Divided D.C. Circuit Panel Refuses to Enjoin D.C. Magazine Cap
The judges divide over whether a challenge to a law limiting the number of bullets in a magazine is likely to succeed. Is next stop the Supreme Court?
Civil Liberties
Washington Sued for 'Racially Conscious' Homeownership Program
Washington's Covenant Homeownership Program excludes certain applicants on the basis of race.
Who Are Langley's Favorite Candidates?
Campaign finance records reveal what the community at the heart of U.S. national security policy thinks about outside politics.
Journal of Free Speech Law: "Should We Trust the Censor?," by Keith E. Whittington
A new article from the Daedalus (Journal of the American Academy of Arts and Sciences) Future of Free Speech Symposium.
Weed Shops Deserve Due Process, Says Judge
Plus: Andrew Cuomo's potential prosecution, Texas death blamed on abortion ban, and more...
Journal of Free Speech Law: My "The Future of Government Pressure on Social Media Platforms"
A new article from the Daedalus (Journal of the American Academy of Arts and Sciences) Future of Free Speech Symposium.
After 100 Years, End the Open Fields Doctrine
Federal agents are allowed to search private property without a warrant under this Prohibition-era Supreme Court precedent.
On Punishing Speech vs. Punishing Conduct
A university president provides a helpful explanation of the difference.
Musa al-Gharbi: How Woke Elites Became Out of Touch
The Stony Brook sociologist discusses how progressives are having a hard time processing why more and more black and Latino voters are supporting Donald Trump.
'Let Parents Decide' What Kids Can Do Online, Argue Tech Groups in New Lawsuit
The groups are challenging a Florida law that bans some teens from social media.
How the Feds Destroyed Backpage.com and Its Founders
By prosecuting the website's founders, the government chilled free speech online and ruined lives.
Book Review (by Prof. Jacob Mchangama): "Fearless Speech" Doesn't Take First Amendment History Seriously
A review of Prof. Mary Anne Franks' new book, Fearless Speech: Breaking Free from the First Amendment (plus a response by Prof. Franks to Prof. Mchangama's Tweeted criticisms, and a reply by Prof. Mchangama).
Journal of Free Speech Law: "The Free Speech Clause as a Deregulatory Tool," by Alexander Tsesis
A new article from the Daedalus (Journal of the American Academy of Arts and Sciences) Future of Free Speech Symposium.
Texas Public University Restrictions on Anti-Israel Speech Likely Violate First Amendment
So holds a federal court (correctly, I think), considering restrictions that were prompted by Texas Governor Abbott's General Order GA-44.
What the Past Can Teach Us About Our AI Fears
Regulating AI could threaten free speech, just as earlier proposed regulations of other media once did.
Journal of Free Speech Law: "The First Amendment Meets the Virtual Public Square," by Allison Stanger
A new article from the Daedalus (Journal of the American Academy of Arts and Sciences) Future of Free Speech Symposium.
Trump Thinks News Outlets Should Lose Their Broadcast Licenses, Even When They Have None
Despite his cluelessness, the former president's inclination to punish constitutionally protected speech reflects his authoritarian disregard for civil liberties.
Are Books and Brains Weapons? The U.S. Government Thinks So.
Sending user manuals, algorithms, and lines of code can be legally equivalent to exporting bombs.
Recent Political Candidate Is Public Figure for Libel Law Purposes
The allegedly libelous claims about the candidate were made three months after he lost the election; a Magistrate Judge had held the candidate was no longer a public figure, but the District Court disagreed.
Judge Throws Out Charges Against Arizona Mom Arrested for Criticizing Officials at a City Council Meeting
Rebekah Massie's removal and arrest from a city council meeting was "objectively outrageous," the judge ruled.
Massive Campaign of Online Insults Can Lead to Intentional Infliction of Emotional Distress Liability
The court also concluded defendant had libeled plaintiff, but the court held that even the nonlibelous expressions of opinion could lead to emotional distress liability. The total verdict of $6.8M.
New Zealand Government Punishes Gun Owners for Their Political Beliefs
The police targeted “sovereign citizens” for surveillance and disarmament.
A Missouri Cop Stole a Woman's Nude Photos During a Traffic Stop, Lawsuit Claims
Former cop Julian Alcala allegedly stole a woman's nude pictures after he took her phone during a traffic stop.
"We Have the Zyklon B. Use Code 'GASTHEJEWS' for 10% Off!" Postcard Sent to Rabbi …
may be constitutionally unprotected threat.
Montana's Porn Age Verification Law Is Headed to Court
"Invoking the innocence of children is not...a magic incantation sufficient for legislatures to run roughshod over the First Amendment rights of adults."
Faisal Saeed Al Mutar: Peace In The Middle East Through Capitalism
The co-founder of Ideas Beyond Borders argues that there is "no better independence than economic independence."
One-Third of Expensive Border Surveillance Towers Don't Work
Decades of border surveillance programs have spent billions of dollars but achieved little.
No Pseudonymity for Israeli Suing Intel Over Layoff Allegedly Prompted by Complaints Over Boss's Allegedly Pro-Hamas Statements
"Plaintiff's allegations are emotionally and politically charged, and ... Plaintiff is a member of certain groups subject to discrimination. That, however, is true of a plethora of cases in the federal courts and has generally not been understood to authorize anonymous pleading."
The Religious Vote Is Waning—And That Could Spell Trouble for Trump
As millions of Christians plan to sit out the election, church leaders face tough choices about how to inspire their congregations without violating the law.
Fifth Circuit Stays Broad Discovery Regarding Media Matters Donors in X v. Media Matters
The court concludes that X's requested discovery is broader than necessary, though it leaves open the door to some considerably narrower discovery.
Supreme Court Refuses to Hear "Passive Park" Public Use Property Rights Case
While I am eager for the Court to take another public use case, I am actually happy the justices chose to reject this one. Its unusual facts made it a poor vehicle for revisiting Kelo v. City of New London.
This Activist Uses the FCC To Shoehorn Gruesome Anti-Abortion Ads Onto the Air
How the equal time rule is helping him hijack the airwaves.
Journal of Free Speech Law: "The Connected City of Ideas," by Robert Mark Simpson
A new article from the Daedalus (Journal of the American Academy of Arts and Sciences) Future of Free Speech Symposium.
Local Governments Are Seizing and Selling Homes Over Small Tax Debts
Home equity theft happens when governments auction off seized houses and keep the profits—even once the tax bill is paid.
Journal of Free Speech Law: "Academic Freedom & the Politics of the University," by Joan Wallach Scott
A new article from the Daedalus (Journal of the American Academy of Arts and Sciences) Future of Free Speech Symposium.
Journal of Free Speech Law: "The Unfortunate Consequences of a Misguided Free Speech Principle," by Robert Post
A new article from the Daedalus (Journal of the American Academy of Arts and Sciences) Future of Free Speech Symposium.
'It's the First Amendment, Stupid': Federal Judge Slams Florida for Threatening TV Stations
The state has been demanding that TV stations remove political ads in support of a reproductive freedom amendment on the ballot this year.
