Civil Liberties
Trump's Abortion Stance Is Convenient, but That Does Not Mean He's Wrong
His embrace of federalism is one of those rare instances when political expedience coincides with constitutional principles.
Try, Try Again
Plus: Trump's abortion principles, celebrating Larry David, a bizarre Chechnyan music crackdown, and more...
Pennsylvania Trial Court Rejects Pseudonymity in Defamation Suit Over Sexual Assault Allegations
(as well as other allegations).
Embracing a Federalist Approach to Abortion, Trump Condemns Democrats As 'Radical'
The former and would-be president is keen to avoid alienating voters who reject both kinds of extremism on the issue.
Georgia Independent Bookstore Sues Jail Over Policy Banning Book Shipments
Officials claim the policy is intended to prevent people from smuggling in contraband, but it allows shipments from Amazon and Barnes & Noble.
No Pseudonymity for Porn Copyright Infringement Defendants, Says One Judge
The cases on the subject are sharply split, reflecting how ill-defined the law of pseudonymous litigation is.
Baptists, Bootleggers, and IVF in Alabama
Did the Alabama legislature's response to a controversial state supreme court decision give a special interest special treatment?
Florida Appellate Court Disqualifies Judge in Gender-Transition Child Removal Case
Did the judge's remarks "suggest[] she had predetermined that the father had no right to oppose gender transition or otherwise direct the child's upbringing based upon his moral and religious beliefs"?
A Cop Shot Her 11-Year-Old Son. Now She Might Lose Custody of Her Kids.
The local prosecuting attorney in Sunflower, Mississippi, is seeking to take away Nakala Murry's three children.
Colorado Legislators Ditch Plan To Ban Guns in Dozens of 'Sensitive Places'
The amended bill applies only to schools, polling places, and certain government buildings.
Kansas Police Seized Her Truck. It Took Her 8 Months To Get it Back, Despite Never Being Charged With a Crime.
Dewonna Goodridge quickly discovered that Kansas civil asset forfeiture laws were stacked against her when sheriff's deputies seized her truck.
Kurdish Protesters Managed To Stop Election Cheating in Turkey
The Turkish government tried to hand over a mayorship to someone who only got 27 percent of the vote. Residents just weren’t having it.
Second Circuit Rules that a "Passive Park" Qualifies as a Public Use Authorizing Use of Eminent Domain - Even if this Rationale is a Pretext for a Desire to Block Private Owners' Plan to Build a Hardware Store
The case raises an important issue about what qualifies as a "pretextual" taking. It's a rare takings issue on which I don't have a clear position.
A Magical World Where Government Discriminates Against the Nonmagical
The anime Mashle: Magic and Muscles offers an absurdist metaphor for politically driven discrimination.
In California and Elsewhere, Fear of Crime Drives the Surveillance State
Concerns about public safety will eventually recede, but Big Brother will still be watching.
Federal Appeals Court Says Texas Inmate's Decade-Long Lawsuit Over Sleep Deprivation Can Keep Going
Michael Garrett and other Texas inmates get less than four hours of sleep a night. He argues it's cruel and unusual punishment.
Journal of Free Speech Law: "Lies and the Law: An Introduction," by Prof. Genevieve Lakier
The final article posted from the Knight Institute’s Lies, Free Speech, and the Law symposium.
Journal of Free Speech Law: "Weaponized from the Beginning," by Prof. John Fabian Witt
The eleventh of twelve articles from the Knight Institute’s Lies, Free Speech, and the Law symposium.
Kansas Police Facing Lawsuit After Conducting 'Illegal' Raid Against Small-Town Paper
Last year, the offices of the Marion County Record were raided by police. A new lawsuit claims the search was illegal retaliation against the paper.
The 3 Body Problem's Chilling Social Media Parallel
From struggle sessions to cancel culture, the story depicts the terrors of surveillance authoritarianism.
Defending Pornography in the Age of Safe Spaces: A Q&A With Nadine Strossen
The civil liberties lawyer talks to Reason about the misguided impulse to attack free speech in the name of protecting women.
Biden's Florida Test
Plus: IDF scandal, Latin America's "small penis club," Havana syndrome, and more...
Journal of Free Speech Law: My "When Are Lies Constitutionally Protected?"
The tenth of twelve articles from the Knight Institute’s Lies, Free Speech, and the Law symposium.
Journal of Free Speech Law: "Epistemic Disagreement, Institutional Analysis, and the First Amendment Status of Lies," by Prof. Mark Tushnet
The ninth of twelve articles from the Knight Institute’s Lies, Free Speech, and the Law symposium.
Pioneer Institute Hubwonk Podcast on Exclusionary Zoning and the Takings Clause
In interview with Joe Selvaggi of the Pioneer Institute, I explain the harm caused by exclusionary zoning, and why it violates the Takings Clause of the Fifth Amendment.
Who Can Sue the Food and Drug Administration?
If doctors cannot sue the FDA for failing to restrict pharmaceuticals or other products, can anyone else? And if not, is this a problem?
Journal of Free Speech Law: "Democracy Harms and the First Amendment," by Prof. Deborah Pearlstein
The eighth of twelve articles from the Knight Institute’s Lies, Free Speech, and the Law symposium.
Parents Investigated for Letting 7-Year-Old Get a Cookie From the Store
"You just can't raise kids like that anymore—it isn't safe," the cops told the Widner family.
Will J.K. Rowling Do Time?
Plus: Mnuchin's TikTok folly, Trump's April Fools' joke, Andy Warhol's muse, and more...
Christopher Yoo on Regulating Social Media Platforms as "Common Carriers"
The Univ. of Pennsylvania legal scholar makes the most thorough critique yet of this approach to justifying regulations that bar social media firms from engaging in most types of content moderation.
Journal of Free Speech Law: "Distrust, Negative First Amendment Theory, and the Regulation of Lies," by Prof. Helen Norton
The seventh of twelve articles from the Knight Institute’s Lies, Free Speech, and the Law symposium.
Minor Third-Order-Procedure Decision in Walters v. OpenAI Large Libel Models Lawsuit
Procedure about procedure about procedure.
Turkey's Strongman Had a No Good, Very Bad Weekend
The Turkish opposition ran circles around President Recep Tayyib Erdogan's party in local elections. It could be the beginning of the end of his 20-year reign.
Defending Pornography on Feminist Grounds: A Q&A With Nadine Strossen
"There were many of us who opposed censoring pornography...precisely because of our commitment to feminist goals and principles," says the former ACLU chief.
Journal of Free Speech Law: "Anonymity, Identity, and Lies," by Prof. Artur Pericles L. Monteiro
The sixth of twelve articles from the Knight Institute’s Lies, Free Speech, and the Law symposium.
Abortion Fallout
Plus: Illegal homes in California, Erdogan's party does poorly in local elections, and more...
No Right to Be Forgotten for Defendant in Civil Case
"To the extent that Kavadia asks the Court to order that public reporting about this case be removed from the Internet, such an order would blatantly violate the First Amendment."
Journal of Free Speech Law: "Fake News, Lies, and Other Familiar Problems," by Prof. Sam Lebovic
The fifth of twelve articles from the Knight Institute’s Lies, Free Speech, and the Law symposium.
Journal of Free Speech Law: "Protecting Public Knowledge Producers," by Prof. Heidi Kitrosser
The third of twelve articles from the Knight Institute’s Lies, Free Speech, and the Law symposium.
