Supreme Court's Sidestep Leaves Native Kids Without Answers
While intended to keep Native families together, the ICWA subjects American Indian children to a lower level of protection than is enjoyed by non-Native kids.
Civil Liberties
No Absolute Privilege for Accuser's Allegations in College Disciplinary Proceedings; #TheyLied Libel Lawsuit
alleging the accuser lied in the proceedings can thus go forward, holds the Connecticut Supreme Court.
Right to Privacy Challenge to L.A. City Employee COVID Vaccine Mandate Can Go Forward,
though the city may yet prevail later in the case, if it can show enough facts justifying the mandate.
A Year Post-Dobbs, Major Shifts in Abortion Access and Politics
Plus: Court rules against judge who threw child stars in jail during parents' custody dispute, inside the FTC's attempt to stop Microsoft from acquiring Call of Duty, and more...
Ban on "Mentioning Child/Parental Alienation" and "Anything About" Ex, "Including But Not Limited to" …
"that which may be immediately or remotely interpreted as demeaning or belittling to him" struck down as unconstitutionally vague.
Schools Have No Constitutional Obligation to Try to Keep Students from Having Sex in the Parking Lot
"[T]he Does cannot wield the constitutional right to parent as a sword to require the district to adopt policies that help them to direct and control their son's choices," and likewise as to the right to free exercise of religion.
Hunter Biden's Prison-Free Plea Should Be Available to Everybody
If it's not a sweetheart deal, everyone else deserves the same leniency.
A Troubling Supreme Court Habeas Decision
The Supreme Court was wrong to deny relief to a man imprisoned for activity that Court's own rulings indicate was not illegal - one who never had an opportunity to challenge his incarceration on that basis.
Drag Is Protected Speech, Federal Judge Rules
It should be obvious that drag performances are protected by the First Amendment, but that hasn't kept government officials from trying to ban them.
Maryland Supreme Court Limits Testimony on Bullet-Matching Evidence
The ruling is likely the first by a state supreme court to undercut the popular forensic technique.
Why Is So Much of Reddit Dark Right Now?
When your business relies on volunteer moderators and user-generated content, angry denizens can threaten the whole enterprise.
Journal of Free Speech Law: "Saving the News," by Prof. Ramsi A. Woodcock
Just published as part of the symposium on Media and Society After Technological Disruption, edited by Profs. Justin "Gus" Hurwitz & Kyle Langvardt.
Brendan O'Neill: A Heretic's Manifesto
Spiked's leading polemicist defends J.K. Rowling, Brexit, and Enlightenment values of free speech and pluralism.
Economic Freedom Is Declining in the U.S.
We once ranked No. 4 in the world, according to the Heritage Foundation. Now we're 25th.
Colorado Ban on Any Law "Retrospective in Its Operation" Means Old Sex Assault Claims Can't Be Revived
The Colorado Supreme Court holds that the state constitution precludes revival of claims on which the statute of limitations has expired.
Can a Florida School District Ban a Children's Book About Gay Penguins?
The answer's more complicated than you might think.
Resourceful Indigenous Kids Survive 40 Days in Amazon Jungle
In the U.S., we arrest parents who let their 8-year-olds walk half a mile.
Arkansas Ban on Gender Transition Treatments for Minors Ruled Unconstitutional
Plus: New rules limit asylum applications, the bad math behind economic doomerism, and more...
Journal of Free Speech Law: "Structuring a Subsidy for Local Journalism," by Prof. Kyle Langvardt
Just published as part of the symposium on Media and Society After Technological Disruption, edited by Profs. Justin "Gus" Hurwitz & Kyle Langvardt.
Reporters Convicted of 'Trespass' for Doing Their Jobs
The guilty verdict came the same day the Justice Department blasted Minneapolis for harassing the press.
He's Facing Life in Prison for Owning Firearms Without a License
The government appears to agree that Charles Foehner shot a man in self-defense. He may spend decades behind bars anyway.
Europe's Bitcoin-Busting Mistake
The E.U.'s new virtual currency regulations will endanger privacy and trigger an exodus of tech talent from Europe, hobbling its role in the future of finance.
Journal of Free Speech Law: "From Hot News to Link Tax: The Dangers of a Quasi-Property Right in Information," by Paul Matzko
Just published as part of the symposium on Media and Society After Technological Disruption, edited by Profs. Justin "Gus" Hurwitz & Kyle Langvardt.
Federal Circuit Rules Temporary-but-Recurring Flooding of Property by the Government is an Automatic per se Taking
If the government floods private property on a recurring basis, it is automatically required to pay compensation, and owners' claims are not subject to a balancing test.
Upcoming Symposium Opportunity on "Rethinking Penn Central"
The Pacific Legal Foundation is sponsoring a symposium on this important issue, which may be of interest to legal scholars and others.
Journal of Free Speech Law: "How Local TV News Is Surviving Disruption as Newspapers Fail: Lessons Learned," by Prof. Laurie Thomas Lee
Just published as part of the symposium on Media and Society After Technological Disruption, edited by Profs. Justin "Gus" Hurwitz & Kyle Langvardt.
Journal of Free Speech Law: "Moderating the Fediverse: Content Moderation on Distributed Social Media," by Prof. Alan Rozenshtein
Just published as part of the symposium on Media and Society After Technological Disruption, edited by Profs. Justin "Gus" Hurwitz & Kyle Langvardt.
54% of Protestant Churches Rely in Part on Armed Church Members for Security
Only 20% rely on armed private security personnel, and 5% on uniformed police officers.
Confused TikTok Mom Asks for Help When Random Child Comes Over To Play With Her Kid
"I don't know this kid, I don't know his mom, I don't know where he lives," she said in a viral video.
Court: Public School Likely May Ban Student from Wearing "There Are Only Two Genders" T-Shirt,
notwithstanding the First Amendment.
Justice Department Finds 'Deeply Disturbing' and Illegal Policing in Minneapolis
Minneapolis police used gratuitous force, discriminated against black and Native American residents, and retaliated against people exercising their First Amendment rights.
Journal of Free Speech Law: My "The Reverse Spider-Man Principle: With Great Responsibility Comes Great Power"
Just published as part of the symposium on Media and Society After Technological Disruption, edited by Profs. Justin "Gus" Hurwitz & Kyle Langvardt.
Feds May Need Warrants To Search Cell Phones at the Border After All
Snooping through emails, video, and photos isn’t the same as stumbling on containers full of cocaine.
A Civil Rights Attorney Started Filming a Traffic Stop. Then Police Arrested Her.
Her arrest may have been retaliation for her involvement in a lawsuit against the local police department.
Congress Had Questions About the CDC Stifling Dissent. Rochelle Walensky Refused To Answer.
Plus: Court using anti-pornography software to track a criminal defendant, $25 million verdict against Starbucks over fired employee, and more...
Journal of Free Speech Law: "Content Moderation in Practice," by Laura Edelson
Just published as part of the symposium on Media and Society After Technological Disruption, edited by Profs. Justin "Gus" Hurwitz & Kyle Langvardt.
Seattle Ordinance That Forbids, Among Other Things, Chalking Is Likely Unconstitutional
[UPDATE 5/19/24: This trial court decision has since been reversed by the Ninth Circuit.]
The New Right Isn't So New
Left-wing totalitarianism and right-wing authoritarianism are not our only options.
A.I. Needs Section 230 To Flourish
A new bill from Sens. Josh Hawley and Richard Blumenthal would stifle the promise of artificial intelligence.
