New Jersey Supreme Court Requires Transparency for Facial Recognition Evidence
Prosecutors in New Jersey must disclose how the technology is used in criminal cases, the state’s Supreme Court ruled.
Civil Liberties
Kansas Proxy Advisory Transparency Act Likely Violates First Amendment
Its distinction between a voting recommendation "that aligns with the views of company management" and one that "recommends a vote against company management" is unconstitutionally viewpoint-based, a court holds.
Guns, Property Rights, and the Second Amendment
The government cannot force private property owners to allow guns on their land. But the Supreme Court rightly ruled today that it also cannot impose a presumption of exclusion.
Texas Man Gets 30 Years in Prison for Transporting 'Anti-Government' Pamphlets
Eight of the Prairieland Detention Center protesters were sentenced to a combined 450 years in prison.
SCOTUS Overturns Hawaii's Default Rule Against Guns on Private Property Open to the Public
The decision means similar laws in other states likewise violate the Second Amendment, and it casts doubt on the constitutionality of location-specific gun bans that cover a lot of territory.
DOJ Case Against Minneapolis Antifa Groups Has Concerning First Amendment Implications
"This indictment appears to be going way overboard, using a sledgehammer to address what might have been some infractions."
Supreme Court Ruling Offers Hope to an Iowa Marijuana User Who Got 4 Years for Owning Guns
The Supreme Court's decision in United States v. Hemani could open the door to relief for cannabis consumers convicted of illegal gun possession.
ICE Transfers Shouldn't Be Leaving Families in the Dark
Rapid transfers are cutting detainees off from their lawyers and families.
Who Owns Your Data?
The Supreme Court could be poised to decide whether it's you or Big Tech companies.
SCOTUS Unanimously Ruled That the Second Amendment Trumps Anti-Drug Sentiment
The decision is a modest but welcome step toward rectifying the injustice of criminalizing conduct that violates no one’s rights.
Fair Market Value Compensation for Takings is Often too Little, not too Much
Fair market value often fails to fully compensate property owners for their losses. This makes the Supreme Court's recent decision allowing compensation below fair market value even worse.
The Government Seized Their $195,000 Home Over a $2,242 Debt. What Does the Supreme Court Say They're Owed?
The Pung family of Isabella County, Michigan, maintained they were entitled to fair market value. The high court disagreed, but with a twist.
Clarence Thomas Explains Why the Commerce Clause Cannot Justify Federal Bans on Gun Possession
Even under the Supreme Court's highly elastic understanding of that clause, Thomas says, such laws do not qualify as regulation of interstate commerce.
ABC Asks Viewers To Defend the Network Against the FCC
FCC Chairman Brendan Carr is targeting the Disney-owned broadcaster with two different government enforcement actions.
Supreme Court Limits the Ability To Sue Prison Guards for Religious Liberty Violations
Understanding the stakes of Landor v. Louisiana Department of Corrections.
Metal Band GWAR Says Secret Service Contacted It Over Mock Onstage Execution of Trump
The sci-fi scumlords GWAR have been killing presidents onstage for years, but until now they say they've never had problems with the Secret Service.
Supreme Court Issues Terrible Takings Decision in Pung v. Isabella County
The Court ruled that local goverments may pay compensation far below fair market value for property seized in tax foreclosures.
You Can Root for Iran at the World Cup Without Rooting for the Iranian Regime
Plus: the worst rule at the World Cup, and the worst person in golf?
Trump Says His Task Force Is Fighting a Foreign 'Invasion.' It's Busting Americans for Drugs Instead.
How Trump rebranded the war on drugs as a fight against illegal immigration
On Marijuana and Guns, Clarence Thomas Still Wants To Limit Federal Power
The conservative justice continues to wage a lonely legal crusade over the Commerce Clause.
6th Circuit Backs Ban on Ohio Minors Using Social Media Without Parental Permission
The court said the law—which would require age verification for everyone—constitutes only a “marginal burden” and "does not raise meaningful concerns about muting valuable protected discourse."
Independent Journalist's Lawsuit Against West Texas County Can Go Forward, Recommends Magistrate Judge
The case is mostly about photography restrictions and false arrest, but the defendants also allegedly "discussed playing Disney music during public meetings to prevent Flash—through copyright restrictions—from monetizing his recordings."
America Spent a Fortune Shooting Down Cheap Drones. Now the Missile Stores Are Bare.
After burning through interceptors in the Iran war, the U.S. faces a dire math problem: Enemies can build drones faster than America can build missiles.
Major League Baseball Teams Have the Right To Offer Pride Uniforms. Should They?
The league’s conduct is indisputably protected by the First Amendment. But that doesn't make it wise.
A Supreme Court Decision Restricting Appeal Waivers Underlines the Injustice of Coercive Plea Bargaining
The Supreme Court ruled that "an agreement not to appeal a sentence is unenforceable when it would result in a miscarriage of justice."
Man Denied N.J. Gun Permit, Largely Based on Mental Health Records + Social Media Posts
"Petitioner's testimony confirmed his 2017 confrontation with his parents, he had authored the Reddit posts, and he had publicly uttered racial slurs and had made statements about raping women."
Survey: More Americans Are Carrying Concealed Guns
Three in 10 Americans at least occasionally carry a firearm.
Supreme Court Makes It Clear There Is No Drug Exception to the Second Amendment
The unanimous decision upholding the gun rights of cannabis consumers is striking given the Supreme Court's long history of accommodating the war on drugs.
ICE Says It's Moved Detainees Out of 'Alligator Alcatraz' For Hurricane Season
Civil rights and environmentalists vowed to keep fighting in court until the detention camp is torn down and returned to its original state.
Supreme Court Rules Government Cannot Bar Marijuana Users From Owning Guns
A notable 9-0 Second Amendment decision that features three concurring opinions, all of which make good points.
SCOTUS Says Federal Prosecution of Marijuana-Using Gun Owner Violates the Second Amendment
A landmark win for the right to keep and bear arms in United States v. Hemani.
Colorado Gun Owners Sue Over New Law Allowing Warrantless Access to Dealer Records
Law enforcement in Colorado can now inspect the records of any firearms dealer in the state "at all times" without a warrant, probable cause, or limits.
The Founders Revered the Right to Trial by Jury. Will SCOTUS Now Follow Their Example?
Understanding the stakes in Kian v. Florida
Louisiana Cops Threatened To Arrest a Man for Handing Out Religious Leaflets. They Got Qualified Immunity.
Richard Hershey is asking the Supreme Court to overrule a 5th Circuit decision that blocked the lawsuit provoked by that obvious First Amendment violation.
England Fans Warned Not To Chant 'Keir Starmer's a Wanker' at World Cup
FIFA can restrict political messaging inside its stadiums, but there is no stopping English football fans from mocking their prime minister elsewhere.
Shrexting: Free Speech or Criminal Harassment?, on Free Speech Unmuted
Jane and I discuss whether sending a sexually explicit image of Shrek to a politician can constitute criminal harassment.
Carded Before Sexting?
The U.K. says tech companies have three months to stop minors from sending or receiving nude images—and universal identity checks for phone users may be the only way forward.
Bipartisan JAWBONE Act Targets Government Censorship Threats
Government agencies would have to report communications and could be sued for bullying.
The Trump Administration Seriously Considered Unilaterally Suspending the Writ of Habeas Corpus
The proposal was nixed only after White House Staff Secretary Will Scharf explained why it was legally dubious.
