No, Blocking Traffic Is Not Protected by the First Amendment
The freedom to protest is essential to the American project. It also does not give you carte blanche to violate other laws.
Civil Liberties
"College Is All About Curiosity. And That Requires Free Speech."
An excellent piece in the N.Y. Times Magazine by Prof. Stephen Carter (Yale Law).
Crackdown on Freedom Convoy Violated Canadians' Rights, Says Court
Opponents of pandemic restrictions had their day in court and won a victory for open dissent.
Review: Exposing a Broken Juvenile Court System
Kids were jailed for minor offenses, as detailed in The Kids of Rutherford County podcast.
Princeton Allegedly Told Student Journalist Not to Write About Activist Who Got "No Contact" Order Against Journalist
“The safest course of action in terms of a possible violation of the NCO would be to refrain from writing or to be interviewed for articles that mention the name of the student with whom you have an NCO (or to retract them if that’s possible).”
5 Years After a Deadly Drug Raid, Houston's Former Police Chief Might Finally Be Held Accountable
Since leaving Houston, Art Acevedo has bounced from job to job, continuing a spotty career marred by scandal.
Amazon's Ring Will Stop Giving Police Your Doorbell Footage Without a Warrant
While not perfect, the move is a step in the right direction for civil liberties.
Family Court Ordered Grandmother, Who Had Custody of Child, Not to Testify Against Father at His Parole Hearing
The N.H. Supreme Court reversed the order.
Tennessee Says Residents Can't Vote If They Have Lost Their Gun Rights
People who were disenfranchised based on felony convictions face a new obstacle to recovering their voting rights.
The New Mexico Involuntary Manslaughter Prosecution of Alec Baldwin
New Mexico law is more pro-defendant in such cases than the laws of many other states.
Feds Will Try Backpage Co-Founder Michael Lacey for a Third Time
It's a frightening reminder of how far the government will go to get their way—and to warn tech companies against platforming speech it doesn't like.
Accused of Dictatorial Ambitions, Trump Doubles Down on Authoritarianism
His understanding of effective leadership and policing should repel anyone who cares about civil liberties and the rule of law.
Donald Trump's Demand for Absolute Immunity for Crimes Committed While President Goes Far Beyond the Qualified Immunity Police Officers Get
Qualified immunity is a badly flawed doctrine the Supreme Court should abolish. But Trump's demands are much more extreme.
Alleged Panama Papers Leaker Still May Not Sue in Federal Court While Hiding His Name from the Court
"Plaintiff is entitled ... to make his own judgment about whether disclosing his identity under seal to the Court would pose an inordinate risk to his personal safety. But he is not entitled ... to special dispensation from the well-established requirements of the law."
Is Facial Recognition a Useful Public Safety Tool or Something Sinister?
Your Face Belongs to Us documents how facial recognition might threaten our freedom.
Republican Presidential Nomination
DeSantis Down and Out
Plus: Javier Milei’s powerful speech on economic prosperity in Davos
Trump's Demand for 'Total' Presidential Immunity Reflects His Authoritarian Impulses
The former president argues that accountability is the enemy of effectiveness, both for cops and for politicians.
Coleman Hughes on the Separation of Race and State
Is podcaster Coleman Hughes a state capacity libertarian?
Trump's Supreme Court Brief Rebuts the Claim That He 'Engaged in Insurrection'
He is asking the justices to reject the Colorado Supreme Court's conclusion that he is disqualified from running for president.
Democratic Attorneys General Support Censorship
In an amicus brief filed in Murthy v. Missouri, they ignore basic tenets of First Amendment law in order to quash online speech they don't like.
Miami Police Used Clearview AI Facial Recognition in Arrest of Homeless Man
Facial recognition technology is increasingly being deployed by police officers across the country, but the scope of its use has been hard to pin down.
High School Football Coach Isn't a "Public Official" or "Public Figure" For Libel Law Purposes,
even when he "adopted a controversial 'no punt' strategy."
Bad Apples
Plus: Libertarian populism, library wars, Latin American soft power, and more...
SCOTUS Ponders the Ambiguity of 'Ambiguous' and Other Chevron Doctrine Puzzles
The justices seem inclined to revise or ditch a 1984 precedent that requires deference to executive agencies' statutory interpretations.
The World Economic Forum Is Begging You To Trust the Science
"There has been a deliberate attempt to inflame the public against experts," warned one Davos panelist.
James Kirchick: 'Abolish Speech Codes Entirely'
How identity politics and institutional cowardice have undermined the free speech on which our society relies.
Want to Use Social Media? Utah Wants You to Hand Over Your ID.
A new lawsuit is challenging a Utah law that requires age verification to use social media and forces minors to get their parents permission first.
Free Speech Absolutism in Practice
Author James Kirchick supports the First Amendment, full stop. Why don't more journalists?
AI Fraud Act Could Outlaw Parodies, Political Cartoons, and More
The bill is broad enough to target a Saturday Night Live skit lampooning Trump, a comedic impression of Taylor Swift, or a weird ChatGPT-generated image of Ayn Rand.
The Cops Are Watching You
New online database details the shocking extent of intrusive surveillance tech used by American police.
The Chevron Doctrine Discomfits the Weak
Excessive judicial deference gives administrative agencies a license to rewrite the law in their favor.
Oral Argument in Devillier v. Texas Suggests Victory for Property Rights Likely
Both conservative and liberal justices seem to oppose letting states get away with violating the Takings Clause merely because Congress hasn't enacted a specific law enforcing it against them.
Toronto Bans Tobogganing on 45 Hills, Puts Up Warning Signs
"The fear of liability is ruining modern childhood," says one mom.
"When Someone Loses His Livelihood as a Result of Government Action,
he has a right to know how and why the government took that action.”
Martin Luther King on Civil Disobedience and Ethics of Resistance to State Authority
Contrary to a widespread misconception, King did not favor absolute nonviolence, nor does his reasoning always require practitioners of civil disobedience to accept punishment. But he also strongly opposed rioting.
"Most Litigants Would Prefer Not to Have Their Medical Problems Published in the Public Records"
But that’s not adequate reason to allow them to litigate pseudonymously, a district court rules.
When Your Heart Becomes a Snitch
Modern medical devices are lifesavers. But they’re vulnerable to hackers and compromise our privacy.
