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Civil Liberties
Journal of Free Speech Law: "What Did Gitlow Do?," by James Stern
From the "Gitlow v. New York at 100" symposium, held this year at the Arizona State University Sandra Day O'Connor College of Law; other papers from that symposium will be published here in the coming weeks.
No, SCOTUS Did Not 'Invent' Judicial Review in Marbury v. Madison
The Supreme Court’s power to nullify legislative and executive acts is inherent in the Constitution.
Second Circuit Upholds Injunction Protecting Speech About "Abortion Pill Reversal"
Such speech by the National Institute of Family & Life Advocates in this case, the court concluded, was noncommercial speech that was subject to broad First Amendment protection, rather than less protected "commercial speech."
Hegseth's Alleged Order To 'Kill Everybody' Complicates Trump's Defense of His Murderous Anti-Drug Campaign
Even if you accept the president's assertion of an "armed conflict" with drug smugglers, blowing apart survivors of a boat strike would be a war crime.
Journal of Free Speech Law: "Suspicion, Deference, and the First Amendment," by Helen Norton
From the "Gitlow v. New York at 100" symposium, held this year at the Arizona State University Sandra Day O'Connor College of Law; other papers from that symposium will be published here in the coming weeks.
Lawmakers To Consider 19 Bills for Childproofing the Internet
KOSA is back, along with more than a dozen other bills that will erode free speech and privacy in the name of protecting kids.
Showing Plaintiffs' House in an Ad for Netflix Real Estate Reality Show Isn't Actionable Invasion of Privacy,
even if it leads people "to visit plaintiffs’ home 'on a daily basis' asking to see it and claiming they learned it was for sale through the Buying Beverly Hills advertisement."
The 'Free' World Is Coming for Your Private Messages
Nobody expects China or Iran to protect privacy. But as seen in the European debate over chat control, even nominally free countries are becoming intrusive when it comes to the digital world.
Journal of Free Speech Law: "The Enigma of Gitlow: Positivism, Liberty, Democracy, and Freedom of Speech," by Robert Post
The keynote address from the "Gitlow v. New York at 100" symposium, held this year at the Arizona State University Sandra Day O'Connor College of Law; other papers from that symposium will be published here in the coming weeks.
The Pentagon and the FBI Are Investigating 6 Legislators for Exercising Their First Amendment Rights
The Trump administration is desperately trying to criminalize a video noting that service members have no obligation to follow unlawful orders.
Texas Man Faces Up to 40 Years in Prison for Transporting Constitutionally Protected Pamphlets
The government treats anarchist zines as evidence of terrorism.
Elon Musk's 'Account Based In' Feature Has Already Improved X
Foreign grifters are posting clickbait to make money from X's revenue-sharing program.
Councilman's Threatening Outside Counsel Law Firm into Firing Attorney May Violate First Amendment
"A Nashville city councilman threatened to withdraw business from a law firm, which served as the city's outside counsel, due to the position one of its attorneys took as the chair of the county election commission on a tax referendum."
How ICE Is Watching Your Thanksgiving Drive
ICE and Border Patrol are using license plate cameras for extensive domestic surveillance.
Trump's Habitual Charges of 'Treason' Reflect His Authoritarian Impulses
The president’s reaction to a supposedly "seditious" video illustrates his tendency to portray criticism of him as a crime.
"Spy" vs. "Spy" (+ Piers Morgan, President Biden, and the Iranian Nuclear Weapons Program)
If someone was prosecuted (and later pardoned) for being an unregistered foreign agent for Iran, is it defamatory to say he was prosecuted for "spying"?
'Catch Kits' for Fetal Remains Are Republicans' Latest Dystopian Plan To Punish Abortions
GOP lawmakers in Wisconsin and elsewhere are pushing the idea that abortions are a water quality issue.
University's Apparent Concealment of Real Reasons for Non-Renewal of Adjunct Professor's Contract Suspended Statute of Limitations
"The [eventually released personnel] records contain no negative performance reviews, but they do contain three anonymous complaints. Those complaints accused Grossenbach of 'creat[ing] a hostile environment for transgender and LGBTQ students' in connection with his SaveCFSD activities [allegedly referring solely to Grossenbach's outside-class political activity -EV], among other things."
Mass Surveillance Is Powering a New Era of Pretextual Traffic Stops
An extensive network of automatic license plate readers is being used to develop predictive intelligence to stop vehicles, violating Americans’ rights.
What Would Bill Buckley Do?
The National Review founder's flexible approach to politics defined conservatism as we know it.
Exorcist Files vs. Jesus 911 Libel Suit
"The Defendants intentionally or recklessly invited public critique and scrutiny over Plaintiff's title as an exorcist by repeatedly asserting that the Plaintiff is not an exorcist."
Most Americans Think Free Speech Is on the Decline, Survey Finds
"Drops in confidence across all political parties contributed to the record-levels of pessimism," writes the Foundation for Individual Rights and Expression.
Covid Beach Closures, the Takings Clause, and the Police Power Exception
A recent 11th Circuit decision rightly ruled that mandatory Covid beach closures violated the Takings Clause. But the court overlooked the key issue of how to assess the "police power" exception to Takings Clause liability.
New Jersey Becomes First State To Bar 'Shaken Baby Syndrome' Testimony at Trial
Dozens of "shaken baby syndrome" convictions have been overturned over the years, but until now, no state court system has limited its use in criminal prosecutions.
Trump Says Legislators Committed Treason by Noting That Soldiers Are Not Obligated To Obey Unlawful Orders
The president's authoritarian response to a video posted by six members of Congress, who he says "should be arrested and put on trial," validates their concerns.
Some Democrats Urge the Military To 'Refuse Illegal Orders.' What if the IRS, ATF, and EPA Did the Same?
Much of what the federal government does on a daily basis flouts constitutional protections and offends human decency.
US News and World Report Article Urging Colleges to Reject Trump's "Compact" With Higher Education
I coauthored the article with four other legal scholars from across the political spectrum.
Tradwives Are Feminists, Too
Tradwives are fighting the cultural stigma that still remains around being a homemaker. That makes them damn good feminists.
Lindsey Graham Is Outraged About Federal Surveillance Powers That Lindsey Graham Helped Create and Expand
The government can look at your phone records whenever it wants, but it's a different story when we're talking about his metadata.
Is The Washington Post Becoming Libertarian?
The Washington Post opinion editor Adam O’Neal outlines his vision for a more classically liberal editorial voice, examines how both parties turned against free speech and free markets, and explains why the paper is ending political endorsements.
Eleventh Circuit Rejects Trump's Defamation Lawsuit Over CNN 2022 "Big Lie" Statement
President Trump "complained that, by using the phrase 'Big Lie' to describe his claims about the 2020 presidential election, CNN defamed him."
How Printing Presses Ignited the First Information Revolution
The printing press helped build libraries that were impossibly large by ancient standards. That created its own new challenges.
COVID Closure of Private Beach Access Constitutes a Taking
The Eleventh Circuit concludes "there is no COVID exception to the Takings Clause."
