A Breakable Regime
Plus: Wealth tax barely understood by its proponents, Jerome Powell investigated, why sobriety sucks, and more...
Civil Liberties
Google Missed Key Deadline in Suit Alleging Google's AI Libeled Business, Court Holds
A federal district court rules that the case should go back to Minnesota state court, rather than being in federal court.
Court Refuses to Seal Case Involving Government's Motion to Authorize Disclosure of Tax Returns
"The substantial public interests implicated by questions of the proper scope of Executive power and the statutory limits on access to tax information warrant public disclosure. While this case, and ... this decision, are now unsealed, the underlying Application and its supporting materials will remain under seal, at least while the investigation remains active ...."
First Amendment Protects Islam Expert's Post-Sept. 11 Speech Urging People to Join Taliban
So a Fourth Circuit panel held today, vacating the defendant's convictions from 2005.
Constitutional to Expel Law Student for Writing "[W]hatever Harvard Professor Noel Ignatiev Meant by … '[A]bolish the White Race by Any Means Necessary' … Must Be Done with Jews"
An Eleventh Circuit panel concludes (by a 2-1 vote) that this is likely the right result.
Should Child Protective Services Intervene More?
Naomi Schaefer Riley and Martin Guggenheim debate the proper role of child protective services.
DHS Invokes Immigration Enforcement To Justify Gathering Americans' DNA
A proposed rule change would allow routine gathering of biometric data without a warrant.
Why Insulting Brigitte Macron Online Can Mean Prison Time in France
Ten Frenchmen were given fines, jail time, and social media bans for accusing their first lady of being a pedophilic gay man.
Elon Musk Said Rand Paul Is the One Person in Washington Who 'Gets It'
In an interview with Reason, CNN's Scott Jennings recounts the conversation he had with the tech entrepreneur about his distaste for exorbitant government spending.
N.J. Appellate Court Reverses "Red Flag" Order Barring Gun Possession by Mother Whose Son Had Just Died
The order had apparently been issued just based on the father’s statement, right after he learned of the death, that the mother (his wife) “would shoot herself.”
Transgender Athletes, Guns, and the Federal Reserve: 3 SCOTUS Cases To Watch in January
The Supreme Court’s January docket is packed with big cases.
The Trump Administration Says It's Illegal To Record Videos of ICE. Here's What the Law Says.
"Violence is anything that threatens them and their safety, so it is doxing them, it's videotaping them where they're at when they're out on operations," Homeland Security Secretary Kristi Noem said.
Inspector General Report Finds Serious Failures Led to an Inmate Wasting Away From Treatable Cancer
Frederick Bardell died from treatable colon cancer after waiting six months for a colonoscopy.
Trump Wants To Seize Greenland Because He Doesn't Understand Trade
Presidents should try to nudge the world toward more trade and less war whenever possible. Trump is doing the opposite.
Arizona Parents' Bill of Rights Claim Over School's Concealment of Child's "In-School Gender Transition" Can Go Forward,
rules an Arizona appellate court, rejecting defendants' claims that the case was moot, and wasn't timely filed.
California's Ban on Openly Carrying Guns Is Unconstitutional, 9th Circuit Says
The ruling, which emphasizes the lack of historical support for such a law, is unlikely to survive en banc review.
Revised and Updated Version of My Article "Immigration is Not Invasion"
It is now available on SSRN. The revision adds additional evidence, and takes account of various recent events, including Trump's military intervention in Venezuela.
No Need for Expert Evidence as to Media Defendant Negligence in Resisting Anti-SLAPP Motion,
at least when the dispute is over a simple identification error./
Requiring Registered Sex Offenders to Post Signs on Halloween Saying "No Candy or Treats at This Residence"
unconstitutionally compels speech, says the Eighth Circuit federal court of appeals.
Second Amendment Protects Right to Open Carry, Ninth Circuit Panel Holds (2-1)
If the decision doesn't go en banc, it may go to the Supreme Court, because the Second Circuit held the opposite (and there's thus a circuit split).
The DOJ Thinks Cocaine Couriers Are Not Worth Prosecuting. Trump Thinks They Deserve To Die.
Even as the president blows up drug boats, the government routinely declines to pursue charges against smugglers nabbed by the Coast Guard.
Suit Alleging Retaliatory Police Mislabeling as Repeat Violent Offender Can Go Forward
Plaintiff claims his actual offenses were a curfew violation during 2020 protests and spitting on FBI agent.
Presence of Probable Cause Precludes Claim That Immigration Arrest Was Retaliation for First-Amendment-Protected Speech
So concludes a federal district in Louisiana, disagreeing with a Ninth Circuit panel.
3 Areas Where the Courts Pushed Back Against Trump's Attempts To Avoid Judicial Review in 2025
The president asserted broad powers to deport people, impose tariffs, and deploy the National Guard based on his own unilateral determinations.
Did Brett Kavanaugh Just Apologize for Butchering the Fourth Amendment? Maybe.
Puzzling over a curious omission from the conservative justice.
If You Give a Bear a Badge, Will It Respect Your Rights?
Despite their general ignorance of constitutional law, bears pose a much less grave threat to your civil liberties than humans do.
Man Who Had Pleaded Guilty to Felony Forgery of Court Orders Sues Over Being Called "Convicted Felon"
From a Justice Department press release as to the original forgery: "Michael Arnstein's blatant criminal scheme to exploit the authority of the federal judiciary for his company's benefit was outrageous. As Arnstein has learned, his attempts to remove negative reviews about his business from Google search results by forging a U.S. District Court judge's signature may have worked in the short term, but it also earned him nine months in a federal prison."
Trump Bars 5 Europeans From the U.S. Over Their Censorship Efforts
Creeping authoritarianism in the European Union gets pushback from an administration that has its own rocky relationship with free speech.
How Politicians and Cops Tried To Dodge Responsibility in 2025
Presidents, legislators, and police officers were desperate to blame anyone but themselves.
School Employees' Lawsuit Claiming "Equity Training" Violated First Amendment Can Go Forward
So holds a majority of the Eighth Circuit federal court of appeals, sitting en banc.
These Progressives Seek to 'Disempower' the Courts
Is unfettered majority rule actually a good idea for the left to embrace?
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Innocent Man Sues for Over $60,000 After Police Blew Up His Business. A Court Says He's Entitled to Nothing.
It is yet another ruling that shields the government from liability for damages caused by law enforcement.
The TRUMP AMERICA AI Act Is Every Bit As Bad As You Would Expect. Maybe Worse.
Sen. Marsha Blackburn’s latest is an anti-tech omnibus, combining years' worth of dangerous policy ideas into one big, bad bill.
Bail Reform Faces Backlash as Policymakers Move To Require Cash Bond for Pre-Trial Defendants
Critics of cash bail say it creates a two-tiered justice system: Those who can pay maintain their freedom, while those unable to pay remain behind bars.
