Supreme Court Looks Poised To Gut Restrictive Social Media Laws
The First Amendment restricts governments, not private platforms, and respects editorial rights.
Civil Liberties
Texas and Florida Say the First Amendment Must Be Sacrificed to Save It
Supreme Court arguments about two social media laws highlight a dangerous conflation of state and private action.
Preview of Supreme Court Bump Stock Case
In Cargill v. Garland, the Court should apply the National Firearms Act text that Congress did enact, and not the text that gun control advocates wish had been enacted.
Iowa Court Clears Mom of Endangerment Charges After She Let Kids Babysit
"No parent can shield a child from all risks," the Iowa Supreme Court ruled.
Most Justices Seem Skeptical of the Florida and Texas Social Media Laws
The Supreme Court seems inclined to recognize that content moderation is protected by the First Amendment.
China and Iran Have Their WikiLeaks Moment
Hackers have unmasked some of the tactics Beijing and Tehran use to silence their opponents.
Poll: Almost a Third of Americans Say the First Amendment Goes 'Too Far'
The survey also found that two-thirds of respondents believe that America is on the "wrong track" when it comes to free speech.
Requiring Public High School Student to Perform Monologue by Classmate May Be Unconstitutional Speech Compulsion
The monologue was sexually themed, but it's not clear to what extent the court's rationale might extend to situations where a student objects to the monologue for other reasons.
Netflix Wins Lawsuit Over 13 Reasons Why, on Statute of Limitations Grounds
The plaintiffs claimed that 15-year-old Bella Herndon committed suicide because of the film.
The Spy in Your Pocket
Byron Tau's Means of Control documents how the private sector helps government agencies keep tabs on American citizens.
Supreme Court Seems Likely to Strike Down Florida and Texas Social Media Laws
The laws violate the First Amendment because they require social media sites to abjure most content moderation, and platform speech they disapprove of.
Texas and Florida Want the Supreme Court To Bless Their Unconstitutional Social Media Laws
Both states are trying to force tech companies to platform certain sorts of speech.
Why Did Cops Point a Gun at a Burning Gaza Protester?
The Secret Service’s strange reaction to the U.S. airman who lit himself on fire outside the Israeli embassy.
4 Reasons Trump Says a Judge Should Dismiss Charges in the Classified Documents Case
His lawyers assert presidential immunity and discretion, criticize an "unconstitutionally vague" statute, and question the special counsel's legal status.
Mississippi Police Arrested a 10-Year-Old for Peeing Behind His Mom's Car. Now, the Family Is Suing
Third-grader Quantavious Eason was arrested and charged as a "child in need of services" after being caught peeing behind his mother's car.
Free Speech Unmuted: Book Bans—or Are They?
I'm delighted to announce this new video/audio podcast series by Prof. Jane Bambauer (Florida) and me, and its first episode.
States Try To Strip Sex From Literature in Libraries, Schools
These aren't outright bans. But they still can chill free speech and academic freedom.
Losing the Home State
Plus: Adderall shortages, infrastructure lessons, Kanye West, and more...
"The Coddling of the American Mind" Movie
This is the film based on the bestselling book by FIRE's Greg Lukianoff and Prof. Jonathan Haidt (NYU).
Proposition E Would Make It Easier for Police To Surveil San Francisco
The measure, which will be on the March 5 ballot, would greatly expand the SFPD's power while subjecting it to even less scrutiny.
School's Referring to Student by Student-Preferred Name and Pronouns Likely Doesn't Violate …
the parent's constitutional parental rights, including when the school conceals this from the parent.
Justin Amash: 'I'd Impeach Every President'
Former Rep. Justin Amash says "the idea of introducing impeachment legislation suggests there's other people who will join you. Otherwise, it's just an exercise in futility."
Biden Is Trying To Motivate Voters Who Oppose Pot Prohibition. Maybe He Should Stop Supporting It.
The supposedly reformed drug warrior's intransigence on the issue complicates his appeal to young voters, who overwhelmingly favor legalization.
Fourth Circuit on One-Sided Pseudonymity in Sexual Assault Cases
The decision allows such pseudonymity when the defendant has already been found (by default judgment) to have committed the assault, but Judge Wilkinson's concurrence argues that, absent this unusual factor, one-sided pseudonymity should be frowned on.
Government Is Snooping on Your Phone
Many apps collect data that is then accessed by outside entities. Should you care?
NYC Child Protection Agency Uses 'Coercive Tactics' To Bully Parents Into Allowing Warrantless Searches
According to a new lawsuit, NYC's child protection agency almost never obtained warrants when it searched over 50,000 family homes during abuse and neglect investigations.
The Biden Administration Is Bent on Setting an Alarming Precedent by Prosecuting Julian Assange
The WikiLeaks founder already has spent as much time in a London prison as DOJ lawyers say he is likely to serve if convicted in the U.S.
Supreme Court Denies Red State Effort to Intervene in Mifepristone Case
The Court also rejects a late-filed amicus briefs from the American Bar Association, but accepts one from former FDA Commissioners.
"Victimizing the Families of Opposing Counsel and Causing Well-Founded Concern for Their Well-Being … Is … a Profound Dishonor as a Lawyer"
"Lawyers in litigation may be expected to assume the risk of a certain amount of rough-and-tumble. Their families do not. In preying on the families of opposing counsel, Mr. Manookian crossed the Rubicon."
White University Administrator's Race Discrimination Case Can Go Forward
The administrator, at Texas A & M University Texarkana, alleges he was pushed out because of his race, and because he had declined to discipline a student who "had used the word 'Nigga' in [a classmate's] presence while on a trip to the mall."
Don't Pick Out That Corvette Yet: Prosecutor Loses Libel Lawsuit Against Newspaper
What does it mean, in context, to say that a prosecutor "assisted with the prosecution" of someone who has been exonerated?
Claudine Gay's Defenders Shot the Messenger
Harvard should pick someone with academic integrity as its next president.
Are Parents Too Involved in Their Adult Children's Lives?
A recent Pew survey says parents are "very involved in their young adult children's lives," but one might quibble with the definition of "very involved."
Federal Judge Temporarily Blocks Enforcement of Houston Ordinance Against Feeding the Homeless
The judge found that Food Not Bombs' activity was clearly expressive conduct under the First Amendment.
Alvin Bragg Is Trying To Punish Trump for Something That Is Not a Crime
The essence of the case, the Manhattan D.A. says, is that Trump "corrupt[ed] a presidential election" by concealing embarrassing information.
New Article on "The Constitutional Case Against Exclusionary Zoning"
Coauthor Josh Braver and I argue exclusionary zoning violates the Takings Clause of the Fifth Amendment.
Progressives Are Ditching Free Speech To Fight 'Disinformation'
From limits on liability protections for websites to attempts to regulate the internet like a public utility, these proposals will erode Americans' right to express themselves.
Posts About Child Abuse Investigator Weren't "Harassment" That Could Be Enjoined
Among other things, posts that "target the plaintiff's reputation and cause her emotional distress" aren't covered by the Massachusetts harassment prevention order statute.
