends while neglecting the press crackdowns of his predecessor.
4th Circuit Approves Imprisonment of Sex Offender Convicted of a Nonexistent Crime
Although his conviction was invalid, the appeals court says, his civil commitment as a "sexually dangerous person" remains legal.
'Fake News' Is Not an Excuse to Regulate the Internet
Both Democrats and Republicans are missing the mark when they call for the government to control the flow of information on the internet.
Prosecute Former Spymaster James Clapper for Lying to Congress Now. Time is Running Out.
The former Director of National Intelligence lied under oath about warrantless NSA spying on American citizens.
18 Senate Dems Who Should Turn in Their '#Resistance' Membership Cards
Sen. Claire McCaskill and her Democratic colleagues had a chance to check the Trump administration's surveillance powers on Tuesday. They failed.
Stop Warrantless Snooping on Americans
The NSA's surveillance of international communications is not limited to "foreign bad guys on foreign land."
Senate Votes to Shut Down Rand Paul Filibuster Against Surveillance Act Renewal
Lawmakers will advance legislation that expands the power of the feds to snoop on American citizens.
Lebanon Bans "The Post"
The reason: Steven Spielberg shot some scenes for Schindler's List in Israel.
If Aziz Ansari Were a College Student, He Could Have Been Expelled for Less
Campus Title IX policies punish male students for similarly problematic sexual encounters.
NYC Police Union Argues Releasing Body Cam Footage Violates Cops' Civil Rights
Suing to prevent such releases.
Court Kills Most of Idaho's Law Against Secret Farm Recordings
A likely-fatal blow to to the state's censorious "ag gag" law
Court Vacates Ban on "Memes" That Depict Local Community Activist
Richard Rynearson's online criticisms of Clarence Moriwaki, the court held, were protected by the First Amendment, and thus couldn't justify an antistalking order.
James O'Keefe Panders to Populist 'Conservatives' Who Think Silicon Valley Is the Greatest Threat to Freedom
They used to call themselves supporters of limited government. Some still do.
House Votes to Renew, Expand Authority to Snoop on Americans
Push by lawmakers for stricter warrant requirements fails.
This Marijuana Reform T-Shirt Cost Iowa Taxpayers Half a Million Bucks
The state will pay damages and legal fees for violating the First Amendment rights of ISU activists.
The Phony Feminism of Kamala Harris
Harris only cares about other women's rights when those rights don't conflict with her career ambitions.
Trump Tweets Opposition to His Own Position on Federal Surveillance Laws
Hours later he walks it back.
No, Trump Still Can't Outlaw Mocking Him
When it comes to "opening up" the First Amendment, the president's bark is worse than his bite.
Florida Couple Fined $50 Per Day for 'Illegal' Treehouse on Their Own Property
Cited for building the treehouse without a proper permit, the family must now file for permits to tear it down.
Amash, Paul, and Others Trying to Stop Congress from Expanding Domestic Surveillance Powers
House to vote on a bill that would codify unwarranted searches of Americans' communications.
Kamala Harris Now on Senate Judiciary Committee; Bad News for Second Amendment
The former California attorney general has a long history of hostility to Second Amendment rights.
Exchanging Dirty Jokes Is Now a 'Sexual Relationship' at George Washington University
Fired chemistry professor is suing the school.
New Jersey Prisons Back Off Ban of The New Jim Crow, But Censorship Behind Bars Is Still Widespread
Texas alone bans 10,000 books, including The Color Purple and Where's Waldo?
Federal Agencies May Be Regularly Hiding Surveillance Methods in Criminal Cases
"This use of secret evidence may be occurring regularly in cases throughout the country."
Washington, California Trying to Punish Businesses that Overly Cooperate with Feds on Immigration
Motel 6 sued for passing names along to ICE.
Warning: The President Wants to Censor 'Fake News'! The President of France
Politicians cast attacks on them as attacks on democracy. How self-serving.
GAO Agents Tried 72 Times, Failed to Buy Guns on the (Normie) Internet
Their attempts on the dark web had a less than 25 percent success rate
What Is Hate Speech? We Asked College Students
Should the U.S. join other countries in regulating certain speech? Can people even agree on what 'hate speech' is?
Demise of Trump Voter Fraud Commission Is a Victory for Federalism
The President shut down the commission because numerous states refused to turn over voter data, citing concerns about privacy and state sovereignty.
Doctors Call for Decriminalization of Self-Induced Abortion
With abortion pills easily accessible online, the issue could be a big one in coming years.
Lindsay Lohan, Grand Theft Auto V, the First Amendment, and the Right of Publicity
An amicus brief we recently filed in an interesting and important New York high court case.
Will the Government Ban Human Driving?
Do we need a constitutional amendment guaranteeing the right to drive?
