Civil Liberties
President Biden Should Pardon D.M. Bennett
Issuing a posthumous pardon for Bennett would reaffirm our nation’s commitment to free expression and intellectual freedom.
Abortion, Guns, and Hunter Biden.
Plus: A listener asks the editors about the Selective Service.
Government Warns That Playground Equipment Gets Hot
Thanks for the heads up, U.S. Consumer Product Safety Commission.
Court Refuses to Order Redaction of Filings That Reveal Litigant's Past Pseudonymous Lawsuits
A California trial court so ruled, and the California Court of Appeal just upheld that decision.
Biden Notes Trump's History of 'Sexual Assault' but Highlights '34 Felonies' That Victimized No One
Facing an opponent who has been credibly described as a sexual predator, Biden instead emphasizes Trump's cover-up of a consensual encounter.
Is Promotion of Free Services "Commercial Speech" for First Amendment Purposes?
One of several interesting questions that arises in a case involving regulations of pregnancy centers that seek to help pregnant women without offering abortions or abortion counseling.
A Frightening View of Free Speech and Academic Freedom at Harvard
A Harvard Dean suggests universities can and should limit controversial speech.
House Passes Bill To Automatically Register Young Men for the Draft
The Selective Service should be abolished, not made more efficient and equitable.
Illinois License Plate Cameras Are Violating People's Constitutional Rights, Says New Suit
The plaintiffs are challenging the state's widespread surveillance, which it collects through over 600 cameras.
Supreme Court Upholds the Rule of Law by Rejecting the Trump Administration's Bump Stock Ban
Six justices agreed that federal regulators had misconstrued the statutory definition of a machine gun.
The 'Bombshell' Secret Alito Recording Was Not a Bombshell
The justice's benign comments set off a lengthy news cycle and have been treated as a scandal by some in the media. Why?
Justice Department Says Phoenix Police Violated Rights of Children, Minorities, Protesters, Homeless People
Phoenix police are trained that "deescalation" means overwhelming and immediate force, whether or not it's necessary.
Justices Agree on Constitutionality of Trademark Restriction, Disagree on How to Approach Such Questions
The underlying methodological debate might also bear on free speech disputes more broadly.
Unanimous Supreme Court Rejects Abortion Pill Challenge
A "desire to make a drug less available for others does not establish standing to sue," wrote Justice Brett Kavanaugh in the Court's opinion.
Javier Milei's Tax and Omnibus Bills Narrowly Pass Argentine Senate
...as protests outside Congress escalate into violence.
Unanimous Supreme Court Finds No Standing to Challenge FDA Regulation of Mifepristone (UPDATED)
Not a single justice was impressed by the unimpressive standing theories offered in Alliance for Hippocratic Medicine v. FDA.
Plaintiff Sufficiently Alleged Knowing/Reckless Falsehood in CNN Story About Evacuating Afghans During Withdrawal
"Young proffered CNN messages and emails that showed internal concern about the completeness and veracity of the reporting—the story is 'a mess,' 'incomplete,' not 'fleshed out for digital,' 'the story is 80% emotion, 20% obscured fact,' and 'full of holes like Swiss cheese.'"
It Is Illiberal To Charge Teens With Felonies for Vandalizing a Pride Crosswalk
You don't promote acceptance by locking people up for victimless crimes.
New Atlantic Article on "The Constitutional Case Against Exclusionary Zoning"
It is coauthored with Josh Braver.
Florida Court Rejects Pseudonymous Petition to Get Public Records
The case involved a public records request to identify the "six or seven pretty big legal conservative heavyweights" whom Gov. DeSantis labeled as "trusted advisors for his judicial appointments to the Florida Supreme Court."
Mandatory National Military Service Is a Bad Idea
Donald Trump's acting Secretary of Defense Christopher Miller advocated the plan this week, which Trump later called a "ridiculous idea."
Going Down?
Plus: Hunter Biden is guilty of crimes that shouldn't be crimes, North Dakota's voters take on gerontocracy, and more...
Oklahoma S. Ct. Vacates Restraining Order Against Self-Described Pastor Who Was Sharply Condemning Pro-Gay-Equality Activists
The court concludes the pastor's posts were about the activists' organization (Oklahomans for Equality) and not about them personally; it thus avoided having to decide whether the First Amendment would have protected the speech if it was indeed about the activists personally.
Trump's Abortion Dilemma
The "most pro-life president in American history" cannot please hardline activists without alienating voters.
Hunter Biden's Gun Conviction Does Not Resolve a Constitutional Dispute That Pits Him Against His Father
The president's son, who faces up to 25 years in prison for conduct that violated no one's rights, can still challenge his prosecution on Second Amendment grounds.
Texas Public Library Can't Remove Books About 'Butts and Farts,' Federal Judge Says
The court ruled that it is unconstitutional for officials to remove library books with the "intent to deprive patrons of access to ideas with which they disagree."
'If They Can Control the Flow of Information, They Can Control You': BASEDPolitics Sues To Stop TikTok Ban
The plaintiffs hope to "help Republicans and conservatives see why this ban is inconsistent with the free speech values they say they care about."
Journal of Free Speech Law: "Fiction, Defamation, and Freedom of Speech," by Prof. Collin O'Neil
An article from the Defamation: Philosophical and Legal Perspectives symposium, sponsored by the Center for Legal Philosophy at UC Irvine.
Australian Censors Back Down, Highlighting the U.S. as a Free Speech Haven
Officials suspend efforts to force X to suppress the world’s access to video of a crime.
The Black Panther Who Was Banned From the Ballot
A segment of American voters want insurrectionist candidates. Who are election officials to deny them?
Louisiana's New 25-Foot Legal Forcefield for Police Threatens Accountability and Civil Liberties
A new law will make it much harder to film law enforcement officers in their public duties. Does that violate the First Amendment?
Police Flew Drones Over One California City Nearly 20,000 Times in 6 Years
A WIRED investigation reveals the extent to which residents of Chula Vista are subjected to surveillance from the sky.
D.C.'s Rules for Subway Ads Are Blocked in Federal Court
The transit authority was sued after rejecting an ad that directed viewers to go to a website "to find out about the faith of our founders."
Journal of Free Speech Law: "True Defamation," by Prof. Jeffrey S. Helmreich
An article from the Defamation: Philosophical and Legal Perspectives symposium, sponsored by the Center for Legal Philosophy at UC Irvine.
Plaintiff's Idaho Murder Libel Claim Beats Defendant's "Tarot Readings" and "Psychic Intuition"
"[T]he only support for Defendant's statements about Plaintiff is that Defendant's 'spiritual investigation' into the murders using 'intuitive tarot readings' led her to Plaintiff."
A Jumble of Legal Theories Failed To Give Trump 'Fair Notice' of the New York Charges Against Him
The lack of a clear rationale for charging Trump with 34 felonies raises a due process issue that is likely to figure in his appeals.
Does the First Amendment Protect Speech on Private Property?
Yes, when the restriction is being imposed by the government.
Journal of Free Speech Law: "Defamation, Presumed Damages, and Reputational Injury: A Legal and Philosophical Inquiry," by Prof. Benjamin C. Zipursky
An article from the Defamation: Philosophical and Legal Perspectives symposium, sponsored by the Center for Legal Philosophy at UC Irvine.
