Can the Government Be More Effective?
William D. Eggers discusses what he's learned about making the government less intrusive.
Civil Liberties
'I Relied on Others,' 'Documents Were Filed in the Wrong Place,' and Other Memorable Excuses
The year's highlights in blame shifting.
Fifth Circuit Rejects Younger Abstention Claim by Prosecutor Seeking to Prosecute Netflix for Airing "Cuties"
A rare federal court decision denying Younger abstention.
First Amendment Likely Protects Even Unlicensed Engineers' Right to Provide Expert Opinion in Government Proceedings
(Note that the court dealt with a professional licensing board's threat of punishment for such engineers; it doesn't deal with the separate question whether a government body may refuse to accept testimony from an unlicensed expert.)
Prediction: 2024 Will See Deadly Political Violence in the Streets
And there's still time left in 2023, the way things are going lately in New York.
Tweet Accusing Man of Rape Led to Gag Order Against the Accuser
The trial judge concluded the Tweet was “harassment by defamation.”
Trump's Promise to 'Indemnify' Cops 'Against Any and All Liability' Is Absurd for 2 Reasons
Police officers already are routinely indemnified, and suing them for abuse is much harder than Trump claims.
Social Media Censorship and The First Amendment
Stanford's Jay Bhattacharya debates St. John University's Kate Klonick on the federal government's role in social media censorship.
My Favorite Things (TSA Version)
A reined-in TSA would be the sound of music to many Americans' ears.
ICE Leaked These Asylum Seekers' Personal Information. A Court Just Dismissed Their Lawsuit.
“The victims may not have been persecuted or tortured due to the data breach yet, but the likelihood of those outcomes has increased due to ICE’s conduct.”
Abortion-Funding/-Supporting Groups' Challenges to Texas Abortion Laws Can Proceed for Now
The district court just dismissed certain procedural objections to them, though it wasn't asked to consider the substantive arguments.
Nirvana Nevermind Cover Baby's Child Pornography Lawsuit Isn't Barred by Statute of Limitations,
the Ninth Circuit rules, though expressly noting that "The question whether the Nevermind album cover meets the definition of child pornography is not at issue in this appeal."
#TheyLied Libel Lawsuit Over Allegations of Sexual Harassment Can Proceed,
recommends a Magistrate Judge, in a case brought over defendant student organization chair's claims that plaintiff had engaged in "sever[e], consisten[t], and widespread" misbehavior.
Was the Capitol Riot an 'Insurrection,' and Did Trump 'Engage in' It?
The Colorado Supreme Court's reasoning in deciding that Trump is constitutionally disqualified from running for president seems iffy.
Stella Assange: Why Isn't Julian Assange a Free Man?
Stella Assange discusses the imprisonment of her husband on the third episode of Just Asking Questions.
The Flimsy RICO Case Against Atlanta's Cop City Protestors
Law enforcement officials appear to have tarred ad hoc bands of protesters as members of an organized criminal movement.
Libel Suit Terminated Because of Plaintiff's Discovery Misconduct
The flip side of what happened with defendant-side discovery misconduct in the Rudy Giuliani and Alex Jones cases, though with much smaller stakes.
Substackers Battle Over Banning Nazis
Some Substack writers are pressuring the platform to change its moderation policies. Others are urging Substack not to listen.
How Magazine Bans Thwart Self-Defense
Bans on standard magazines benefit criminals and endanger victims
Libertarian History/Philosophy
Jennifer Burns: Why Milton Friedman Matters More Than Ever
The biographer of the Nobel laureate says he made us "free to choose" in areas far beyond economics.
Milei's New Anti-Protest Measures Are Put to the Test
Milei's critics have argued the government's measures are a "criminalization of the right to protest," but a closer look shows that those concerns are somewhat exaggerated.
10-Year-Old Kid Offered Probation for Peeing Behind His Mom's Car
His mom is rejecting the prosecutors' absurdly strict probation rules.
Sentencing Commission Again Proposes Restricting Judges' Use of Acquitted Conduct
Judges can sentence defendants for charges they were acquitted of by a jury, a practice that troubles criminal justice advocates, civil liberties groups, and several Supreme Court justices.
This Innocent Woman Is on the Hook for Thousands After a SWAT Team Destroyed Her Home
An error-prone investigation in search of a fugitive led police to Amy Hadley's house.
Houthis Ruin Christmas
Plus: The fertility crisis, the origins of Israel, El Segundo's tech scene, and more...
Giuliani Never Puts Up, but He Never Shuts Up Either
The former Trump lawyer could have avoided a massive defamation verdict by presenting his "definitively clear" evidence of election fraud.
Millions of Kids Left Classrooms During the Pandemic. New Data Show 50,000 Hadn't Returned 2 Years Later.
According to an analysis from the Associated Press, 50,000 children in 22 states were still missing from schools in fall 2022.
My Contribution to Brennan Center Symposium on the Most Significant State Constitutional Cases of 2023
I focus on the Washington Supreme Court's flawed decision holding an eviction moratorium is not a taking of private property.
Southern Border Showdown
Plus: Houthi attack, Milei misinformation, Instagram rooster eugenics, and more...
COVID Lockdown Violation Conviction Reversed, Based on N.J. Policy Exempting "Political Activities"
Defendant was "walking along the highway holding up signs to passing motorists stating 'PHUCK,' '#THIN BLUE,' and 'Slow Down Police Ahead.'"
5th Circuit Reluctantly Rules Against Victim of a Prosecutor Who Was Also a Law Clerk
Ralph Petty's "conflicted dual-hat arrangement" as an advocate and an adjudicator was "utterly bonkers," Judge Don Willett notes.
Video Shows Vermont State Trooper Arrest Man for Flipping Him Off
FIRE and the ACLU of Vermont are now representing the man in a free speech lawsuit.
A Tennessee Youth Detention Center Has Been Illegally Throwing Kids in Solitary Confinement
An investigation from ProPublica shows that one Knoxville-area facility is putting kids in solitary but skirting scrutiny by classifying the seclusion as "voluntary."
Social Media Censorship: Jay Bhattacharya vs. Kate Klonick
Stanford's Jay Bhattacharya debates St. John University's Kate Klonick on the federal government's role in social media censorship.
If Colleges Ban "Advocacy of Genocide," What Would That Mean for Speech Supporting Israeli Actions in Gaza?
Most 18-to-24-year-old registered voters, a recent poll reports, view Israel's actions as "genocide."
