What Is the SEC Hiding?
To settle with the Securities and Exchange Commission, you must swear silence.
Civil Liberties
No Domestic Violence Restraining Order Based on Allegations of "Gaslighting"
"Lily accused Gunther of 'Gaslighting' (underscoring omitted) by denying he suffered from steroid-induced rages during their marriage and denying Lily's contributions to Gunther's career success."
Sean McMeekin: Don't Whitewash the History of Communism
Historian Sean McMeekin dissects how communism has enduring and resurgent appeal in the West despite its history of violence and economic disaster.
Costs and Benefits of Due Process
How should we weight the costs and benefits when we conduct due process balancing?
Little Rock, Arkansas, Drops Intrusive, Ineffective ShotSpotter System
For all the money spent on it, the gunshot detection system has a spotty record at best.
The Best of Reason: How the Fair Housing Act Gave Us Emotional Support Parrots
The right to a reasonable accommodation has produced some absurd results.
"Bloggers, Xers, Facebookers, YouTubers, Instagrammers, and Others" Have Right of Access to Court Proceedings,
including the right to videorecord, given that state law (unlike federal law) provides for such videorecording for the mainstream media; so holds the Ohio Chief Justice.
Public Opinion and Due Process
Do we agree with Blackstone that it is better that ten guilty persons escape than one innocent suffer?
New Hampshire's Bad Parenting Bill Is a Nightmare
"I happen to be a tax-and-spend liberal," says Richard Wexler, "but this bill provides not one iota of additional help."
Life, Liberty, and the Right To Shitpost
Generative AI is a powerful tool for creativity and speech. Efforts to censor, regulate, and control it threaten America's tradition of open discourse.
Louisiana's Puzzling Prosecution of a New York Abortion Doctor
Prosecutors claim the case is about coercion. So why isn’t that the charge they are bringing?
Journal of Free Speech Law: "Beyond the Editorial Analogy: First Amendment Protections for Platform Content Moderation After Moody v. NetChoice,"
by Kyle Langvardt & Alan Z. Rozenshtein.
Due Process Is Timely
The Supreme Court's recent civil forfeiture ruling and why due process matters today.
Liking Post That Contains Porn Deepfake Can Lead to Liability, Court Says in Megan Thee Stallion Lawsuit
At least this is so when defendant "also ... allegedly directed viewers of her post to click on her 'Likes' page where the video had been archived" (not clear what the judge would have thought if the case involved solely the "like").
Megan Thee Stallion's Defamation Lawsuit Against "Online Personality" "Milagro Gramz or Mobz World" Can Go Forward
Plus, does speech about a celebrity become "intentional infliction of emotional distress" when the celebrity is known to have been "trauma[tized]" by a violent crime?
This Judge Tried To Get Out of Jury Duty by Saying Everyone Appearing Before Him Is Guilty
"I know they are guilty," otherwise "they would not be in front of me," said town justice Richard Snyder, who resigned in December.
Trump Is Flat-Out Lying About the 60 Minutes Interview With Harris
The full transcript shows the president's complaints about the editing of the interview are not just wildly hyperbolic and legally groundless. They are demonstrably false.
Transcript Proves the 60 Minutes Scandal Was Always Fake
Donald Trump's complaints were always meritless, but CBS' capitulation sets a dangerous precedent for the future of the news media.
"Title VI Must Be Applied Consistent with First Amendment Principles"
A federal district court discusses how the First Amendment limits liability for "hostile environment harassment" based on "speech on matters of public concern" in universities (public or private). And the reasoning may extend to Title VII liability on workplaces as well.
How the FCC's 'Warrior for Free Speech' Became Our Censor in Chief
Brendan Carr has a clear record of threatening to suppress constitutionally protected speech.
Nico Perrino: What the Trump-Musk Alliance Means for Free Speech
FIRE’s executive V.P. discusses the Biden administration's failures, Donald Trump and Elon Musk’s influence on free speech, and the most pressing First Amendment issues facing the U.S. today.
Paramount Shouldn't Fold to Trump
Settling Trump’s CBS lawsuit won’t buy peace—it will sell out press freedom.
No, Elon: It Isn't Illegal To Boycott X
Elon Musk sues seven more companies for pulling advertising from his platform.
How the Fair Housing Act Gave Us Emotional Support Parrots
The right to a reasonable accommodation has produced some absurd results.
Why Is Paramount So Keen To Settle Trump's Laughable Lawsuit Against CBS?
The company is worried that the president's complaints about a 60 Minutes interview with Kamala Harris could block a pending merger.
No One-Sided Pseudonymity in Case Against Political Candidate Alleging Revenge Porn
“Plaintiff has not conducted this litigation as though it involves matters of a highly sensitive and personal nature—instead, she would cloak herself in pseudonymity, and the protections it affords, while publicly lobbing allegations at Defendant by name.”
The 5th Circuit Says the Federal Ban on Handgun Sales to Young Adults Is Unconstitutional
The government failed to persuade the appeals court that 18-to-20-year-olds are not part of "the people" or that the age restriction is consistent with the "historical tradition of firearm regulation."
The University of Tennessee Nearly Expelled a Student for Racy Tweets, Now Agrees To Pay Her $250,000
The settlement vindicates Kimberly Diei's First Amendment right to comment on sexually explicit rap songs without suffering government retaliation.
