Lawyers' Public Allegations of Racial Prejudice by Trial Judge Lead to 30-Day Suspension
The Florida Supreme Court concludes that, among other things, the allegations were knowingly or recklessly false.
Civil Liberties
Immigration Raids Are Ensnaring Innocent, Legal Bystanders
That's inevitable. It should also be deeply troubling to anyone who cares about constitutional government.
Student Visa Applicants Will Now Be Forced To Make Their Social Media Accounts Public
The Trump administration continues its war against disfavored speech.
Pride Is a Triumph of the First Amendment
Free speech, assembly, and protest—not government action—have powered LGBTQ+ progress in America.
Reflections on the 10th Anniversary of Obergefell v. Hodges - A Great Civil Rights Milestone that Could be Even Better
The Supreme Court's ruling striking down laws banning same-sex marriage was a great victory for liberty and equality. But it should have been based on better legal reasoning.
Reason Earns 15 Southern California Journalism Awards
First-place finishes include a piece on the Dutch "dropping" rite of passage, a documentary exploring citizen journalism and free speech, and a long-form interview with exoneree Amanda Knox.
Advertising Companies Cave to the FTC. Media Matters Sues To Defend the First Amendment.
Omnicom Group and the Interpublic Group of Companies accepted the Federal Trade Commission's anti-boycott proviso to complete their merger. Instead of capitulating to the commission, Media Matters is suing.
Defamation, Emotional Distress, Racism/Sexism Allegations, and Discovery
"[Defendant ex-employer's] request for all of [plaintiff's] communications containing language that is sexist or racist is overbroad."
Conflict and Loathing Among Signature Gatherers + Battery, Slurs, and Self-Defense
"While Mr. Legorreta may have been calling Cobham an 'asshole' and making other comments, and even if he called Cobham the 'N' word these events do not justify or provide a defense of self-defense."
Crossing the U.S. Border? Keep Your Electronic Devices Safe from Searches.
Officials at the border have the power to paw through sensitive data on your phone.
The Rationale for Deporting Mahmoud Khalil Is Alarmingly Vague and Broad
Marco Rubio’s nebulous invocation of foreign policy interests is bound to have a chilling impact on freedom of speech, which is the whole point.
Supreme Court Issues Terrible Shadow Docket Decision Lifting Injunction Against "Third Country" Deportations of Migrants Without Due Process
The ruling includes no analysis. Justice Sotomayor's dissent has a compelling explanation of why it is wrong.
Don't Blame 23andMe for the Federal Government's Lack of Clear Data Privacy Rules
A lawsuit against the genomics company "imposes top-down restrictions" rather than "establishing clear rules" or "letting companies equip individuals with better tools to manage their privacy," says one expert.
Big Business as Gun Control
Partly from coercion and partly by choice, many banks and social media businesses impose severe gun controls
Illinois Court Dismisses Defamation Suit Based on Allegations that Plaintiff Teacher Was "Anti-White" etc.
The court does, however, leave open the possibility that the plaintiff can file an amended complaint that can go forward.
No Pseudonymity for Vexatious Litigant, Even When She Is Alleging Sexual Assault
"[A]llowing plaintiff to proceed under a pseudonym could enable her to evade judicial oversight under the vexatious litigant rules by obscuring her litigation history and identity across multiple cases."
Appeals Court Blocks Louisiana Ten Commandments in Classrooms Law
"If H.B. 71 goes into effect, Students will be subjected to unwelcome displays of the Ten Commandments for the entirety of their public school education. There is no opt-out option," the court's opinion reads.
Trump's Unconstitutional Act of War
Plus: A criminal justice case that managed to unite Alito and Gorsuch.
Campaign Finance Laws Institutionalize Corruption
Powerful political allies get a pass, while dissenters are crushed with massive fines. This isn’t a flaw in the system—it’s the point.
No Preliminary Injunctions Against Penn's Sanctions on Prof. Amy Wax
"[W]hatever harm she claims, it is not imminent, irreparable harm. Her damages, if any, are monetary damages."
The 9th Circuit Says California's One-Per-Month Limit on Gun Purchases Is Unconstitutional
The appeals court concluded that the restriction impinges on the right to arms and is not consistent with the historical tradition of firearm regulation.
Abortion Rates Keep Rising After Dobbs
Strict abortion bans do not seem to be seriously stopping abortions.
The 20th Anniversary of Kelo v. City of New London
On this anniversary, I have posted two new articles related to one of the Supreme Court's most controversial decisions.
Did Elected Officials Violate First Amendment by Orchestrating Public Criticism of (and Racism Allegations Against) Their Critic?
"[P]ublic condemnations, op-eds, and official complaints ... through proxies are independent constitutional violations" if the officials "engaged in conduct that was motivated by the plaintiff's protected speech and had the requisite chilling effect on First Amendment activity."
Decisions to Restrict Online Access to Eviction Records Are for Judges, Not for Clerks of Court
So holds the Ohio Supreme Court.
Political Violence Surges Because Politics Matter Too Much
We’ve made government so powerful that people will fight rather than surrender control to the enemy.
A Judge's Order Freeing Mahmoud Khalil Is Yet Another Loss for the Trump Administration's Immigration Agenda
A federal judge didn't buy the Trump administration's claims about why it was keeping Khalil in an federal immigration detention center.
The 9th Circuit Rejects Trump's Audacious Claim That He Can Use the National Guard However He Likes
Although the appeals court said the president probably complied with the law he invoked to justify his California deployment, it emphasized that such decisions are subject to judicial review.
Court Rejects Lawyer's and Client's Libel Claim Over Inside Higher Ed's Coverage of Title IX Suits
The court appears unmoved by the claim that an earlier ruling sent the "wrong message ... that people of color (all the plaintiffs are Latino) do not have a chance to get their day in this Honorable Court."
Militarized Response to California Riots Seeks To Expand Federal Power
Militarized riot approach sets the nation on a dangerous course.
Florida Used a Nationwide Surveillance Camera Network 250 Times To Aid in Immigration Arrests
Flock Safety’s 40,000 cameras present in over 5,000 communities across the U.S. are being used to detain undocumented immigrants, many of whom have no criminal history.
Texas Legislators Say They Are Protecting Free Speech on Campus by Banning 'Expressive Activities' at Night
A bill awaiting the governor's signature represents a stark reversal from a 2019 law aimed at promoting "uninhibited debate."
Los Angeles Is Beating Trump by Not Punching Back: Dispatch from L.A.
Trump intends to win in L.A., but to do so, he needs an adversary willing to step into the ring he has devised. Two weeks in, L.A. residents remain unwilling to do so.
A Popular Spanish-Language Journalist Is in ICE Custody After Being Arrested at an Atlanta Protest
Mario Guevara built a following covering immigration arrests around Atlanta. Press freedom groups say police frivolously arrested him while he was covering a "No Kings" protest.
Trump's Immigration Crackdown Is Overwhelming ICE Facilities and Running Up Huge Bills
The cost of Trump's immigration crackdown keeps going up.
Writings on Juneteenth, its Meaning, and its Significance for American Liberty
Compendium of links to my writings about the holiday celebrating the abolition of slavery.
