Civil Liberties
October 7 Offered a Stark Choice Between Good and Evil
When civilians are the targets, terrorists’ grievances don’t matter; it’s time to hunt the perpetrators.
Review: Bullet Vending Machines Debut in U.S. Grocery Stores
The company claims its machines are more effective than store shelves at preventing shoplifters or underage purchases.
Nashville Attorney Sues Federal Judges Over Gag Order Barring Him From Talking About a Notorious Prison
Daniel Horwitz often represents people illegally silenced by the government. This time he says a court violated his First Amendment rights when it gagged him from publicly speaking about a troubled state prison.
Unethical for Lawyers to Tell Clients Their Judges May Be Biased Based on Race, Sex, Etc.?
"The judge soon learned that, in a recorded conversation between defense counsel and the defendant, the attorney had referred to the age, race, political affiliation, and gender of the court's judges, and suggested that the court 'should look a little bit more like the people that are in front of them.' The attorney also suggested that the defendant would not receive a fair trial from the court's judges, who are a different race and gender from the defendant. Finally, the attorney used a pejorative term, drawing on racial and gender stereotypes, to refer to the complainant."
Judge Stops California Law Targeting Election Misinformation
A federal judge ruled that the law was overbroad and violated the First Amendment.
Insulting Anti-Gay Preaching at PrideFest Event May Have Been Protected by the First Amendment
(depending on whether the preacher also violated content-neutral conduct restrictions).
Judge Blocks California Law Restricting "Materially Deceptive" Election-Related Deepfakes
The judge concluded that the law, AB 2839, likely violates the First Amendment, and therefore issued a preliminary injunction blocking it from going into effect.
Yes, Tim Walz, You Can Shout 'Fire' In A Crowded Theatre
During Tuesday's debate, Tim Walz fumbled a key moment by misunderstanding the First Amendment
Minnesota 'Acting as a Ministry of Truth' With Anti-Deep Fake Law, Says Lawsuit
The broad ban on AI-generated political content is clearly an affront to the First Amendment.
Billy Binion: Civil Liberties Don't Just Belong to the Rich
Reason reporter Billy Binion discusses his coverage of outrageous cases around civil liberties, criminal justice, and government accountability, and the unusual path that led him to journalism.
"[T]his Is a Matter of Law, Not of Wounded Feelings": Univ. of Maryland May Not Ban All Oct. 7 Demonstrations …
as a means of stopping an anti-Israel "vigil" organized by the UMD chapter of Students for Justice in Palestine.
Governments Are Still Stealing People's Home Equity Over Modest Tax Debts
A handful of states use loopholes to get around a Supreme Court ruling that declared the practice unconstitutional.
5 Years in Prison for "Concealing Material Support to Hamas"
The defendant had also posted (in 2019), "I'm gonna go to the [expletive] pro-Israel march and I'm going to shoot everybody" and other such statements.
Alabama Pastor Can Sue the Cops Who Arrested Him For Refusing To Show His ID
A federal judge rejected the officers' claims of qualified immunity.
MSNBC Pundit's Tweet Accusing Lawyer of "Coach[ing a Witness] to Lie" Is a Potentially Defamatory Factual Assertion, Not an Opinion
Plaintiff (Stefan Passantino, Cassidy Hutchinson's former lawyer) may thus eventually prevail, if the claim is shown to be false, and if the defendant is shown to have spoken with "actual malice" (if plaintiff is a public figure) or negligently (if plaintiff is a private figure).
Waiving the Filibuster to Pass a National Abortion Bill Is a Bad Idea
Democrats will live to regret doing this if they have the votes to do it.
Criminal Conviction Based on "Only Women Can Be Mothers" and "'Transing' Kids Is Abuse and Homophobia" Signs, …
displayed on defendant's car and on her fence facing neighbors who have a transgender child; an appellate court reverses the conviction on procedural grounds, without resolving the First Amendment issue.
A Prosecutor Allegedly Told a Witness To Destroy Evidence. He Can't Be Sued for It.
Absolute immunity protects prosecutors even when they commit serious misconduct on the job.
UNM Policy Used to Charge High Security Fees for Riley Gaines Talk Struck Down
The case was brought by Turning Point USA over the University of New Mexico's decision to charge over $5K (originally planned to be over $10K).
Citizen Journalist Barred From Press Conference Can Sue Texas Sheriff for Violating His Rights, Judge Rules
The decision is a reminder that independent reporters are still protected by the same First Amendment as journalists in legacy media.
University of Maryland Sued for Canceling Student 'Expressive Activity' on October 7
The university caved to pressure to target pro-Palestine events.
Will SCOTUS Take on New York's Latest Eminent Domain Scam?
Two brothers are asking the Supreme Court to stop their town from using eminent domain to steal their land for an empty field.
Challenge to Nassau County Anti-Mask Ordinance Fizzles, Because …
(1) the particular plaintiffs, who wore masks for health reasons, were excluded from the ordinance's operation, and (2) the risk that officials would misapply the ordinance to them wasn't sufficient to give them preenforcement standing.
New London Gives $6.5 Million in Tax Breaks to Developer Planning to Build Housing on Land Condemned in the Kelo Case
The property has remained empty for almost twenty years, after the Supreme Court's controversial ruling upholding its condemnation to promote "economic development."
ABA Standard 208, Law Schools, and the First Amendment
New guidance makes explicit what should have been clear already: Standard 208 obligates law schools to embrace First Amendment principles.
The Best of Reason: These Pro-Lifers Don't Love Abortion Bans
Reason talked with pro-life Americans who are uncomfortable with the post–Roe v. Wade abortion policy landscape.
State Constitution Tool
A great free resource for lawyers, judges, academics, and students doing cross-state constitutional law research.
Mother's Derogating Father to Children Leads Appeals Court to Order That Father Get Custody,
Reversing a trial court decision that awarded custody to mother.
Fired College Security Chief's Libel Claim (Over Allegations That He Mistreated Black Alumnus) Can Go Forward
The court concluded that the Director of Safety and Security at a small private college didn't qualify as a "public official or public figure" for purposes of the state's anti-SLAPP statute.
My Chapter on "Land Use Regulation" For the Forthcoming Routledge Handbook on Classical Liberalism
It provides an overview of several major issues in land-use policy.
Court Allows Plaintiff to Proceed Pseudonymously, Without Disclosing Name to Defendant
The court stresses, though, that "The complaint includes no claims brought solely on behalf of Plaintiff Doe," and "Based on the description of the claims, including when and where the alleged vandalism took place and photographs of the vandalism, it appears defendants could adequately defend themselves against the claims without knowing Plaintiff Doe's identity."
My New Dispatch Article on Updating Libertarianism
Libertarian ideology remains generally sound. But I argue it could use a few updates.
Seattle's 'Stay Out' Zones Will Curb Civil Liberties, Not Crime
The city plans to ban people accused of some drug and prostitution crimes from visiting designated areas.
These Pro-Lifers Don't Love Abortion Bans
Reason talked with pro-life Americans who are uncomfortable with the post–Roe v. Wade abortion policy landscape.
