Civil Liberties
Criticisms of Obamas (Including Racist Ones), Plus Other Speech, Didn't Qualify as Race-Based Workplace Harassment
So holds an Eleventh Circuit panel; Judge Andrew Brasher's concurring opinion that notes the potential First Amendment problems with imposing liability for such speech.
Aella: Is Porn Too Pervasive?
The former OnlyFans star and outspoken libertarian defender of sex workers considers the acceleration of government crackdowns on online porn, the sexual revolution, and sex work.
An Iowa Man Published Body Camera Footage From His Arrest. The Cops Are Suing Him for Defamation.
Tayvin Galanakis was arrested last year on suspicion of intoxication, even after a Breathalyzer showed he was sober.
Old gun controls that were constitutionally repealed are not precedents for modern gun control
Amicus brief in Supreme Court's Second Amendment Rahimi case
Minnesota's Top Court Rebukes Cops Who Searched a Car After Claiming To Smell Pot That Wasn't There
In light of the state's marijuana reforms, the court says, the odor of weed is not enough to establish probable cause.
Amicus Briefs in Volokh v. James, the Second Circuit Case Related to Social Media "Hate Speech" Policies
"For the most part, the American Civil Liberties Union, Young Americans for Freedom, and the Babylon Bee don't see eye to eye."
#TheyLied Plaintiff Suing for Defamation Over Sexual Misconduct Accusations Can't Use Subpoena to Unmask Pro-Defendant GoFundMe Organizers
"The subpoena is ... a classic ‘fishing expedition’ in constitutionally protected waters.”
Reptile Is a Gloomy Cop Thriller About Law Enforcement Self-Dealing
With subplots about bite mark evidence and asset forfeiture, it's a parade of shady cop practices.
Records of Library Removal Requests, Like Other Library User Records, Are Exempt from State Public Records Law
The case stemmed from user challenges asking that a public library remove Gender Queer: A Memoir, or at least keep children from getting it.
Schools Are Normalizing Intrusive Surveillance
Kids will grow up to value freedom only if they’re raised in an environment where it’s treated as good.
No California Bar Discipline for Lawyer Who Tweeted "They Should Be Shooting the Looters" and "Shoot the Protesters"
"Respondent presented this court with a credible and reasonable interpretation of the meaning behind her words, i.e., that she posted the above-noted tweets as an expression of her anger, fear, and frustration with the violence taking place around her and in disagreement with some of the sentiments she saw being expressed by others on Twitter."
Yascha Mounk: Avoiding The Identity Trap
How to battle identity politics and defend liberal values of universalism, free speech, and open inquiry
Is There Too Much Porn?
Join Reason on YouTube and Facebook at 1 p.m. Eastern this Thursday for a discussion with Aella about the escalating government crackdown on online porn, the sexual revolution, and sex work.
A Federal Judge Enjoins Several Maryland Restrictions on Carrying Handguns
The decision is another rebuke to states that have imposed broad, location-specific limits on the right to bear arms.
Idaho Man Sued For Defamation After Speaking Out Against Local Airstrip
Critics have argued the legal action is a meritless SLAPP suit.
Can an Unconstitutional Law Force You To Sell Your Home to a Private Investor?
A zombie law, thrown out in court, continues to wreak havoc because it’s referenced in a contract.
Defenders of the Florida and Texas Social Media Laws Contradict Themselves
If Facebook et al. are pushing a "radical leftist narrative," why don’t they have a constitutional right to do that?
New Net Neutrality Rules Could Threaten Popular Services
FCC Chair Jessica Rosenworcel has initiated a new rulemaking that would enact what are largely the same net neutrality rules tried back in 2016.
The IRS Sprang a Leak
Plus: Donald Trump's creative accounting, those sneaky vegans, brain drain, and more...
The 'Whack Jobs' Were Right
Plus: A listener asks the editors to weigh in on a hypothetical executive order to establish an American Climate Corps.
Alabama Cops Who Arrested Mechanic for Not Giving Them His ID Denied Qualified Immunity
"The police are free to ask questions, and the public is free to ignore them," wrote a federal judge.
Government Watchdog Calls Out Dangers in Section 702 Surveillance
A divided board recommends reforms as Congress debates renewing snooping authority.
Sixth Circuit Reverses Preliminary Injunctions Against TN & KY Laws Restricting Gender Dysphoria Treatments for Minors (Updated)
After a divided ruling, laws limiting such treatments in Tennessee and Kentucky will go into force.
Supreme Court Will Hear Case on Whether there is a "Legislative" Exception to the Takings Clause
The case will consider whether the government is exempt from takings liability for imposing exactions as a condition of development rights in situations where the exaction is imposed by legislation. Unlike many Supreme Court cases, this one can be resolved very easily by applying a basic principle of constitutional law.
Supreme Court Will Consider Cases Challenging Florida and Texas Social Media Laws
The laws require major social media platforms to host content they disapprove of for substantive reasons.
Supreme Court Will Review Fifth Circuit Ruling that Creates a Catch-22 for Takings Claims Against State Governments
The badly flawed lower court ruling defies the Supreme Court's landmark 2019 decision forbidding such Catch-22 traps, and threatens the property rights of large numbers of people.
On Guns, Drugs, and National Security, Dianne Feinstein Was Consistently Authoritarian
The late California senator always seemed to err on the side of more government power and less individual freedom.
Government Employee / Political Candidate's Advertising Gun Raffle for Election Campaign May Be Protected by the First Amendment
"Defendants' argument, which attempts to draw an ill-defined connection between a lawful gun raffle hosted on social media, and obviously tragic and unlawful mass shootings at schools, remains predicated upon numerous, dubious inferences ...—if not upon rank speculation."
"Odd," "Unnerv[ing]," "Disturbing," Comments, Post, and Letter to Politician Weren't "True Threats"
"[E]ccentricity and being off-putting is not a criminal offense," even when the speaker mentions the listener's children and other personal details.
Florida Is Giving Foster Children Powerful Psychotropic Drugs Without Proper Records, Audit Finds
More than 1 in 3 Florida foster kids over 13 is taking psychotropic medications, but the state often doesn't follow rules requiring it to keep records of prescriptions.
Tony Timpa Wrongful Death Trial Ends With 2 Out of 3 Cops Getting Qualified Immunity
The trial—and, in some sense, Timpa's life—was about transparency.
Federal Judge Rules Texas Anti-Drag Law Violates the First Amendment
The judge ruled that the law was unconstitutionally overbroad, vague, and viewpoint discrimination.
India's Alleged Assassination of a Dissident in Canada Highlights Repression Across Borders
No place is truly safe for dissidents when governments see no limits to their authority.
Arbitrary Restrictions Explain Why Trump Was Not Allowed To Buy That Glock
Before correcting the record, the former president's spokesman inadvertently implicated him in a federal crime.
Washington State Prison System Sued for Using Unreliable Drug Tests To Put Inmates in Solitary
Reason reported in 2021 how prisons use cheap field kits to test mail for contraband—and use the faulty, unconfirmed results to severely punish inmates.
Fifth Circuit Panel Reconsidering Part of Its Missouri v. Biden Decision
[UPDATE: Don't blog when tired or in a hurry! I regret to say the original post erroneously said the Fifth Circuit granted rehearing en banc -- the panel just granted panel rehearing, and I've corrected the post accordingly. My apologies for the error.]