Civil Liberties
The First Amendment Is an Arms Control Agreement
One of the functions of the First Amendment is to create a kind of arms control agreement: With respect to censorship, all sides agree to lay down their arms.
Is Free Speech Doomed in Hong Kong?
Last week’s sedition conviction is yet another step backward for press freedom.
The Soft Totalitarianism of the Political Class
Officials pursue an anti-liberty agenda through unofficial pressure and foreign regulators.
How Should the U.S. Respond to Hamas Executing Americans?
Plus: A listener asks the editors, when it is right to revolt to stop repeated miscarriages of justice?
This Texas Woman Was Jailed for Her Journalism. Is She the Future of Media?
Priscilla Villarreal, known as "Lagordiloca," is suing law enforcement for violating her First Amendment rights. She is appealing to the Supreme Court.
Campus Free Speech, 2024
For free speech on campus, Brandeis and Holmes should guide colleges and universities.
$1.85M Award in #TheyLied Lawsuit Over False Accusation of Rape
The award consisted of $1.5M compensatory damages and $350K punitives.
Massachusetts Switchblade Ban Overturned on Second Amendment Grounds
The Second Amendment doesn’t protect guns; it protects the human right to self-defense.
Private Universities That Reject First Amendment Principles Put Themselves At Legal Risk (Updated)
Conforming speech policies to the First Amendment would serve private universities well, legally and otherwise.
Confusing Use of Another Political Group's Name as "Source Identifier" May Lead to Trademark Injunction
A dissenting subgroup of the Libertarian Party of Michigan was barred from "from identifying as the Libertarian Party of Michigan in the provision of services."
More Babies!
Plus: Kamala Harris' big night, Japan ignores climate critics, Rio cops lose their minds, and more...
These Democrats Want the FEC To Crack Down on Elon Musk's Grok
Seven congressional Democrats called on the FEC to stop deepfakes. But is there really much to worry about?
State Bar's Ideological Statement May Violate First Amendment Rights of Dissenting Members, If It Purports to Speak for Lawyers Generally
"[M]uch of [the Oregon State Bar statement's] criticism of then-President Trump did not relate to the justice system at all—for instance, it criticized Trump for describing Haiti and African countries as 'shithole countries.'"
How Post-Arrest DNA Swabs Threaten Innocent People's Privacy
Most states collect DNA from felony arrestees pretrial. They should need a warrant to do so.
Federal Ban on Gun Possession by Drug Users Is Often Unconstitutional
"[O]ur history and tradition may support some limits on a presently intoxicated person's right to carry a weapon ..., but they do not support disarming a sober person based solely on past substance usage."
Eighth Circuit Wrongly Struck Down Missouri's Gun Sanctuary Law - But Also Created a Roadmap for How Such Laws Can Escape Invalidation in the Future
The court indicates the law would be constitutional so long as it does not claim to declare a federal law "invalid."
Sarah Palin Gets New Trial in Libel Lawsuit Against N.Y. Times
"[T]he district court’s Rule 50 ruling improperly intruded on the province of the jury by making credibility determinations, weighing evidence, and ignoring facts or inferences that a reasonable juror could plausibly have found to support Palin’s case."
The History of Bans on Types of Arms Before 1900
Restrictions on carry, minors, and misuse were the norm -- not bans
Telegram CEO Pavel Durov's Arrest Is Part of a Global War on Free Speech
Governments around the world seek to suppress ideas and control communications channels.
This Nebraska Man Almost Lost His Home and All of Its Equity Over a Small Tax Debt. He Just Won in Court.
Kevin Fair fell behind on his property taxes in 2014. The local government eventually gave a private investor the deed to his home.
Tennessee School Expels 10-Year-Old for Making a Finger Gun
The fifth-grader was punished as part of a law that requires students who make threats of "mass violence" be expelled for at least a year.
Mark Zuckerberg Blames Biden for 'Government Pressure' To Censor Facebook
The Meta CEO says his platforms will not blindly obey the bureaucrats again.
Eighth Circuit Rejects Missouri's Second Amendment Preservation Act
States cannot invalidate or refuse to recognize federal law.
Florida Police Officer Arrested and Charged in Fatal Shooting of 23-Year-Old Airman Roger Fortson
Fortson answered the door holding a legally owned handgun at his side. Within three seconds, a police officer shot him six times.
Wait, Democrats Now Say They Love Freedom?
Plus: Does the government own too much land in Utah? And the latest response to Friends star Matthew Perry’s drug overdose death.
British TV Star in Trouble With Child Services After Letting a 15-Year-Old Take a Trip
Kirstie Allsopp posted online about her teen son's trip around Europe. Then someone reported her to the government.
Is Pavel Durov the Next Julian Assange?
The Telegram co-founder may become a free-expression martyr for the terrible crime of enabling permissionless speech.
Material in Pennsylvania Sen. Douglas Mastriano's Lawsuit Related to His Ph.D. Thesis Should Be Unsealed
So the District Court in Sen. Mastriano's case just held.
Putin and the Ayatollah Wanted To Censor This App. Now It's Macron's Turn.
French police arrested Telegram founder Pavel Durov for failing to control his social media and messaging app.