Civil Liberties
The Stop Comstock Act Doesn't Go Far Enough
Upcoming legislation would repeal parts of the 1873 law that could be used to target abortion, but the Comstock Act's reach is much more broad than that.
'Independence Therapy' Could Revolutionize Treatment for Child Anxiety
A pilot study encouraged parents to let their kids go free-range.
Florida S. Ct. Reads Florida Anti-Riot Statute as Narrowly Focused on Violence
In this, the court agrees with the Florida Attorney General and the Governor’s office, and disagrees with the challengers who are trying to get the statute struck down on First Amendment grounds.
Professors Lacked First Amendment Right to Post Flyers Calling Colleague and Student Group Racist
Two public university professors were disciplined for posting fliers saying a colleague was racist, and that a student group (Turning Point USA) was a racist "national hate group" with "ties to white supremacy."
SCOTUS Makes It Easier for Victims of Retaliatory Arrests To Vindicate Their First Amendment Rights
The justices ruled that "objective evidence" of retaliation does not require "very specific comparator evidence."
Ian Vasquez: What Has Javier Milei Accomplished in Argentina?
The Cato Institute's Ian Vasquez recently organized a conference in Argentina featuring President Javier Milei. He gives an update on the presidency.
Why Some Arizona Republicans Are Defending Abortion Rights
A handful of Republican lawmakers worked with Democrats to repeal an 1864 law banning most abortions.
"Indian National" Extradited "in Connection with Foiled Plot to Assassinate U.S. Citizen" for Citizen's Sikh Separatist Advocacy
The government alleges that Nikhil Gupta was involved in a "plot, directed by an employee of the Indian government, to target and assassinate a U.S. citizen for his support of the Sikh separatist movement in India."
A Federal Judge Rejects the Lame Excuses of Texas Cops Who Kidnapped a Supposedly 'Abandoned' Teenager
The decision clears the way for a jury to consider Megan and Adam McMurry's constitutional claims against the officers who snatched their daughter.
Shouting "Chick with a Dick" "Multiple Times" at City Council Meeting Was Disruptive, Could Justify Ejection
So holds a federal court, also concluding that earlier sexual discussions could likewise justify restriction in the open public comment period (treated by the law as a “limited public forum,” in which reasonable and viewpoint-neutral restrictions are constitutional).
Judge Tosses Biometric Data Suit Against X
X's child porn detection system doesn’t violate an Illinois biometric privacy law, the judge ruled.
A Florida Man Was Arrested for Filming Marion County Sheriff's Deputies. Now He's Suing.
Numerous federal appeals courts have ruled that filming police is protected under the First Amendment, but police continue to illegally arrest people for it.
No Charges in ATF Killing Over Paperwork Firearms Violation
Vague rules and an unjustified raid led to Bryan Malinowski’s brutal death at the hands of federal agents.
Critics Fundamentally Misconstrue the Supreme Court's Bump Stock Ruling
The case hinged on the ATF’s statutory authority, not the Second Amendment.
Biden Administration Seeks Overly Harsh Sentences for Blocking Abortion Clinic Access
Whatever you think of abortion, the Department of Justice's latest approach to these cases is misguided.
Journal of Free Speech Law: "FDA Regulation of Physicians' Professional Speech," by Prof. Barbara J. Evans
An early article from what will eventually be several on Information as Medicine.
President Biden Should Pardon D.M. Bennett
Issuing a posthumous pardon for Bennett would reaffirm our nation’s commitment to free expression and intellectual freedom.
Abortion, Guns, and Hunter Biden.
Plus: A listener asks the editors about the Selective Service.
Government Warns That Playground Equipment Gets Hot
Thanks for the heads up, U.S. Consumer Product Safety Commission.
Court Refuses to Order Redaction of Filings That Reveal Litigant's Past Pseudonymous Lawsuits
A California trial court so ruled, and the California Court of Appeal just upheld that decision.
Biden Notes Trump's History of 'Sexual Assault' but Highlights '34 Felonies' That Victimized No One
Facing an opponent who has been credibly described as a sexual predator, Biden instead emphasizes Trump's cover-up of a consensual encounter.
Is Promotion of Free Services "Commercial Speech" for First Amendment Purposes?
One of several interesting questions that arises in a case involving regulations of pregnancy centers that seek to help pregnant women without offering abortions or abortion counseling.
A Frightening View of Free Speech and Academic Freedom at Harvard
A Harvard Dean suggests universities can and should limit controversial speech.
House Passes Bill To Automatically Register Young Men for the Draft
The Selective Service should be abolished, not made more efficient and equitable.
Illinois License Plate Cameras Are Violating People's Constitutional Rights, Says New Suit
The plaintiffs are challenging the state's widespread surveillance, which it collects through over 600 cameras.
Supreme Court Upholds the Rule of Law by Rejecting the Trump Administration's Bump Stock Ban
Six justices agreed that federal regulators had misconstrued the statutory definition of a machine gun.
The 'Bombshell' Secret Alito Recording Was Not a Bombshell
The justice's benign comments set off a lengthy news cycle and have been treated as a scandal by some in the media. Why?
Justice Department Says Phoenix Police Violated Rights of Children, Minorities, Protesters, Homeless People
Phoenix police are trained that "deescalation" means overwhelming and immediate force, whether or not it's necessary.
Justices Agree on Constitutionality of Trademark Restriction, Disagree on How to Approach Such Questions
The underlying methodological debate might also bear on free speech disputes more broadly.
Unanimous Supreme Court Rejects Abortion Pill Challenge
A "desire to make a drug less available for others does not establish standing to sue," wrote Justice Brett Kavanaugh in the Court's opinion.
Javier Milei's Tax and Omnibus Bills Narrowly Pass Argentine Senate
...as protests outside Congress escalate into violence.
Unanimous Supreme Court Finds No Standing to Challenge FDA Regulation of Mifepristone (UPDATED)
Not a single justice was impressed by the unimpressive standing theories offered in Alliance for Hippocratic Medicine v. FDA.
Plaintiff Sufficiently Alleged Knowing/Reckless Falsehood in CNN Story About Evacuating Afghans During Withdrawal
"Young proffered CNN messages and emails that showed internal concern about the completeness and veracity of the reporting—the story is 'a mess,' 'incomplete,' not 'fleshed out for digital,' 'the story is 80% emotion, 20% obscured fact,' and 'full of holes like Swiss cheese.'"
It Is Illiberal To Charge Teens With Felonies for Vandalizing a Pride Crosswalk
You don't promote acceptance by locking people up for victimless crimes.
New Atlantic Article on "The Constitutional Case Against Exclusionary Zoning"
It is coauthored with Josh Braver.
Florida Court Rejects Pseudonymous Petition to Get Public Records
The case involved a public records request to identify the "six or seven pretty big legal conservative heavyweights" whom Gov. DeSantis labeled as "trusted advisors for his judicial appointments to the Florida Supreme Court."
Mandatory National Military Service Is a Bad Idea
Donald Trump's acting Secretary of Defense Christopher Miller advocated the plan this week, which Trump later called a "ridiculous idea."
Going Down?
Plus: Hunter Biden is guilty of crimes that shouldn't be crimes, North Dakota's voters take on gerontocracy, and more...
Oklahoma S. Ct. Vacates Restraining Order Against Self-Described Pastor Who Was Sharply Condemning Pro-Gay-Equality Activists
The court concludes the pastor's posts were about the activists' organization (Oklahomans for Equality) and not about them personally; it thus avoided having to decide whether the First Amendment would have protected the speech if it was indeed about the activists personally.
