RFK Jr.: The Reason Interview
RFK Jr. on libertarianism, Tulsi Gabbard, conspiracy theories, drugs, guns, free speech, and more
Civil Liberties
Qualified Immunity Meets the Takings Clause
A Sixth Circuit decision holds qualified immunity protects a state elevator inspector from being sued for taking a hotel's property.
Prison Ministry Group Sues Indiana Jail for Banning Amazon Books
The lawsuit claims the ban has no "legitimate penological justification"
Modi's Rotten Human Rights Record Didn't Keep Biden From Hosting Him
"During the visit, Biden could have refrained from deep public embraces of Modi or from emphasizing India's democracy. He chose to do neither," says Michael Kugelman.
Supreme Court Refuses To Expand the 'True Threats' Exception for Free Speech
Plus: Maine prostitution measure becomes law, "significant misconduct" in jail where Epstein hung himself, Mike Pence defends free markets, and more...
S. Ct. Decides: "True Threats" Exception Requires Showing that Speaker Was "Reckless," i.e.,
"consciously disregarded a substantial risk that his communications would be viewed as threatening violence."
Cops Use Phony Diagnoses To Explain Away Stun Gun Deaths
The National Association of Medical Examiners now says "excited delirium" should not be cited as a cause of death.
Challenge to Georgia BDS Law Loses on Qualified Immunity Grounds
The Eleventh Circuit therefore avoids deciding whether such laws are constitutional.
Supreme Court's Sidestep Leaves Native Kids Without Answers
While intended to keep Native families together, the ICWA subjects American Indian children to a lower level of protection than is enjoyed by non-Native kids.
No Absolute Privilege for Accuser's Allegations in College Disciplinary Proceedings; #TheyLied Libel Lawsuit
alleging the accuser lied in the proceedings can thus go forward, holds the Connecticut Supreme Court.
Right to Privacy Challenge to L.A. City Employee COVID Vaccine Mandate Can Go Forward,
though the city may yet prevail later in the case, if it can show enough facts justifying the mandate.
A Year Post-Dobbs, Major Shifts in Abortion Access and Politics
Plus: Court rules against judge who threw child stars in jail during parents' custody dispute, inside the FTC's attempt to stop Microsoft from acquiring Call of Duty, and more...
Ban on "Mentioning Child/Parental Alienation" and "Anything About" Ex, "Including But Not Limited to" …
"that which may be immediately or remotely interpreted as demeaning or belittling to him" struck down as unconstitutionally vague.
Schools Have No Constitutional Obligation to Try to Keep Students from Having Sex in the Parking Lot
"[T]he Does cannot wield the constitutional right to parent as a sword to require the district to adopt policies that help them to direct and control their son's choices," and likewise as to the right to free exercise of religion.
Hunter Biden's Prison-Free Plea Should Be Available to Everybody
If it's not a sweetheart deal, everyone else deserves the same leniency.
A Troubling Supreme Court Habeas Decision
The Supreme Court was wrong to deny relief to a man imprisoned for activity that Court's own rulings indicate was not illegal - one who never had an opportunity to challenge his incarceration on that basis.
Drag Is Protected Speech, Federal Judge Rules
It should be obvious that drag performances are protected by the First Amendment, but that hasn't kept government officials from trying to ban them.
Maryland Supreme Court Limits Testimony on Bullet-Matching Evidence
The ruling is likely the first by a state supreme court to undercut the popular forensic technique.
Why Is So Much of Reddit Dark Right Now?
When your business relies on volunteer moderators and user-generated content, angry denizens can threaten the whole enterprise.
Journal of Free Speech Law: "Saving the News," by Prof. Ramsi A. Woodcock
Just published as part of the symposium on Media and Society After Technological Disruption, edited by Profs. Justin "Gus" Hurwitz & Kyle Langvardt.
Brendan O'Neill: A Heretic's Manifesto
Spiked's leading polemicist defends J.K. Rowling, Brexit, and Enlightenment values of free speech and pluralism.
Economic Freedom Is Declining in the U.S.
We once ranked No. 4 in the world, according to the Heritage Foundation. Now we're 25th.
Colorado Ban on Any Law "Retrospective in Its Operation" Means Old Sex Assault Claims Can't Be Revived
The Colorado Supreme Court holds that the state constitution precludes revival of claims on which the statute of limitations has expired.
Can a Florida School District Ban a Children's Book About Gay Penguins?
The answer's more complicated than you might think.
Resourceful Indigenous Kids Survive 40 Days in Amazon Jungle
In the U.S., we arrest parents who let their 8-year-olds walk half a mile.
Arkansas Ban on Gender Transition Treatments for Minors Ruled Unconstitutional
Plus: New rules limit asylum applications, the bad math behind economic doomerism, and more...
Journal of Free Speech Law: "Structuring a Subsidy for Local Journalism," by Prof. Kyle Langvardt
Just published as part of the symposium on Media and Society After Technological Disruption, edited by Profs. Justin "Gus" Hurwitz & Kyle Langvardt.
Reporters Convicted of 'Trespass' for Doing Their Jobs
The guilty verdict came the same day the Justice Department blasted Minneapolis for harassing the press.
He's Facing Life in Prison for Owning Firearms Without a License
The government appears to agree that Charles Foehner shot a man in self-defense. He may spend decades behind bars anyway.
Europe's Bitcoin-Busting Mistake
The E.U.'s new virtual currency regulations will endanger privacy and trigger an exodus of tech talent from Europe, hobbling its role in the future of finance.
Journal of Free Speech Law: "From Hot News to Link Tax: The Dangers of a Quasi-Property Right in Information," by Paul Matzko
Just published as part of the symposium on Media and Society After Technological Disruption, edited by Profs. Justin "Gus" Hurwitz & Kyle Langvardt.
Federal Circuit Rules Temporary-but-Recurring Flooding of Property by the Government is an Automatic per se Taking
If the government floods private property on a recurring basis, it is automatically required to pay compensation, and owners' claims are not subject to a balancing test.
Upcoming Symposium Opportunity on "Rethinking Penn Central"
The Pacific Legal Foundation is sponsoring a symposium on this important issue, which may be of interest to legal scholars and others.
Journal of Free Speech Law: "How Local TV News Is Surviving Disruption as Newspapers Fail: Lessons Learned," by Prof. Laurie Thomas Lee
Just published as part of the symposium on Media and Society After Technological Disruption, edited by Profs. Justin "Gus" Hurwitz & Kyle Langvardt.
Journal of Free Speech Law: "Moderating the Fediverse: Content Moderation on Distributed Social Media," by Prof. Alan Rozenshtein
Just published as part of the symposium on Media and Society After Technological Disruption, edited by Profs. Justin "Gus" Hurwitz & Kyle Langvardt.
