Civil Liberties
Journal of Free Speech Law: "Government Counterspeech," by Prof. Jamal Greene
The third of twelve articles from the Knight Institute’s Lies, Free Speech, and the Law symposium.
Missouri Government Agency Threatening to Sue Critic for Libel
But lawsuits for libeling the government do not "have any place in the American system of jurisprudence."
FBI Agent Says He Hassles People 'Every Day, All Day Long' Over Facebook Posts
"It's just an effort to keep everybody safe and make sure nobody has any ill will," he claimed.
What Do We Owe the Kids?
Plus: Gun detection in the subway system, Toronto's rainwater tax, goat wet nurses, and more...
Call to "Update Free Speech Policies" to Address Supposed Hate Speech at Public University
I'm against it, whomever it's coming from.
Journal of Free Speech Law: "Investigative Deception Across Social Contexts," by Prof. Alan Chen
The first of twelve articles from the Knight Institute’s Lies, Free Speech, and the Law symposium.
State Employer's Requiring Employees to Watch "Antiracist"/"Gender Identity" Videos Isn't Unconstitutional Speech Compulsion
But plaintiff's claim that he was retaliated against for raising religious objections to the training, and discriminated against based on religion as to promotion, can go forward.
Steven Pinker: What Went Wrong at Harvard
The psychologist and bestselling author argues that Harvard's free speech policy was so "selectively prosecuted that it became a national joke."
Supreme Court Unpersuaded
Plus: Vanderbilt activists' 911 call, Kevorkianniversary, MAID problems, and more...
Free Speech Is Under Attack in the U.S., but It's on the Ropes Elsewhere
“Even open democracies have implemented restrictive measures,” finds a global report.
Squatters' Rights Laws Violate the Takings Clause
Where these laws allow squatters to occupy houses without the owner's consent, they qualify as takings of private property that require payment of compensation under the Fifth Amendment.
Private Employee's Claim That She Was Fired for Peacefully Attending Jan. 6 Events Can Go Forward,
under California statutes that protect private employees' political activity; the plaintiff claimed that "[s]he listened to speeches being made and walked to the Capitol, and then she left," and "did not participate in any rioting."
More on Coercion, Social Media, and Freedom of Speech: Rejoinder to Philip Hamburger
Prof. Hamburger continues to conflate coercion and voluntary choice.
Hamburger Responds: Prof. Somin Repeats His Errors
Round 3 in the debate between Hamburger and Somin over the First Amendment and Murthy
Can't Sue In-Laws for "Undermining" Marriage and Thus Tortiously Inducing Breach of Marriage Contract
This used to be possible under the old "alienation of affections" tort, but all but a handful of states have abolished it, and the tortious inducement of breach of contract tort can't fill that gap.
Mifepristone in the Supreme Court - Comments on Oral Argument (Updated)
Live commentary on the Supreme Court oral argument in FDA v. Alliance for Hippocratic Medicine
Can Emergency Room Doctors Sue the FDA for Failing to Regulate Mifepristone More Aggressively?
The threshold issue in today's oral argument is Article III standing, and that issue should be determinative.
How Capitalism Beat Communism in Vietnam
It only took a generation to go from ration cards to exporting electronics.
Abridgement, Coercion, and Freedom of Speech: Reply to Philip Hamburger
Prof. Hamburger is wrong to argue that the use of the word "abridgment" implies that noncoercive government persuasion directed at social media firms violates the First Amendment.
Ron DeSantis Signs Social Media Age-Verification Bill
The law would require platforms to use invasive measures to prevent most teenagers under 16 from making social media accounts and bar all minors from sexually explicit sites.
This Colorado Bill Would Abolish the Right to Armed Self-Defense in Many 'Sensitive Places'
Legislators are taking a page from constitutionally dubious state laws that make carry permits highly impractical to use.
My New Lawfare Article on Why "Immigration is Not Invasion"
Texas is wrong to equate illegal migration and drug smuggling with invasion. If accepted by courts, the argument would set a dangerous precedent.
Stop Your Car From Spying on You
Modern cars are smartphones on wheels, but with less protection for your data.
Florida Court Reverses Anti-Libel Injunction Entered During Discovery Dispute
Florida appellate courts are pretty good about reversing unconstitutional injunctions against speech (though Florida trial courts seem to be pretty willing to enter such injunctions).
European Union's AI Law Will Heavily Regulate a Technology Lawmakers Don't Understand
And in the process, it will stifle innovation and competition.
Lawsuits Allege Michigan Sheriffs Colluded To End In-Person Jail Visits and Price Gouge Families for Calls
Two class-action lawsuits say Michigan counties take cuts of the exorbitant costs of inmate phone calls while children go months without seeing their parents in person.
Amicus Brief in United States v. Abbott Explains Why Texas is Wrong to Equate Illegal Migration and Drug Smuggling With "Invasion"
The state's position is at odds with the text and original meaning of the Constitution and would set a dangerous precedent if accepted by federal courts.
Court Allows Media to Intervene to Unseal Documents in Lottery Winner's Lawsuit
The lottery winner is suing an ex-girlfriend based on a non-disclosure agreement aimed at concealing his identity. (The intervention, at this point, is aimed at just unsealing various sealed documents in the case, not at disclosing the parties' names.)
Arizona County Again Defies State Protections for Self-Defense Rights
Tucson and Pima County have a history of passing restrictions that conflict with state law.
The Government Can't Save India's Suffering Farmers
Protests in the country come from an understandable place. But their demands are divorced from certain unfortunate economic realities.
Biden Wants To Avoid a First Amendment Showdown Over WikiLeaks
U.S. prosecutors are looking to wriggle out of an espionage trial for WikiLeaks founder Julian Assange.
Will the Supreme Court Let Sylvia Gonzalez Sue the Political Enemies Who Engineered Her Arrest?
"Mayors should not be allowed to launder animus through warrants," the former city council member's lawyer told the justices.
Texas SWAT Team Held Innocent Family at Gunpoint After Raiding the Wrong Home
The officers are avoiding accountability after getting qualified immunity.
"Spam Private Eye" Can't Constitutionally Be Required to Get Real Private Eye License,
at least when the license requires 6000 hours of training on matters far removed from his expertise.
#TheyLied Libel Lawsuit Over Ex-Student's Allegations of Rape Can Go Forward,
and so can the professor's Title VII and Title IX discrimination claims against the university.
Another Judge Says Illegal Immigrants Have Second Amendment Rights
Some supposed defenders of the right to bear arms react with alarm.
