Filming Cops Is a First Amendment Right. The Feds Keep Harassing People for It Anyway.
Most federal appeals courts have recognized the right to record police. DHS employees nevertheless seem to view it as a crime.
Civil Liberties
Jared Polis' Controversial Commutation of Tina Peters' Prison Sentence Upholds Freedom of Speech
Colorado's governor agreed with a state appeals court that the former Mesa County clerk had been punished for her wacky beliefs about the 2020 election as well as her illegal conduct.
Plaintiff Can Sue Pseudonymously Because She's a Criminal Defense Lawyer with a Gambling Addiction
But reputational and professional harm is generally not a basis for allowing pseudonymity in most cases (since so many litigants face some such harm from the allegations in their cases being public). Did it make sense to allow it here?
An Alabama Mom Delivered a Preterm Baby in a Jail Cell. She Says Staff Refused To Help.
The mother is suing after she delivered her preterm baby on the jail's floor following 24 hours of labor with no medical assistance.
Virginia's New 'Assault Firearm' Ban Is Plainly Unconstitutional, a Federal Lawsuit Argues
Three Second Amendment groups say the law violates the right to own arms in common use for self-defense and other lawful purposes.
Judge Stops U.S. Treasury From Sanctioning Someone's Speech
The Trump administration accused Francesca Albanese of “lawfare that targets U.S. and Israeli persons.” But a court said that’s not ground to seize her property.
Trump's 'Golden Dome' Estimated To Cost $1.2 Trillion, New Report Reveals
The project’s critics have compared it to Reagan’s failed “Star Wars” initiative.
The Global War on Free Speech
Jacob Mchangama and Jeff Kosseff discuss the global decline of free speech, why democracies are embracing censorship, and what can be done to protect open debate.
The Federal Government Tried To Spy on Your Financial Transactions. A Texas Court Just Said No.
The ruling is a victory not just for one Texas title company, but for the principle that agencies like FinCEN can only do what Congress actually authorized.
Abortion by Mail
Plus: Chinese relations, far-right extremists, Yale discriminated, and more...
Supreme Court "Shadow Docket" Order Preserves Mifepristone Via Telemedicine--For Now
The Court stayed a lower court order that would have blocked FDA rules allowing the prescription of mifepristone to terminate pregnancies via telemedicine.
U.K. Targets U.S. Suicide Forum With Massive Fine It'll Never Collect
British speech police try to impose their restrictions on the entire world.
Cops Get Qualified Immunity After Michigan Man Spends 13 Hours in Vomit and Dies in Jail
A court granted qualified immunity to all 11 deputies accused of violating John Griswold’s 14th Amendment rights.
The Trump Administration Is a Powerful but Unreliable Ally of Second Amendment Advocates
Even as the Justice Department files lawsuits aimed at vindicating gun rights, it undermines them in other cases.
How the ACLU Started Defending the Second Amendment
The civil liberties group, which long maintained that there is no constitutional right to arms, sang a different tune at the Supreme Court this year.
A U.S. Citizen Is Suing ICE for Arresting Him Twice. He Just Got Arrested a Third Time.
Leo Garcia Venegas and the Institute for Justice are suing to block immigration raids on private construction sites that target Latinos.
Lawsuit Against UW Social Work School Over Retaliation for Allegedly Anti-Trans Essay Can Go Forward
According to plaintiff, “[Prof.] Harner believed Plaintiff’s planned zine project [class assignment] was on ‘the issue of ‘trans’ people sexually assaulting others in prison,’ a topic Harner found ‘so many issues with.’”
Clarence Thomas Sets a New SCOTUS Record
Plus: A "supremely cringe" viral tweet about the Supreme Court
Justice Alito Extends Administrative Stay of Mifepristone Order
The justices will consider what to do with the Fifth Circuit's mifepristone order for a few more days
Brendan Carr's 'Equal Time' Threat Against The View Is Blatantly Unconstitutional, ABC Says
The FCC chairman seems determined to impose a requirement that would amount to a ban on interviews with political candidates.
Don't Blame ChatGPT for the Florida State Shooting
A new lawsuit claims that ChatGPT gave the shooter information about busy times on campus and how to use guns.
"New York Recognizes No Tort of 'Misgendering'"
The losing party on this had argued, "[The other party's lawyer] gives up the ghost as a transphobe twisting the First Amendment to mean, in effect, 'Intentionally misgendering you is free, not hate, speech,' a hollow, disingenuous notion echoing willfully ignorant, intellectually dishonest predators who weaponize incompetence as our social fabric tears at the seams in this 'Age of Information.'"
Father Free to Send Children to Church Camp During His Parenting Time, Even When Mother Objects to Church's Views on Women
"[A]bsent a clear showing of substantial harm to the child, the noncustodial parent retains his or her fundamental right to direct the child's religious upbringing during his or her parenting time."
Secret ICE Memo Tells Local Police Not To Disclose Immigration Enforcement Info Without ICE's Permission
The agency's transparency policies may undermine federal and state laws designed to ensure the free flow of information necessary to hold government actors accountable.
D.C. Circuit Seems Disinclined To Let Pete Hegseth Punish a Senator for His Speech
The defense secretary argues that military retirees like Sen. Mark Kelly are not allowed to say things he unilaterally deems "prejudicial to good order and discipline."
The Mifepristone Briefs Are In, But One Dog Did Not (Yet) Bark
It appears the Supreme Court will decide the fate of telemedicine prescriptions for mifepristone without the benefit of an FDA filing.
ATF Rule Changes Could Ease Restrictions for Gun Owners and Dealers
While not groundbreaking, the regulatory shifts offer some welcome relief.
Important Takings Challenge to Los Angeles Historic Preservation Law "Monument" Designation
Historic preservation laws often violate constitutional property rights, and block construction of new housing.
DHS Reportedly Weighs Closing Florida's 'Alligator Alcatraz' Over Mounting Costs
Sources say the immigration detention center costs more than $1 million a day to run.
Pastor Found Guilty of Violating U.K. Speech Laws for Preaching John 3:16 Sermon Near Hospital
Clive Johnston's conviction marks the first of its kind under buffer zone laws involving speech entirely unrelated to abortion.
DOJ Challenges Denver's 'Assault Weapon' Ban and Colorado's Magazine Limit
Assistant Attorney General Harmeet Dhillon argues that both laws violate the Second Amendment by banning arms in common use for lawful purposes.
