Civil Liberties
October 7: A Turning Point for Free Speech?
Restricting speech about the world's most pressing problems does not make them go away, nor does it settle any disputes.
Court Rejects Fan's Libel Claims Against L.A. Clippers Player Russell Westbrook and the Utah Jazz
Westbrook and the Jazz characterized the fan's insults to Westbrook as racist; in context, the court concluded, these were constitutionally protected statements of opinion.
Who Decides Whether Trump Can Run, and What Sort of Evidence Suffices?
Letting state officials determine whether a candidate has "engaged in insurrection" opens a huge can of worms.
In Which States Is an Employee Protected from Firing for Making and Posting Porn Videos Off-Duty?
Colorado, North Dakota, probably Montana, and maybe New York.
10 Stories That Drove Free-Range Parents Crazy in 2023
And some good news, after all.
Hong Kong Police Targeting Overseas Activists and Speech
Police have set bounties on 13 activists, some living in the U.S.
A Bad Year for Drag Queen Foes
New anti-drag laws were deemed unconstitutional in every state where they were challenged this year.
Can the Government Be More Effective?
William D. Eggers discusses what he's learned about making the government less intrusive.
'I Relied on Others,' 'Documents Were Filed in the Wrong Place,' and Other Memorable Excuses
The year's highlights in blame shifting.
Fifth Circuit Rejects Younger Abstention Claim by Prosecutor Seeking to Prosecute Netflix for Airing "Cuties"
A rare federal court decision denying Younger abstention.
First Amendment Likely Protects Even Unlicensed Engineers' Right to Provide Expert Opinion in Government Proceedings
(Note that the court dealt with a professional licensing board's threat of punishment for such engineers; it doesn't deal with the separate question whether a government body may refuse to accept testimony from an unlicensed expert.)
Prediction: 2024 Will See Deadly Political Violence in the Streets
And there's still time left in 2023, the way things are going lately in New York.
Tweet Accusing Man of Rape Led to Gag Order Against the Accuser
The trial judge concluded the Tweet was “harassment by defamation.”
Trump's Promise to 'Indemnify' Cops 'Against Any and All Liability' Is Absurd for 2 Reasons
Police officers already are routinely indemnified, and suing them for abuse is much harder than Trump claims.
Social Media Censorship and The First Amendment
Stanford's Jay Bhattacharya debates St. John University's Kate Klonick on the federal government's role in social media censorship.
My Favorite Things (TSA Version)
A reined-in TSA would be the sound of music to many Americans' ears.
ICE Leaked These Asylum Seekers' Personal Information. A Court Just Dismissed Their Lawsuit.
“The victims may not have been persecuted or tortured due to the data breach yet, but the likelihood of those outcomes has increased due to ICE’s conduct.”
Abortion-Funding/-Supporting Groups' Challenges to Texas Abortion Laws Can Proceed for Now
The district court just dismissed certain procedural objections to them, though it wasn't asked to consider the substantive arguments.
Nirvana Nevermind Cover Baby's Child Pornography Lawsuit Isn't Barred by Statute of Limitations,
the Ninth Circuit rules, though expressly noting that "The question whether the Nevermind album cover meets the definition of child pornography is not at issue in this appeal."
#TheyLied Libel Lawsuit Over Allegations of Sexual Harassment Can Proceed,
recommends a Magistrate Judge, in a case brought over defendant student organization chair's claims that plaintiff had engaged in "sever[e], consisten[t], and widespread" misbehavior.
Was the Capitol Riot an 'Insurrection,' and Did Trump 'Engage in' It?
The Colorado Supreme Court's reasoning in deciding that Trump is constitutionally disqualified from running for president seems iffy.
Stella Assange: Why Isn't Julian Assange a Free Man?
Stella Assange discusses the imprisonment of her husband on the third episode of Just Asking Questions.
The Flimsy RICO Case Against Atlanta's Cop City Protestors
Law enforcement officials appear to have tarred ad hoc bands of protesters as members of an organized criminal movement.
Libel Suit Terminated Because of Plaintiff's Discovery Misconduct
The flip side of what happened with defendant-side discovery misconduct in the Rudy Giuliani and Alex Jones cases, though with much smaller stakes.
Substackers Battle Over Banning Nazis
Some Substack writers are pressuring the platform to change its moderation policies. Others are urging Substack not to listen.
How Magazine Bans Thwart Self-Defense
Bans on standard magazines benefit criminals and endanger victims
Libertarian History/Philosophy
Jennifer Burns: Why Milton Friedman Matters More Than Ever
The biographer of the Nobel laureate says he made us "free to choose" in areas far beyond economics.
Milei's New Anti-Protest Measures Are Put to the Test
Milei's critics have argued the government's measures are a "criminalization of the right to protest," but a closer look shows that those concerns are somewhat exaggerated.
10-Year-Old Kid Offered Probation for Peeing Behind His Mom's Car
His mom is rejecting the prosecutors' absurdly strict probation rules.
Sentencing Commission Again Proposes Restricting Judges' Use of Acquitted Conduct
Judges can sentence defendants for charges they were acquitted of by a jury, a practice that troubles criminal justice advocates, civil liberties groups, and several Supreme Court justices.
This Innocent Woman Is on the Hook for Thousands After a SWAT Team Destroyed Her Home
An error-prone investigation in search of a fugitive led police to Amy Hadley's house.
Houthis Ruin Christmas
Plus: The fertility crisis, the origins of Israel, El Segundo's tech scene, and more...
Giuliani Never Puts Up, but He Never Shuts Up Either
The former Trump lawyer could have avoided a massive defamation verdict by presenting his "definitively clear" evidence of election fraud.
