Civil Liberties
Sen. Mike Lee Wants To Ban Porn by Redefining 'Obscene'
The IODA aims to edit the legal defintion of "obscenity" to allow for the regulation of most pornography. But even if it passes, a nationwide porn ban is unlikely to succeed.
In One Arizona County, Child Protective Services Will Eventually Investigate Two-Thirds of Black Children
A staggeringly high number of families are subject to child abuse and neglect investigations in Maricopa County, Arizona.
The FBI Paid Twitter $3.4 Million for Processing Requests
The latest Twitter Files installment shows the FBI paid Twitter millions of dollars to cover the costs of processing the agency's requests. Yikes.
No Pseudonymity in Case Alleging Disability Discrimination Based on "Major Depressive Disorder"
“[I]t is reasonable to expect the person invoking the Court’s jurisdiction to set aside some of his privacy. Many statutes, such as the ADA [...] require a plaintiff to set aside his [] privacy and disclose information that he [] may otherwise wish to keep confidential.”
Court Orders Employer Not to Report Employee's Husband to Immigration Authorities
The employer had apparently threatened to do so as retaliation for the plaintiff's wage-and-hour violation claim.
Biden Is Set To Sign $858 Billion Pentagon Budget—One of the Biggest Ever
Plus: North Carolina strikes down voter ID law, more turmoil at Twitter, and more...
Canada Threatens Free Speech in the Guise of Nationalistic Obsessions
Demands by lawmakers and government officials for locally produced content may lead to online censorship.
Absolute Immunity Puts Prosecutors Above the Law
By giving powerful law enforcement officials absolute immunity from civil liability, the Supreme Court leaves their victims with no recourse.
Twitter Files: The FBI Frequently Flagged Joke Tweets, Asked for Moderation
Maybe the FBI has something better to do with its time?
Journal of Free Speech Law: "Why Freedom of Expression Is Better Protected in Europe Than in the United States,"
by Prof. Thomas Hochmann (Univ. of Paris Nanterre), 2 J. Free Speech L. 63 (2022).
Phoenix and the NFL Are Censoring Small Business Owners' Signs
Property owners are required to get permission from the city, the NFL, and/or the private Arizona Super Bowl Host Committee before displaying temporary advertisements and signs.
5 Louisiana Officers Indicted for Beating Motorist Ronald Greene to Death, Then Covering It Up
Credit the leaking of body camera footage to the press for helping force the matter.
Elon Musk Kicks Tech Journalists, Mastodon Off Twitter
Plus: Sen. Mike Lee wants to remove First Amendment protections for porn, IRS doxxes taxpayers, and more...
Analogical Reasoning and the Second Amendment
In historical inquiry, reasoning by analogy is a commonplace task for any lawyer or judge.
Elizabeth Warren's Crypto Bill Targets Financial Freedom, Not Fraud
Senator Warren wants to extend the financial surveillance state cooked up by drug warriors and anti-terrorism fearmongers to cryptocurrencies.
Sifting Through the Twitter Files: Live With Nick Gillespie and Zach Weissmueller
Join Reason on YouTube and Facebook at 1 p.m. Eastern for a live analysis of the internal Twitter documents recently published by Matt Taibbi, Bari Weiss, and Michael Shellenberger.
Should Courts Appoint Historians as Experts in Second Amendment Cases?
Courts, not “experts,” should say what the law is.
Did the Fourteenth Amendment Alter the Meaning of the Second Amendment?
1791, not 1868, is the key date for determining the original understanding of the Second Amendment.
This Mom Was Jailed for Leaving Her Teen Home Alone. Now, She's Suing.
An appeals court rejected a qualified immunity defense.
Bipartisan Bill To Ban TikTok Is Unworkable and Unnecessary
Plus: Justin Amash and Jane Coaston talk about the Libertarian Party, a fatal flaw in anti-vaping studies, and more...
The World Is Still Getting Less Free. A Distressing Number of People Think That's Fine.
Report: “Half of democratic governments around the world are in decline.”
Elon Musk Should Take a Clear Stand Against Censorship by Proxy
The most disturbing aspect of the “Twitter Files” is the platform’s cozy relationship with federal officials who demanded suppression of speech they considered dangerous.
Biden Signs Respect for Marriage Act Into Law
Federal recognition of same-sex marriage is now officially on the books and no longer dependent on the Supreme Court.
"Plain Text"
When the Second Amendment's plain text covers conduct, it is presumptively protected.
Senate Investigation Finds Federal Prisons Fail to Prevent or Investigate Rapes
Long delays and management failures "allowed serious, repeated sexual abuse in at least four facilities to go undetected."
Merchants of Death, Swaps, and Shake-ups
Plus: The editors briefly celebrate a noteworthy shake-up in the Senate.
California City Pays $300,000 to Marine Veteran Tackled for Filming a Cop From His Porch
The city of Vallejo, California, has paid millions in recent years to settle excessive force lawsuits against its heavy-handed police force.
This Teen Was Acquitted of Killing His Accomplice. He Was Punished for It Anyway.
Seventeen retired federal judges, appointed by both Republicans and Democrats, filed a brief supporting his appeal.
No Gag Order Against Extrajudicial Commentary in AR-15-Related Intellectual Property Case
"Armory correctly notes the InRange Video and Recoil Article are accessible "to millions of people," as is anything posted publicly on the internet. Nonetheless, Armory fails to show the InRange Video or Recoil Article reached members of the potential jury pool, let alone irreparably tainted them."
Twitter Files: FBI, DHS Reported Tweets for Election Misinformation
Content moderators had "weekly confabs" with law enforcement officials, reports Matt Taibbi.
"Free Speech, Same-Sex Marriage, and Anti-Discrimination Laws"
A podcast conversation on 303 Creative between Joshua Matz and me, hosted by Jeffrey Rosen.