U.K. Demands Access to Any Apple User's Data, Anywhere in the World
The reported order from Britain's Home Office is further proof that governments pose a greater privacy risk than corporations.
Civil Liberties
Supreme Court Amicus Briefs on Gun Crime in Mexico
Mexico's amici take shots at our brief in Smith and Wesson v. Mexico
Hawaii Can Auction Off Your Car Without Ever Convicting You
Civil forfeiture allows the government of Hawaii to take your property and sell it for profit without proving you did anything wrong.
Pervasive Police Corruption in Albuquerque Explains Why a Teetotaler Was Arrested for DWI
A driver who was acquitted of drunk driving joins a class action lawsuit provoked by a bribery scheme that went undetected for decades.
CBS Is Wrong About Free Speech in Germany and the Rise of Nazism
Margaret Brennan should immediately Google the Weimar Fallacy.
"It Is a Fact That the Body of Water … Is Called the Gulf of America"?
Place names in American English are defined by what American English speakers call them, not what the President tells us to call them.
J.D. Vance Brings the Culture War to Europe: 'There Is a New Sheriff in Town'
The Munich Security Conference was supposed to be a foreign policy forum. Instead, the vice president lectured Europeans about democracy.
Lawsuit Over New Hampshire Donut Mural Heads to Trial
Conway, New Hampshire, is trying to make a local bakery take down a mural of colorful baked goods. The bakery says that violates its First Amendment rights.
DOGE Needs Data To Survive. These Lawsuits Are Trying To Starve It of Information.
Nearly a dozen lawsuits allege that DOGE's access to government payment and personnel systems violates a litany of federal privacy and record-handling laws.
First Annual Hoover Institution (Stanford) / ASU Law Aspiring Free Speech Scholars Workshop
Please feel free to forward this to anyone you think might be interested.
The Grassroots Campaign To Save a Man From Court-Ordered Shock Therapy
Despite severe risks and without a crime committed, a Minnesota judge authorized doctors to forcibly administer electroconvulsive therapy—while barring key witnesses from the hearing.
System Errors and Due Process
How can government agencies better safeguard procedural due process rights?
OpenAI: "AI Should Empower People to Explore, Debate, and Create Without Arbitrary Restrictions—" …
"no matter how challenging or controversial a topic may be."
Due Process and AI
How does AI challenge basic procedural due process protections and what should be done?
Trump's Personal Defamation Lawsuit Against Pulitzer Prize Board Members May Continue
So holds the Florida Court of Appeal, rejecting the members' claim that they aren't subject to personal jurisdiction in Florida. The majority doesn't discuss the substantive merits of the case.
Trump Bans A.P. From Oval Office for Not Saying 'Gulf of America'
A dust-up over geographical nomenclature is silly, but it signals the Trump administration's hostility to the First Amendment and freedom of the press.
What Is the SEC Hiding?
To settle with the Securities and Exchange Commission, you must swear silence.
No Domestic Violence Restraining Order Based on Allegations of "Gaslighting"
"Lily accused Gunther of 'Gaslighting' (underscoring omitted) by denying he suffered from steroid-induced rages during their marriage and denying Lily's contributions to Gunther's career success."
Sean McMeekin: Don't Whitewash the History of Communism
Historian Sean McMeekin dissects how communism has enduring and resurgent appeal in the West despite its history of violence and economic disaster.
Costs and Benefits of Due Process
How should we weight the costs and benefits when we conduct due process balancing?
Little Rock, Arkansas, Drops Intrusive, Ineffective ShotSpotter System
For all the money spent on it, the gunshot detection system has a spotty record at best.
The Best of Reason: How the Fair Housing Act Gave Us Emotional Support Parrots
The right to a reasonable accommodation has produced some absurd results.
"Bloggers, Xers, Facebookers, YouTubers, Instagrammers, and Others" Have Right of Access to Court Proceedings,
including the right to videorecord, given that state law (unlike federal law) provides for such videorecording for the mainstream media; so holds the Ohio Chief Justice.
Public Opinion and Due Process
Do we agree with Blackstone that it is better that ten guilty persons escape than one innocent suffer?
New Hampshire's Bad Parenting Bill Is a Nightmare
"I happen to be a tax-and-spend liberal," says Richard Wexler, "but this bill provides not one iota of additional help."
Life, Liberty, and the Right To Shitpost
Generative AI is a powerful tool for creativity and speech. Efforts to censor, regulate, and control it threaten America's tradition of open discourse.
Louisiana's Puzzling Prosecution of a New York Abortion Doctor
Prosecutors claim the case is about coercion. So why isn’t that the charge they are bringing?
Journal of Free Speech Law: "Beyond the Editorial Analogy: First Amendment Protections for Platform Content Moderation After Moody v. NetChoice,"
by Kyle Langvardt & Alan Z. Rozenshtein.
Due Process Is Timely
The Supreme Court's recent civil forfeiture ruling and why due process matters today.
Liking Post That Contains Porn Deepfake Can Lead to Liability, Court Says in Megan Thee Stallion Lawsuit
At least this is so when defendant "also ... allegedly directed viewers of her post to click on her 'Likes' page where the video had been archived" (not clear what the judge would have thought if the case involved solely the "like").
Megan Thee Stallion's Defamation Lawsuit Against "Online Personality" "Milagro Gramz or Mobz World" Can Go Forward
Plus, does speech about a celebrity become "intentional infliction of emotional distress" when the celebrity is known to have been "trauma[tized]" by a violent crime?
This Judge Tried To Get Out of Jury Duty by Saying Everyone Appearing Before Him Is Guilty
"I know they are guilty," otherwise "they would not be in front of me," said town justice Richard Snyder, who resigned in December.
Trump Is Flat-Out Lying About the 60 Minutes Interview With Harris
The full transcript shows the president's complaints about the editing of the interview are not just wildly hyperbolic and legally groundless. They are demonstrably false.
Transcript Proves the 60 Minutes Scandal Was Always Fake
Donald Trump's complaints were always meritless, but CBS' capitulation sets a dangerous precedent for the future of the news media.
"Title VI Must Be Applied Consistent with First Amendment Principles"
A federal district court discusses how the First Amendment limits liability for "hostile environment harassment" based on "speech on matters of public concern" in universities (public or private). And the reasoning may extend to Title VII liability on workplaces as well.
How the FCC's 'Warrior for Free Speech' Became Our Censor in Chief
Brendan Carr has a clear record of threatening to suppress constitutionally protected speech.
